Chapter 36.10
REGULATION OF THE SALE OF TOBACCO PRODUCTS TO MINORS
Sections:
36.10.040 Parental responsibility.
36.10.060 Other applicable laws.
36.10.070 Violation, enforcement and penalties.
36.10.010 Purpose.
The purpose of this chapter is to reduce the availability of tobacco products to minors by regulating the display and manner of sale of such products in retail and business establishments. The City Council finds and declares it in the public interest to: (A) prohibit self-service sales and self-service displays, racks and shelves of tobacco products; (B) require the posting of warning signs at the point of purchase stating the legal age of sale and that identification is required to purchase tobacco; (C) prohibit vending machine sales of tobacco products; and (D) require all cigarettes, other tobacco or smoking products be sold in their original packaging with all required health warnings. In addition, the City Council desires to prohibit a minor from lawfully possessing or using tobacco products; therefore, appropriate criminal sanctions have been articulated in this regard. It is further the intent of City Council to discourage parents from permitting, or by insufficient control, allowing such possession or usage by a minor by establishing criminal sanctions against the parent for violating provisions of this chapter. (Ord. 1876)
36.10.020 Definitions.
For the purposes of this chapter the following words are defined:
A. “Business” means any sole proprietorship, joint venture, corporation or other business entity formed for profitmaking purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
B. “City” shall mean the City of Coronado.
C. “Employee” means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.
D. “Minor” means any individual who is less than 18 years old.
E. “Nonprofit entity” means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a “nonprofit entity” within the meaning of this section.
G. “Parent” means a person who is the natural or adoptive parent of a person. “Parent” includes a court appointed guardian or other person 18 years of age or older, authorized by the parent, by a court order, or by court appointed guardian to have the care and custody of the person.
F. “Person” shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
H. “Public place” means any place to which the public or a substantial group of the public has access, and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, office buildings, transport facilities, shopping centers, and malls.
I. “Self-service merchandising” means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.
J. “Tobacco product” means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion.
K. “Tobacco retailer” shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.
L. “Tobacco vending machine” means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.
M. “Vendor-assisted” means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
36.10.030 Prohibitions.
A. No person or business shall engage in the sale of a tobacco product without first posting a plainly visible sign at the point of purchase of tobacco products which states “THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO.” The letters of the sign shall be at least one-half-inch high.
B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser’s age as 18 years or greater unless the seller has another reasonable basis for determining the buyer’s age.
C. No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings.
D. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales.
E. No person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purposes of selling or distributing any tobacco product.
F. No minor shall possess, use, or consume any tobacco product in any public place, nor shall a minor solicit another person for the purpose of purchasing or otherwise acquiring a tobacco product.
36.10.040 Parental responsibility.
A. With probable cause to believe there is a violation of CMC 36.10.030(F), a Peace Officer may issue a citation to the minor and may detain the minor until he or she can be placed in the care and custody of his or her parent. If cited, the minor and a parent shall appear in court as directed in the citation. The parent shall be advised of the fact that the minor was cited for a violation of CMC 36.10.030(F), and the parent shall also be warned of their responsibility and liability as the minor’s parents.
B. If a parent has been previously warned as set forth in subsection A of this section, upon a parent’s first contact after being advised of their responsibility as set forth under that subsection, they may be issued a citation for an infraction to appear in court, or may be subject to a civil action as described in CMC 36.10.070.
36.10.050 Nonretaliation.
A. No person or employee shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this chapter.
B. No person shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against another person because such other person seeks to attain compliance with provisions of this chapter.
36.10.060 Other applicable laws.
This section shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws.
36.10.070 Violation, enforcement and penalties.
A. Any person, business or tobacco retailer who violates any provision of this chapter shall, upon conviction thereof, be punished as specified in CMC 1.08.050 for an infraction, or may be subject to civil action and fine as specified in Chapter 1.10 CMC.
B. The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signs required by this chapter.
C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees.