Arroyo Grande Municipal Code Ch. 8.36 Tobacco Products

Any person, business, tobacco retailer, or other establishment subject to this chapter shall post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under twenty-one (21) years of age is illegal and subject to penalties. The notice must comply in all respects with Business and Professions Code Section 22952 as such section may be amended from time to time. For the purposes of this chapter, "tobacco products" shall have the same meaning as defined in Business and Professions Code Section 22950.5 as such section may be amended from time to time.

(Prior code § 5-16.01)

(Ord. No. 701, § 4, 8-27-2019)

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 as defined by Business and Professions Code Section 22950.5 as such section may be amended from time to time, to an individual without requesting and examining identification establishing the purchaser's age as twenty-one (21) years of age or older.

(Prior code § 5-16.02)

(Ord. No. 701, § 4, 8-27-2019; Ord. No. 2025-007, § 3, 6-24-2025)

It is unlawful for any person, business or tobacco retailer within the city to sell, offer for sale, or display for sale any tobacco product by means of a self-service display. All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance.

(Prior code § 5-16.03)

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.

(Prior code § 5-16.04)

A. Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

"Distribute" or "distribution" means the transfer, by any person other than a common carrier, of an electronic cigarette or vaping project at any point from the place of manufacture or thereafter to the person who sells the electronic cigarette or vaping product to an individual for personal consumption, including, but not limited to, such transfers by licensed tobacco retailers, excluding online transactions.

"Electronic cigarette" and "vaping product" shall mean: 1) any product intended for human consumption by inhalation regardless of nicotine content, whether for one-time use or reusable, that relies on vaporization or aerosolization, including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic vaping product delivery pens, hookah pens, and any other similar devices that rely on vaporization or aerosolization; and 2) any component, part, or accessory of a product or device defined in 1) above, including flavored vape juices and liquids used in such devices, even if sold separately. "Electronic cigarette" and "vaping product" does not include any product that has been approved by the federal Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose.

"New tobacco product" shall have the meaning set forth in 21 U.S.C. § 387j(a)(1), as may be amended from time to time.

"Sell," "sale," and "to sell" mean any transaction where, for any consideration, ownership of an electronic cigarette or vaping product is transferred from one person to another, including, but not limited to, any transfer of title or possession for consideration, exchange, or barter, in any manner or by any means, including, but not limited to, such transactions by licensed tobacco retailers, excluding online transactions.

In addition, "person" and "tobacco retailer" shall have the meanings defined in Arroyo Grande Municipal Code Section 8.38.020.

B. Sale of electronic cigarettes and vaping products prohibited. No person shall sell or distribute an electronic cigarette or vaping product in retail establishments, excluding online, including all non-flavored and flavored vaping products, including mint and menthol, to a person in the City of Arroyo Grande.

C. Violations. Persons violating any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment. Any violations of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. In addition to any other penalty authorized by law, violations by licensed tobacco retailers shall also be subject to suspension or revocation of their license in accordance with the provisions of AGMC Section 8.38.110.

(Ord. No. 702, § 2, 11-26-2019; Ord. No. 2025-007, § 4, 6-24-2025)

No person under the age of twenty-one (21) shall purchase, receive, or possess any tobacco product as that term is defined in Section 8.38.020 of Chapter 8.38, which includes electronic smoking devices. Any person, upon conviction of this section, shall pay a fine of seventy-five dollars ($75.00) or perform thirty (30) hours of community service work.

(Ord. No. 703, § 2, 11-26-2019)