Chapter 6.30
PROHIBITION OF SALE AND DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS

Sections:

6.30.010    Definitions.

6.30.020    Sale and Distribution of Flavored Tobacco Products Prohibited.

6.30.010 Definitions.

For the purposes of this chapter, the following words and phrases have the meaning set forth in this section:

“Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.

“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

“Distribute” means to furnish, give away, exchange, transfer, deliver or supply, whether or not for monetary gain.

“Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor including, but not limited to, flavored shisha tobacco, flavored shisha tobacco products and fluids, flavored cigarette wraps, as well as any tobacco product which is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to California Health and Safety Code Section 104559.1, other than flavored loose-leaf tobacco and premium cigars.

“Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper, which is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.

“Sell” or “sale” means to furnish, exchange, transfer, deliver, or supply for monetary gain.

“Tobacco product” means any of the following: a product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff; an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah; or any component, part, or accessory of a tobacco product, whether or not sold separately. A tobacco product does not include a nicotine replacement product approved by the United States Food and Drug Administration. (Ord. 2025-26 § 5, 2025)

6.30.020 Sale and Distribution of Flavored Tobacco Products Prohibited.

It shall be unlawful for any person to sell, advertise for sale, offer for sale, or distribute, directly or indirectly, any flavored tobacco product in the City. (Ord. 2025-26 § 5, 2025)