Camarillo Municipal Code Ch. 9.36 Regulation of the Sale of Tobacco Products and Electronic Smoking…

Footnotes:

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Editor's note— Ord. No. 1129, § 4(Exh. B), adopted Sept. 28, 2016, amended chapter 9.36 in its entirety to read as herein set out. Former chapter 9.36, §§ 9.36.010—9.36.050, pertained to similar subject matter, and derived from Ord. No. 1101, § 3(Exh. A), 1-28-2015.

For the purpose of the provisions of this chapter, the following words and phrases have the meanings set forth below:

A. "Business" means any sole proprietorship, joint venture, corporation or other legal entity formed for profit-making purposes, including, but not limited to, retail establishments where goods or services are sold.

B. "Electronic smoking device" means an electronic or battery operated device that delivers vapors for inhalation. This term includes every variation and type of such devices whether they are 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. "Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.

D. "Electronic smoking device product" means any form or concentration of nicotine, synthetically produced nicotine, or any other product that is used in an electronic smoking device to produce smoke.

E. "Electronic smoking device retailer" means any person or legal entity operating a business at which electronic smoking devices and/or electronic smoking device products are offered for sale.

F. "Employee" means any person who is employed in any capacity by a business which offers for sale any tobacco product, including but not limited to, any person who volunteers his or her services for a non-profit entity which offers for sale any tobacco product.

G. "Person" means a natural person or any legal entity.

H. "Self-service display" means any open display of any type of smoking products and paraphernalia that the public has access to without the assistance or intervention of an employee.

I. "Smoke" means the gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, including from an electronic smoking device, when the purpose of the combustion, electrical ignition or vaporization is human inhalation of the gases, particles or vapors. Smoke does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense, that does not contain any tobacco or nicotine or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating, treating or preventing disease.

J. "Smoking" means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, an operating electronic smoking device, or any other act of smoking as defined in Section 22950.5(c) of the Business & Professions Code.

K. "Smoking lounge" means a business established for the purpose of providing customers with a place to purchase and smoke any form of tobacco or electronic smoking device product and/or purchase smoking products and paraphernalia and which generates at least ninety percent of its revenues from the sale of smoking products and paraphernalia.

L. "Smoking products and paraphernalia" means electronic smoking device, electronic smoking device paraphernalia, electronic smoking device product, tobacco paraphernalia, and tobacco product.

M. "Smoking products and paraphernalia retailer" means any person or legal entity operating a business at which smoking products and paraphernalia are offered for sale.

N. "Smoking products and paraphernalia 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 currency, or other things representative of value, which dispenses or releases smoking products and paraphernalia.

O. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, cigarette rolling machines, any other item designed for the consumption or preparation of tobacco products, or any other item as defined in Section 22962(a)(2) of the Business and Professions Code.

P. "Tobacco product" has the meaning set forth Section 22950.5(d)(1) of the Business and Professions Code, and includes any of the following:

(1) A 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, or snuff.

(2) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(3) Any component, part, or accessory of a tobacco product, whether or not sold separately.

Q. "Vendor-assisted" means that only an employee of a smoking products and paraphernalia retailer has access to smoking products and paraphernalia and assists a customer by supplying the smoking products and paraphernalia, and the customer does not take possession of the smoking products and paraphernalia until it is purchased.

(Ord. No. 1129, § 4(Exh. B), 9-28-2016)

A. Signage. No person may engage in the sale of any smoking products and paraphernalia without first posting and permanently maintaining a plainly visible sign at the point-of-sale of smoking products and paraphernalia which must contain the following words with initial letters capitalized in the following manner:

The Sale of Tobacco Products or Electronic Smoking Devices to Persons Under 21 Years of Age is Prohibited by Law and Subject to Penalties. Valid Identification May Be Required. To Report an Unlawful Tobacco Sale Call 1-800-5ASK-4-ID. Business and Professions Code Section 22952.

The sign must be square in shape and no smaller than 5.5 inches high by 5.5 inches wide (30.25 square inches) or be rectangular in shape and no smaller the 3.66 inches high by 8.5 inches wide (31.11 square inches). A sign may be larger; however, the sign must be proportionate to one set of the dimensions. The sign must be printed in ink that is of high contrast from the color of the background material. The size, typeface and weight of the lettering must be in conformance with California Code of Regulations Title 17, Section 6902.

Signs may be available from the Tobacco Education Clearing House of California at www.tobaccofreecatalog.org.

B. Identification. No person or employee may sell, offer to sell, permit to be sold, give, or in any way furnish any smoking products and paraphernalia to any person who appears to be under 27 years of age, without first verifying by means of photographic identification containing the person's date of birth that the person is not under 21 years of age, except where the person is at least 18 years of age and presents a valid, unexpired, photographic identification issued by the United States Armed Forces that indicates the person's proof of age and military status.

C. Packaging. No person or employee may sell, offer to sell or permit to be sold, any smoking products and paraphernalia not in the original packaging provided by the manufacturer and with all required health warnings.

D. Self-Service Display. No person or employee may sell, offer for sale or display for sale, give, or in any way furnish any smoking products and paraphernalia by means of a self-service display or by any means other than vendor-assisted sales.

E. Smoking. No vendor may allow an employee or any other person to smoke or otherwise sample a tobacco product or electronic smoking device product prior to purchase, unless the vendor's place of business is a legally permitted smoking lounge, and the smoking of the tobacco or electronic smoking device product is allowed under state or federal law.

F. Machines. No business or other commercial retail or wholesale outlet, may locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his or her or its premises of, any smoking products and paraphernalia vending machine for the purpose of selling or distributing any smoking products and paraphernalia.

(Ord. No. 1129, § 4(Exh. B), 9-28-2016)

No person may discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this chapter.

No person may intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against any employee because such employee seeks to attain compliance with the provisions of this chapter.

(Ord. No. 1129, § 4(Exh. B), 9-28-2016)

This chapter will not be interpreted or construed to permit smoking products and paraphernalia vending machines and/or distribution of smoking products and paraphernalia product samples where they are otherwise restricted by other applicable laws. This chapter will not be construed to be in conflict with any laws and/or regulations imposed by the state or federal government.

(Ord. No. 1129, § 4(Exh. B), 9-28-2016)

Any violation of the provisions of this chapter will be deemed to be a misdemeanor and punishable as such. Each day a violation of any provision of this chapter will continue is to be a new and separate violation.

(Ord. No. 1129, § 4(Exh. B), 9-28-2016)