Chapter 8.05


8.05.010    Purpose.

8.05.020    Definitions.

8.05.030    Prohibitions.

8.05.040    Nonretaliation.

8.05.050    Other applicable laws.

8.05.060    Violation – Enforcement and penalties.

8.05.010 Purpose.

The City Council does find that substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S. The National Centers for Disease Control have found that at least 434,000 Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent. Accordingly, the City Council finds and declares it in the public interest to: (1) prohibit self-service sales and self-service displays, racks and shelves of tobacco products; (2) 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; (3) prohibit vending machine sales of tobacco products; and (4) require all cigarettes, other tobacco or smoking products be sold in their original packaging with all required health warnings. (Ord. 444 § 1, 1995)

8.05.020 Definitions.

For the purposes of this chapter, the following words are defined:

“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.

“City” means the City of Poway.

“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.

“Minor” means any individual who is less than 18 years old.

“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.

“Person” means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

“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.

“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.

“Tobacco retailer” means 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.

“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.

“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. (Ord. 444 § 1, 1995)

8.05.030 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 quarter 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 some 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 is 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. (Ord. 444 § 1, 1995)

8.05.040 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. (Ord. 444 § 1, 1995)

8.05.050 Other applicable laws.

This chapter 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. (Ord. 444 § 1, 1995)

8.05.060 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 PMC 1.08.010.

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 signage required by this chapter.

C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees. (Ord. 444 § 1, 1995)