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Part 2 — UNDERGROUND UTILITY DISTRICTS›Chapter 125 — TOBACCO RETAIL LICENSING

§ 125.010 DEFINITIONS.

Baldwin Park Zoning Code · 2026-06 edition · updated 2026-09-09 · Baldwin Park

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARM’S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.

CHARACTERIZING FLAVOR. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any by-product produced by the cannabis or tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, cotton candy, herb, bubble gum, spice, or any other flavor that is designed to mask the aroma and flavor of natural cannabis or tobacco or tobacco related products. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any tobacco product or nicotine delivery device, including electronic smoking devices.

DEPARTMENT. Community Development Department, and any agency or person designated by the Chief Executive Officer to enforce or administer the provisions of this chapter.

ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, or vape pen. ELECTRONIC SMOKING DEVICE includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. ELECTRONIC SMOKING DEVICE 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 where such product is marketed and sold solely for such an approved purpose.

FLAVORED TOBACCO PRODUCT. Any tobacco product, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer or any employee or agent of a tobacco retailer has: (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco retail product’s labeling or retail packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

citly indicate that the tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

SELF-SERVICE DISPLAY. The open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.

SMOKING. Possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). TOBACCO PARAPHERNALIA. Any item designed or marketed for the consumption, use, or preparation of tobacco products.

TOBACCO PRODUCT.

(1) Any product containing, made, 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, little cigars, chewing tobacco, pipe tobacco, and snuff;

(2) Any electronic smoking device that delivers nicotine and other substances to the person inhaling from the device, including, but not limited to an electronic device, cigarette, electronic cigar, electronic pipe; or

(3) Any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately or any of these contains tobacco or nicotine.

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 where such product is marketed and sold solely for such an approved purpose.

TOBACCO RETAILER. Any person who sells from a retail establishment, offers for sale from a retail establishment, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia from a retail establishment. TOBACCO RETAILING shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

TOBACCO RETAILING. The doing of any of the activities mentioned in the definition of tobacco retailer. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

(Ord. 1321, passed 10-1-08; Am. Ord. 1463, passed 11-3-21; Am. Ord. 1501, passed 4-5-23)

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▸Contents — Baldwin Park Zoning Code
Baldwin Park Zoning Code
  1. Chapter 10 — GENERAL PROVISIONS
  2. Chapter 15 — ADMINISTRATIVE ENFORCEMENT OF CODE VIOLATIONS
  3. Chapter 30 — CITY COUNCIL
  4. Chapter 31 — CITY OFFICIALS AND EMPLOYEES
  5. Chapter 32 — COMMISSIONS, AGENCIES AND AUTHORITIES
  6. Chapter 33 — PERSONNEL SYSTEM
  7. Chapter 34 — FINANCE; PURCHASING
  8. Chapter 35 — TAXATION
  9. Chapter 36 — EMERGENCY ORGANIZATIONS
  10. Chapter 37 — PROPERTY
  11. Chapter 39 — DECORUM AT COUNCIL MEETINGS
  12. Chapter 40 — CAMPAIGN CONTRIBUTION LIMITS AND PENALTIES
  13. Chapter 50 — SOLID WASTE MANAGEMENT
  14. Chapter 51 — SEWERS
  15. Chapter 52 — STORM WATER AND URBAN RUNOFF POLLUTION PREVENTION
  16. Chapter 53 — CONSTRUCTION AND DEMOLITION MATERIALS MANAGEMENT
  17. Chapter 70 — GENERAL PROVISIONS
  18. Chapter 71 — TRAFFIC REGULATIONS
  19. Chapter 72 — STOPPING, STANDING AND PARKING
  20. Chapter 74 — PARKING SCHEDULES
  21. Chapter 90 — ABANDONED VEHICLES
  22. Chapter 91 — ALARM SYSTEMS
  23. Chapter 92 — ANIMAL CONTROL
  24. Chapter 93 — FIRE PREVENTION; FIREWORKS
  25. Chapter 94.5 — SMOKEFREE MULTI-FAMILY HOUSING
  26. Chapter 95.5 — SEIZURE AND FORFEITURE OF VEHICLES
  27. Chapter 96 — PUBLIC PARKS
  28. Chapter 97 — STREETS, SIDEWALKS AND PUBLIC PLACES
  29. Part 1 — GENERAL PROVISIONS
  30. ▸Part 2 — UNDERGROUND UTILITY DISTRICTS
    Overview
    1. § 97.070 DEFINITIONS.
    2. § 97.071 PUBLIC HEARINGS.
    3. § 97.072 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS B…
    4. § 97.073 UNLAWFUL ACTS.
    5. § 97.074 EXCEPTION; EMERGENCY OR UNUSUAL CIRCUMSTANCES.
    6. § 97.075 ADDITIONAL EXCEPTIONS.
    7. § 97.076 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.
    8. § 97.077 RESPONSIBILITY OF UTILITY COMPANIES.
    9. § 97.078 RESPONSIBILITY OF PROPERTY OWNERS.
    10. § 97.079 RESPONSIBILITY OF CITY.
    11. § 97.080 EXTENSION OF TIME.
    12. § 97.090 ASSIGNMENT OF HOUSE NUMBERS.
    13. § 97.091 CURB PAINTED HOUSE NUMBERS.
    14. § 97.105 DEFINITIONS.
    15. § 97.106 PERMIT REQUIRED.
    16. § 97.107 CONDITIONS TO PERMIT.
    17. § 97.108 PERMIT APPLICATION.
    18. § 97.109 PERMIT APPROVAL.
    19. § 97.110 FEES AND COST RECOVERY.
    20. § 97.111 INDEMNIFICATION; INSURANCE.
    21. § 97.125 DEFINITIONS.
    22. § 97.126 LIST OF VARIETIES OF TREES.
    23. § 97.127 PLAN FOR PLANTING AND MAINTENANCE OF TREES.
    24. § 97.128 INTERFERENCE WITH PLANTINGS.
    25. § 97.129 MAINTENANCE BY OWNER.
    26. § 97.130 MAINTENANCE BY CITY.
    27. § 97.131 REMOVAL OF TREES.
    28. § 97.132 PROHIBITION AGAINST INJURY TO STREET TREES.
    29. § 97.145 DEFINITIONS.
    30. § 97.146 PERMIT REQUIRED; ELIGIBILITY.
    31. § 97.147 APPLICATION; FEES.
    32. § 97.148 ISSUANCE OF PERMIT; CONDITIONS.
    33. § 97.149 REGULATIONS.
    34. § 97.150 SUSPENSION; REVOCATION.
    35. § 97.151 APPEAL.
    36. § 97.152 REMOVAL OF BANNERS.
    37. § 97.153 EXPIRATION OF PERMIT.
    38. § 97.154 REMOVAL OF HAZARDOUS AND DEFECTIVE STREET BANNERS.
    39. § 97.155 INSURANCE.
    40. § 97.156 RIGHT TO REMOVE.
    41. § 97.165 DEFINITIONS.
    42. § 97.166 PERMIT.
    43. § 97.167 REMOVAL OF BENCHES BY CITY.
    44. § 97.168 NEW PERMIT UPON SALE OR TRANSFER OF TITLE.
    45. § 97.169 ADVERTISING AND SIGNS ON BENCHES.
    46. § 97.170 ENFORCEMENT.
    47. § 97.180 INTENT AND PURPOSE.
    48. § 97.181 DEFINITIONS.
    49. § 97.182 IDENTIFICATION.
    50. § 97.183 MATTER HARMFUL TO MINORS.
    51. § 97.184 REMOVAL AND IMPOUNDMENT OF NEWSRACKS.
    52. § 97.185 HEARING ON IMPOUNDMENT.
    53. § 97.186 DISPOSITION OF IMPOUNDED NEWSRACKS.
    54. § 97.187 FINE FOR DISPLAY OF HARMFUL MATTER TO MINORS.
    55. Chapter 98 — UNATTENDED SHOPPING CARTS
    56. Chapter 99 — PROHIBITION OF CAMPING AND STORAGE OF PERSONAL PR…
    57. Chapter 100 — OFFICIAL POLICE TOW TRUCK SERVICES
    58. Chapter 110 — GENERAL BUSINESS PERMITS
    59. Chapter 111 — BUSINESS LICENSE TAXES
    60. Chapter 112 — BANKRUPTCY, FIRE AND CLOSING OUT SALES
    61. Chapter 113 — BINGO GAMES
    62. Chapter 114 — CABLE TELEVISION SYSTEM
    63. Chapter 115 — DANCES
    64. Chapter 116 — ADVERTISING
    65. Chapter 117 — RENTAL RATE INCREASES
    66. Chapter 118 — MASSAGE ESTABLISHMENTS
    67. Chapter 119 — GARAGE, YARD AND PATIO SALES
    68. Chapter 120 — PRIVATE PATROLS
    69. Chapter 122 — STREET VENDORS
    70. Chapter 123 — TAXICABS
    71. Chapter 124 — ADULT-ORIENTED BUSINESSES
    72. ▸Chapter 125 — TOBACCO RETAIL LICENSING
      Overview
      1. § 125.010 DEFINITIONS.
      2. § 125.020 REQUIREMENTS AND PROHIBITIONS.
      3. § 125.030 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE.
      4. § 125.040 APPLICATION PROCEDURE.
      5. § 125.050 ISSUANCE OF LICENSE.
      6. § 125.060 LICENSE RENEWAL AND EXPIRATION.
      7. § 125.070 LICENSES NONTRANSFERABLE.
      8. § 125.080 LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.
      9. § 125.090 FEE FOR LICENSE.
      10. § 125.100 COMPLIANCE MONITORING.
      11. § 125.110 REVOCATION OF LICENSE.
      12. § 125.120 TOBACCO RETAILING WITHOUT A LICENSE.
      13. § 125.130 ENFORCEMENT.
    73. Chapter 126 — TRASH RECEPTACLES AT DRIVE-THROUGH EATING FACILI…
    74. Chapter 127 — MEDICAL AND ADULT USE COMMERCIAL CANNABIS PRODUC…
    75. Chapter 128 — CANNABIS RETAILERS
    76. Chapter 129 — CANNABIS RETAILER TAX
    77. Chapter 130 — GENERAL OFFENSES
    78. Chapter 131 — OFFENSES AGAINST PROPERTY
    79. Chapter 150 — BUILDING CODES
  31. Part 1 — ADMINISTRATIVE PROVISIONS
  32. Part 2 — DEFINITIONS
  33. Part 3 — ORGANIZATION AND ENFORCEMENT
  34. Part 4 — EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT
  35. Part 5 — PERMITS
  36. Part 6 — APPLICATION REQUIREMENTS
  37. Part 7 — PERMIT ISSUANCE
  38. Part 8 — FEES
  39. Part 9 — INSPECTIONS
  40. Part 10 — CERTIFICATE OF OCCUPANCY
  41. Part 11 — ADOPTION AND AMENDMENT OF THE CALIFORNIA BUILDING CO…
  42. Part 12 — ADOPTION AND AMENDMENTS OF THE
  43. Part 13 — ADOPTION OF THE CALIFORNIA MECHANICAL CODE
  44. Part 14 — ADOPTION OF THE CALIFORNIA PLUMBING CODE
  45. Part 15 — ADOPTION OF THE CALIFORNIA ENERGY CODE
  46. Part 16 — ADOPTION OF THE CALIFORNIA WILDLAND-UBRAN INTERFACE …
  47. Part 17 — ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE
  48. Part 18 — ADOPTION OF THE CALIFORNIA EXISTING BUILDING CODE
  49. Part 19 — ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE
  50. Part 20 — ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELE…
  51. Part 1 — PERMITTED USES AND DEVELOPMENT STANDARDS
  52. Part 2 — SMALL-LOT SINGLE-FAMILY DEVELOPMENTS
  53. Part 3 — HOUSING INCENTIVES
  54. Part 4 — MOBILE HOME PARKS
  55. Part 5 — URBAN DEVELOPMENT UNITS AND URBAN LOT SPLITS
  56. Part 1 — ADULT-ORIENTED BUSINESSES
  57. Part 2 — ALCOHOL SALES
  58. Part 3 — GAME ARCADES AND INTERNET CAFES
  59. Part 4 — ANIMAL KEEPING
  60. Part 5 — BILLIARD AND POOL HALLS
  61. Part 6 — CHILD DAY CARE FACILITIES AND LARGE-FAMILY DAY CARE H…
  62. Part 7 — DRIVE-THROUGH ESTABLISHMENTS
  63. Part 8 — HOME OCCUPATIONS
  64. Part 9 — HOTELS AND MOTELS
  65. Part 10 — CANNABIS RETAILERS
  66. Part 11 — ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLI…
  67. Part 12 — SERVICE STATIONS
  68. Part 13 — SOLAR PANELS
  69. Part 14 — VEHICLE STORAGE
  70. Part 15 — PUBLIC TELEPHONES
  71. Part 16 — EMERGENCY SHELTERS
  72. Part 17 — MASSAGE ESTABLISHMENTS AND SERVICES
  73. Part 18 — MEDICAL AND ADULT CANNABIS CULTIVATION, MANUFACTURIN…
  74. Part 1 — GENERAL PROVISIONS
  75. Part 2 — DESIGN REVIEW
  76. Part 3 — ZONING CLEARANCE
  77. Part 4 — SIGN PERMIT
  78. Part 5 — TEMPORARY USE PERMIT
  79. Part 6 — ZONING CODE INTERPRETATION
  80. Part 7 — ADMINISTRATIVE ADJUSTMENT
  81. Part 8 — VARIANCE
  82. Part 9 — CONDITIONAL USE PERMIT
  83. Part 10 — HISTORIC DESIGNATION
  84. Part 11 — HISTORIC STRUCTURE WORK PERMIT
  85. Part 12 — HISTORIC STRUCTURE DEMOLITION PERMIT
  86. Part 13 — WIRELESS FACILITY ENCROACHMENT PERMIT
  87. Part 14 — SPECIFIC PLAN
  88. Part 15 — ZONING CODE TEXT AND ZONING MAP AMENDMENTS
  89. Part 16 — GENERAL PLAN TEXT AND MAP AMENDMENTS
  90. Part 17 — DEVELOPMENT AGREEMENT
  91. Part 18 — DOWNTOWN OVERLAY
  92. Part 19 — DEVELOPMENT PLAN (PLANNED DEVELOPMENT OVERLAY)
  93. Part 20 — REASONABLE ACCOMMODATION

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