Avenal Municipal Code Ch. 20 Tobacco Self Service Displays

Sections: 5-20.01 Purpose. 5-20.02 Definitions. 5-20.03 Sale of tobacco product merchandise. 5-20.04 Penalty for violation. 5-20.01 Purpose. The City of Avenal has determined that in order to protect the health, safety and welfare of those citizens within the City and metropolitan area, under the age of eighteen (18) years, it is necessary to regulate the sale of tobacco products through self-service displays. (Ord. 98-03 (part), 1998) 5-20.02 Definitions. For the purposes of this section, the following definition(s) will apply: "At least fifteen (15′) feet away from the entrance" means within the premises of the licensed establishment and not outside those premises. "Self service display" is intended to include any array and/or presentation of tobacco product merchandise by which a buyer may acquire possession of such tobacco product merchandise

Title 5 PUBLIC WELFARE Avenal, California, Code of Ordinances Page 54 without the assistance of the seller. For purposes of this section, a vending machine which dispenses cigarettes, cigars and/or chewing tobacco is intended to be included within this definition. (Ord. 98-03 (part), 1998) 5-20.03 Sale of tobacco product merchandise. (a) Except as provided in subsection (b) of this section, it is unlawful for any person, business or tobacco retailer to sell, permit to be sold, display, or offer for sale any cigarette or tobacco product distributed from any self service display within the City of Avenal. (b) Cigarette and tobacco product self service displays will be located at least fifteen (15′) feet away from the entrance of any premises issued an on-sale public premises license as defined in California Business and Professions Code 23039 by the Department of Alcohol Beverage Control to sell alcoholic beverages. (Ord. 98-03 (part), 1998) 5-20.04 Penalty for violation. It is unlawful for any person, business or tobacco retailer to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, business or tobacco retailer violating any provision of this chapter, or failing to comply with any of this chapter's requirements, shall be punishable by (1) a verbal warning for the first offense; (2) a fine not to exceed five hundred dollars ($500.00) for the second offense within one year; and (3) a fine not to exceed one thousand dollars ($1,000.00) for the third offense within one year. Thereafter, any person business or tobacco retailer violating any provisionof this chapter, or failing to comply with any of this chapter's requirements, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for a period not exceeding six (6) months, by a fine not exceeding one thousand dollars ($1,000.00), or by both fine and imprisonment. Each such person, business or tobacco retailer shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person, business or tobacco retailer and shall be deemed punishable therefore as provided in this chapter. (Ord. 98-03 (part), 1998)