Bakersfield Municipal Code Ch. 8.58 Tobacco Use Prevention

Sections: 8.58.010 Short title. 8.58.020 Findings and purpose. 8.58.030 Definitions. 8.58.040 Requirement of vendor-assisted sales. 8.58.050 Purchaser identification. 8.58.060 Exemptions. 8.58.070 Violations and penalty.

This ordinance codified in this chapter shall be known as “tobacco use prevention”. (Ord. 4017 § 1, 2001)

The city council finds that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and that smoking rates are on the increase among the youth population of Kern County. In addition, the U.S. Surgeon General and the U.S. Environmental Protection Agency have concluded that second-hand smoke causes lung cancer and heart disease in healthy non-smokers. In order to promote public health, safety and welfare, the declared purposes of this chapter are to prohibit the smoking of tobacco, or any weed or plant, in public places and places of employment, to protect the public health by restricting public exposure to second-hand smoke, and to restrict youth access to tobacco products, as stated and required in this chapter. (Ord. 4017 § 1, 2001)

As used in this chapter only, the following words and phrases are defined as such:

A. “Cigar lounge” means a private smokers’ lounge of an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products, including but not limited to cigars and pipes.

B. “Tobacco product” means any manufactured substance made from the tobacco plant, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion.

C. “Tobacco shop” means a business establishment whose main purpose is the sale of tobacco products, including but not limited to cigars, pipe tobacco and smoking accessories.

D. “Vendor-assisted sale” means a purchase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor 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. 4017 § 1, 2001)

It shall be unlawful for any person or business to sell, permit to be sold, or offer for sale any tobacco product by means of a self-service display, cigarette vending machine, or by any means other than vendor-assisted sales. This prohibition shall not apply to tobacco shops and cigar lounges. A “self-service display” is the open display of tobacco products which the public has access to without the intervention of a store employee, including but not limited to a rack, shelf or counter-top display. (Ord. 4017 § 1, 2001)

The seller of any tobacco products shall require photographic identification if a purchaser reasonably appears to be under twenty-seven years of age. In compliance with state law, tobacco products shall not be sold to, possessed, used, or purchased by anyone under twenty-one years of age. (Ord. 4937 § 1, 2018; Ord. 4017 § 1, 2001)

A. This chapter is not intended to regulate smoking on property owned or leased by county, state or federal governmental entities.

B. Any owner or manager of a business or other establishment subject to this chapter may apply to the chief of the fire department for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions not related to youth access to tobacco products or the public’s exposure to second- hand smoke. Such exemption shall be granted only if the chief of the fire department finds from the evidence presented by the applicant for exemption either that:

1. The applicant cannot comply with the provisions of this chapter for which an exemption is requested without incurring expenses for structural or other physical modifications, other than posting signs, to buildings and structures; or

2. Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. (Ord. 4017 § 1,

A. A violation of this chapter is punishable as either an infraction or misdemeanor.

B. Citations for violations of this chapter shall not be issued until January 1, 2002. (Ord. 4017 § 1, 2001)