Chapter 8.17


8.17.010    Definitions.

8.17.020    Sale of cigarettes and other tobacco products from vending machines prohibited.

8.17.030    Violations and penalties.

8.17.040    Violative cigarette vending machines.

8.17.010 Definitions.

For the purposes of this chapter, the following terms shall be defined as set forth below:

A. “Cigarette 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 bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.

B. “Electronic smoking device” means an electronic device which can be used to deliver an inhaled dose of nicotine or any other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic smoking device” includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

C. “Person” shall mean an individual, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit, excepting, however, the United States of America, the state of California, and any political subdivision or unit thereof.

D. “Tobacco accessories” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.

E. “Tobacco product” means any product containing, made from, 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 but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, electronic smoking devices or any other preparation of tobacco including Indian cigarettes called “bidis.” “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes and is marketed and sold solely for such an approved purpose. (Ord. 1613 § 5, 2015: Ord. 1212 § 1, 1992)

8.17.020 Sale of cigarettes and other tobacco products from vending machines prohibited.

The following provisions shall apply within the city limits of the City of San Luis Obispo:

A. No person shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises of any cigarette vending machine used or intended to be used for the purpose of selling any tobacco products or tobacco accessories therefrom.

B. Any cigarette vending machine in use on the effective date of this chapter shall be removed within one hundred twenty days after the effective date of this chapter. (Ord. 1212 § 1, 1992)

8.17.030 Violations and penalties.

Any person violating this chapter shall be deemed guilty of an infraction. (Ord. 1212 § 1, 1992)

8.17.040 Violative cigarette vending machines.

Any cigarette vending machine not removed from the premises or converted to a permissible use within the time limit set forth by Section 8.17.020.B shall be deemed to be a public nuisance, and may be abated by the city as specified in the Municipal Code, or in a civil action or other appropriate legal proceedings. (Ord. 1212 § 1, 1992)