Ceres Municipal Code Ch. 10 Tobacco and Smoke Shop Restrictions

The City Council hereby finds and determines that the adoption of this chapter is necessary to promote public health, safety and welfare. The reasons set forth below provide a separate and independent basis for the council's adoption.

A. Substantial scientific evidence supports the causal relationship between using tobacco products and deadly diseases such as lung cancer, chronic bronchitis, heart disease, emphysema, and other types of cancer. The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country.

B. The Centers for Disease Control and Prevention (CDC) reports that cigarette smoking is responsible for more than 480,000 deaths per year in the United States, including more than 41,000 deaths resulting from secondhand smoke exposure.

C. The California Department of Public Health (CDPH) Tobacco Control program report of 2023 indicates that 21.6 percent of California high schoolers have used tobacco with vapes being the most common among high school students at 18.3 percent and current use at 5.9 percent. For Stanislaus County 24.8 percent of high school students have used tobacco with 7.9 percent current use. (CDPH Survey 2023)

D. The compelling purpose and intent of this chapter includes:

1. To prevent young people from using nicotine until they are mature and capable of making an informed and rational decision.

2. To reduce significantly the ability of young people from illegally obtaining tobacco products by banning the retail sale of flavored tobacco products, electronic smoking devices and related paraphernalia.

3. To reduce youth exposure to tobacco products at point of sale in grocery stores, pharmacies, convenience stores and gas stations, as well as exposure to tobacco store advertising, near youth-gathering places such as public schools, parks and recreation facilities.

4. To reduce the ability of young people to possess e-cigarettes in public parks or other public places where youth gather, as that may influence other youth to try such tobacco products.

5. To promote generally the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products.

(Ord. No. 2025-1091, § 1, 9-8-2025)

For the purposes of this chapter, the following terms shall be defined as set forth herein:

Arms length transaction means a sale in good faith and for valuable consideration that reflects the fair market value 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 violations of this chapter is not an arm's length transaction.

Characterizing flavor means 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 byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.

Cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco weighing more than three pounds per thousand.

Cigarette means:

1. Any roll of tobacco wrapped in paper or in any substance not containing tobacco; and

2. Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described herein.

Consumer means a person who purchases or intends to purchase a tobacco product or tobacco paraphernalia for consumption or use and not for sale to another.

Coupon means any voucher, rebate card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

Deliver means to commercially transfer tobacco products or tobacco paraphernalia to a consumer at a location not permitted under this chapter.

Distribution means to give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.

E-cigarette or electronic cigarette means an activated or functioning device, whether an electronic device as defined by California Health and Safety Code section 104495 or a similar device, including, but not limited to a device intended to emulate smoking, which permits a person to inhale vapors, vaporized liquids or mists that may or may not include nicotine.

Electronic smoking device means 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. See California Health and Safety Code section 104495.

Flavored tobacco product means any tobacco product that imparts a characterizing flavor.

Full retail price means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

Labeling means written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.

Little cigar means any rolled tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. "Little cigar" includes but is not limited to tobacco products known or labeled as small cigar, little cigar or cigarillo.

Manufacturer means any person, including any re-packer or re-labeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.

Package or packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.

Person shall mean any natural person, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group or combination of the above acting as a unit, or other legal entity, except for however the United States of America, the state of California, and any political subdivision or unit thereof.

Proprietor means a person with an ownership interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt.

Sale or sell or sold means any transfer, exchange, barter, gift, sale, distribution for a commercial purpose, or offer of any of the foregoing, in any manner or means whatsoever.

Smoke or smoking means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. (California Health and Safety Code section 104495)

Tobacco accessories means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.

Tobacco paraphernalia means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See California Business and Professions Code Section 22962)

Tobacco products means 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, snuff, and blunt wraps.

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

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

4. Exception. "Tobacco product" does not include drugs, devices or combination of products 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 the product is marketed and sold solely for such an approved purpose. (See California Business and Professions Code Section 22950.5)

Tobacco products sample means a tobacco product and/or tobacco accessories distributed to members of the general public at no cost or at a nominal cost for product promotional purposes.

Tobacco retailer means any person who sells tobacco products and tobacco paraphernalia on a retail basis (but not in the quantity that qualifies the business as a tobacco store) in addition to other products and services being offered by the business.

Tobacco retailer permit or permit means the certification issued by the department which allows a location to sell tobacco products and tobacco paraphernalia on a retail basis.

Tobacco store or smoke shop means any person which primarily sells tobacco products generates more than 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia; does not permit any person under 18 to enter unless with a parent or guardian; and does not sell alcoholic beverages or food for consumption on the premises. (See California Business and Professions Code section 22962)

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product. This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco product, packages of flared tobacco product, or any combination thereof, possesses such flavored tobacco product with intent to sell or offer for sale.

C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, tobacco store, manufacturer, or their agents or employees:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor.

2. Used text and/or images on the tobacco products labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or

3. Action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

(Ord. No. 2025-1091, § 1, 9-8-2025)

Wholesalers and distributors may sell flavored tobacco products to other wholesalers, distributors and retailers.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. It shall be unlawful for any tobacco retailer, tobacco store or their agents or employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia, which includes, but is not limited to; cartridges, cartomizers, e-liquid (i.e. any liquid or substance that can be used by an electronic smoking device), smoke juice, tips, atomizers, electronic smoking device batteries and chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. This prohibition is applicable citywide.

B. There shall be a rebuttable presumption that a tobacco retailer or tobacco store in possession of four or more electronic smoking devices or related paraphernalia possesses such electronic smoking devices and related paraphernalia with intent to sell or offer for sale.

(Ord. No. 2025-1091, § 1, 9-8-2025)

Wholesalers and distributors may sell electronic smoking devices and related paraphernalia to other wholesalers, distributors and retailers.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Packaging and labeling. No tobacco retailer or tobacco store may sell any tobacco product to any consumer unless such product:

1. Is sold in the original manufacturer's packaging intended for sale to consumers; and

2. Conforms to all applicable federal labeling requirements.

B. Display of price. The price of each tobacco product offered for sale must be clearly and conspicuously displayed to indicate the price of the product.

C. Prohibition of tobacco product coupons and discounts. No tobacco retailer or tobacco store may:

1. Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

2. Sell any tobacco product to a consumer through a multi-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for purchase of any tobacco product or any other item; or

3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

D. Minimum package size for little cigars. No tobacco retailer or tobacco store may sell to a consumer any little cigar unless it is sold in a package of at least 20 little cigars.

E. Minimum package sizes and prices for cigarettes, little cigars, and cigars. No tobacco retailer or tobacco store may sell to a consumer:

1. Cigarettes at a price that is less than $8.00 per package of 20 cigarettes, plus sales tax:

2. Little cigars at a price less than $8.00 per package of 20 little cigars, plus sales tax;

3. Cigars at a price that is less than $8.00 per package of five cigars, plus sales tax; or

4. An individual cigar at a price that is less than $7.00 for an individual cigar, plus sales tax.

F. Consumer price index adjustment. The minimum prices in subsection E above, shall be adjusted July 1 of each year beginning 2026 based on consumer price index for all urban users for all items for Central Valley statistical area as reported by the U.S. Bureau of Labor Statistics or successor index.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Tobacco retailer permit required. It is unlawful for any person to act as a tobacco retailer, tobacco store or smoke shop in the city without first obtaining and maintaining a valid tobacco retailer permit under this chapter for each location at which the sale of tobacco products or tobacco paraphernalia on a retail basis is to occur. The sale of tobacco products or tobacco paraphernalia on a retail basis without a valid permit constitutes a nuisance as a matter of law unless such business is operating under a City conditional use permit.

B. Lawful business operation. It is a violation of this chapter for any person to violate any local, state or federal law applicable to tobacco retailing.

C. Display of tobacco retailer permit. Each tobacco store or smoke shop shall prominently display its tobacco retailer permit in a publicly visible area at the permitted location.

D. Positive identification required. No tobacco retailer, tobacco store or smoke shop may sell a tobacco product or tobacco paraphernalia to a person who is under the age of 30 years without first examining the identification of the consumer to confirm that the consumer is at least the minimum age for sale of tobacco products as established by state and federal law.

E. On-site sales. All sales of tobacco products and tobacco paraphernalia to consumers must be conducted in person at the permitted location. It is a violation of this chapter for any tobacco retailer, tobacco store or any agents or employees to:

1. Deliver tobacco products or tobacco paraphernalia.

2. Knowingly or recklessly sell a tobacco product or tobacco paraphernalia to any person that intends to deliver such tobacco products or tobacco paraphernalia to a consumer in the city.

3. Sell a tobacco product or tobacco paraphernalia at a non-fixed location, including, but not limited to, tobacco retailing by persons on foot or from vehicles.

F. False and misleading advertising prohibited. A tobacco retailer or tobacco store without a valid permit, including, for example, a person whose permit has been suspended or revoked:

1. Must keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products and tobacco paraphernalia in violation of this provision constitutes tobacco retailing without permit in violation of section 6.10.060; and

2. Must not display any advertisement related to tobacco products and tobacco paraphernalia that promotes the sale of such products from the tobacco retailer or tobacco store's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

G. Limited, conditional privilege. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a permit any status or right other than the limited conditional privilege to act as a tobacco retailer or tobacco store at the location in the city identified on the face of the permit.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Application for a tobacco retailer permit must be submitted in the name of each person proposing to conduct sales of tobacco products or tobacco paraphernalia and each person or an authorized agent thereof shall furnish to the business license division a sworn statement setting forth the information in this section.

B. It is the responsibility of each person to be informed of all laws applicable to tobacco retailing.

C. No person may rely on the issuance of a permit as a determination by the city that the person is in compliance with all laws related to its operation. A permit issued contrary to this chapter or any other law, or on the basis of false or misleading information supplied by an applicant, shall be revoked under section 6.10.170 of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a permit any status or right to act as a tobacco retailer or tobacco store in contravention of any provision of law.

D. All applications must be submitted on a form supplied by the business license division and must contain the following information:

1. The name, address and telephone number of each proprietor of the business seeking a permit;

2. The business name, address, and telephone number of the single fixed location for which a permit is sought;

3. An address for receipt of legal notice;

4. Proof that the location for which a permit is sought conforms with applicable zoning;

5. Proof that the location for which a permit is sought has been issued a valid California cigarette and tobacco products retailers permit for the sale of tobacco products, if the tobacco retailer or tobacco store sells products that require such permit; (Cal Department of Tax and Fee Administration - AB71 C890 S2003)

6. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years; and

7. Such other information as the business license division deems appropriate for the administration or enforcement of this chapter.

E. A permitted tobacco retailer or tobacco store must inform the business license division and Police Department in writing of any change in the information submitted on an application for a permit within ten business days of said change.

F. Tobacco store or smoke shop shall comply with current zoning regulations and not be within 1,000 feet from any public or private elementary school, middle school, or high school or any public park or recreation center.

G. No specialty tobacco store or smoke shop shall be permitted to be located within 1,000 feet of an existing specialty tobacco retailer or smoke shop.

H. Specialty tobacco retailers and smoke shops may operate from 7:00 a.m. to 11:00 p.m.

(Ord. No. 2025-1091, § 1, 9-8-2025)

After receipt of a complete application for a tobacco retailer permit and the permit fee required by this chapter, the Business License Division and Police Department, after consultation with the Community Development Department, shall issue a permit within 30 days unless substantial evidence demonstrates that one or more of the following bases for denial exists:

A. The application is incomplete or inaccurate;

B. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension or revocation is in effect under section 6.10.170 of this chapter;

C. The application seeks authorization for tobacco retailing for a person to whom this chapter prohibits a permit to be issued; or

D. The application seeks authorization for tobacco retailing at a location that is in violation of applicable city zoning under title 18 of this code, or is in violation of any other local, state, or federal law.

E. The applicant has had their permit suspended or revoked in another city or county.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Renewal of tobacco retailer permit. A tobacco retailer permit is invalid if the permit fee has not been timely paid in full or if the permit term has expired. The term of a permit is one year from January 1 to December 31 of each calendar year. Each tobacco retailer and tobacco store must apply for the renewal of their permit and submit the permit fee as required by the Business License Division and Police Department.

B. Expiration of tobacco retailer permit. A permit that is not timely renewed shall expire at the end of its term. To renew a permit that was not timely renewed under subsection "A" above, the renewal applicant must:

1. Submit the permit fee and renewal application form; and

2. Submit a signed affidavit affirming the proprietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed.

C. If the proprietor has engaged in tobacco retailing during a period in which its permit is invalid, a permit may only be re-issued to eligible applicants following the applicable periods set forth in section 6.10.160.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. The fee is $550.00 to issue, or $450.00 to renew, a tobacco retailer permit. The fee shall be adjusted July 1 of each year beginning in 2026 based on consumer price index for all urban users for all items for the Central Valley statistical area as reported by the U.S. Bureau of Labor Statistics or successor index.

B. For failure to pay the fee when due, the city shall add a penalty of: (1) 25 percent of said fee on the first day of February; and (2) 50 percent (non-cumulative) of said fee on the first day of March. When the first day of the month falls on a day when City Hall is closed, payment of the fee due may be made on the next business working day without penalty.

C. Any permit issued pursuant to this title may be suspended by the city upon the failure of the tobacco retailer to pay any charges imposed by this title within 60 days after such charges or reports become delinquent.

D. No permit shall be issued, nor one which has been suspended or revoked shall be reinstated or reissued, to any person, who at the time of applying therefor, is indebted to the city for any delinquent permit, unless such person, with the consent of the city, enters into a written agreement with the city, to pay such delinquent taxes, plus five percent simple annual interest upon the unpaid balance, in monthly installments, or oftener, extending over a period not to exceed one year (12 months).

E. In any agreement so entered into, such person shall acknowledge the obligation owed to the city and agree that, in the event of failure to make timely payment of any installment, the whole amount unpaid shall become immediately due and payable and that his or her current permit shall be revocable by the city and/or Police Department upon a 30-day notice.

F. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including a reasonable attorneys fee. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this section, but no penalties shall accrue on account of fees included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time a such person shall not be in breach of the agreement.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. A tobacco retailer permit may not be transferred from one person to another or from one location to another. A new permit is required if a tobacco retailing location has a change in proprietor, or a person issued a permit changes a business location for tobacco retailing.

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:

1. The location has been transferred to new proprietor in an arm's length transaction; and

2. The new proprietor provides the city with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm's length transaction.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Compliance with this chapter shall be monitored by the Police Department. Any peace officer may enforce the provisions of this chapter. The City Manager may designate additional persons to monitor compliance with this chapter.

B. A minimum of two compliance visits to each tobacco retailer permit location may occur each year.

C. Nothing in this section creates a right of action in any permittee or other person against the city or its agents.

D. Any and all investigating officials of the city shall have the right to enter a tobacco retailer or tobacco store's business location from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, to observe and enforce compliance with state or federal law, provisions of this chapter, and provisions of the municipal code. (AB935)

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Security plan required. Smoke shop operators/applicants shall submit a security plan consistent with California State laws and this municipal code regarding the sales of tobacco. Prior to the approval of the smoke shop permit, the applicant shall prepare and submit, for review by the Ceres Police Department Chief of Police or their designee, a security plan for approval. Approval of the security plan by the Chief of Police or their designee shall not be unreasonably denied.

B. The content of the security plan shall be incorporated as conditions of approval for the smoke shop permit. As a part of the annual inspection process, the security plan shall be resubmitted for approval by the Chief of Police or their designee.

C. Additional security measures such as reduced hours of operations, security guards, door monitors, and burglar alarm systems may be required if harm, nuisance, or related problems are demonstrated to occur as a result of business practices or operations. This will be determined on a case-by-case basis upon review by the Police Department.

D. Video surveillance. Smoke shops must maintain a fully functional color digital video camera system meeting the following requirements:

1. Security surveillance cameras and a video recording system shall be installed to monitor the interior, main entrance, all entries and exits (from both the inside and outside of the building), and the exterior smoke shop area to discourage loitering, crime, and illegal or nuisance activities.

2. The camera and recording system must be of adequate quality (at least HD), color rendition, and resolution to allow the identification of any individual present in the smoke shop area.

3. At each point-of-sale location, camera coverage must enable recording of the customer(s) and employee(s) facial features with sufficient clarity to determine identity.

4. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s) using such software as designated by the Chief of Police. The smoke shop operator shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City's software and hardware.

5. All surveillance equipment, records, and recordings must be stored in a secure area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.

6. Video from the security surveillance system camera shall be maintained for a period of not less than 45 days and shall be made available to the City upon request.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. It is a violation of this chapter to do any of the following:

1. Conduct tobacco retailing without permit;

2. Conduct tobacco retailing at a location that is not permitted;

3. Conduct tobacco retailing at a location that is not fixed;

4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the city to a customer at a different location in the city;

5. Fail to fulfill the permittee obligations set forth in section 6.10.080;

6. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product prohibited by section 6.10.030;

7. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia device prohibited by section 6.10.060;

8. Sell or offer for sale tobacco products which do not meet the minimum package sizes and prices in section 6.10.070;

9. Honor coupons or provide discounts to allow a consumer to purchase a tobacco product for less than full retail price as set forth in section 6.10.070;

10. Violate any local, state or federal law applicable to tobacco products, tobacco paraphernalia or tobacco retailing.

B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and exclusive.

D. Violations of this chapter are hereby declared to be public nuisances.

E. No monetary fines under the municipal code are to be assessed on employees of the permittee for such employee's violations of this chapter. Violations of this chapter are subject to tobacco retailer fine, permit suspension or revocation as provided in section 6.10.170.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. In addition to any other penalty authorized by law, if the city finds or a court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer permit, either directly or through the person's agents or employees, the person shall be ineligible to receive a permit as follows:

1. Upon a first violation of this section at a location within any five-year period, no new permit may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until 30 days have passed from the date of the violation.

2. Upon a second violation of this section at a location within any five-year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until one year has passed from the date of the violation.

3. Upon a third or subsequent violation of this section at a location within any five-year period, no new permit may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction).

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Fine, suspension or revocation of tobacco retailer permit for violation. In addition to any other penalty authorized by law, a tobacco retailer permit shall be fined, suspended or revoked if the city finds or a court of competent jurisdiction determines, after the permittee is afforded notice and an opportunity to be heard, that the permittee, or any of the permittee's agents or employees, has violated any provision of this chapter.

1. Upon a finding of a first violation of this chapter at a location within any five-year period, the business shall be fined $500.00 for the first violation.

2. Upon a finding of a second violation for this chapter at a location within any five-year period, the permit shall be suspended for 30 days or fined by the Police Department in the amount of $1,000.00.

3. Upon a finding of three or more violations of this chapter at a location within any five-year period, the permit shall be revoked.

4. Upon a finding of any illegal activity such as gambling, illegal sales of controlled substance or incidents outside of any tobacco related issues shall have permit revoked.

B. Revocation of tobacco retailer permit wrongly issued. A permit shall be revoked if the Police Department finds, after the permittee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a permit under section 6.7.100 existed at any time before the permit was issued. Such a revocation shall be without prejudice to the filing of a new permit application.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Whenever the Police Department and/or Community Development Department denies an application for a permit or permit renewal, the designated department shall issue a written notice of denial sent by either regular mail to the applicant's address for notice listed on the permit application, or by personal delivery. The notice must include:

1. The reason for denial;

2. A statement that the applicant may request a hearing on the denial of a permit by submitting a hearing request, writing, to the City Clerk within ten calendar days of the date of the notice; and

3. A statement that the failure to request a hearing on the notice of denial will constitute a waiver of all hearing and appeal rights, and the denial of the permit will be final.

B. Whenever the city determines that a person has violated any provision of this chapter, the Police and/or designee shall send a written notice of the violation to the person by personal service or regular mail to the person's address for notice listed on the permit application, if the person is a permit holder, otherwise send to the location at which the violation occurred. The notice of violation may be combined with the notice of suspension or revocation below.

C. Whenever the Police Department or designee determines that grounds for suspension or revocation exits, it shall send a written notice of the suspension or revocation to the permit holder by personal service or by regular mail with proof of service, to the permit holder's address listed for notice in the permit application. The notice must include:

1. A statement that the permit holder's permit is being suspended or revoked under this chapter.

2. The code section(s) violated, or applicable state or federal law violated, and a brief description of the violation(s).

3. The address or other description of the location where the violation(s) occurred.

4. The date of the applicable violation(s).

5. The time period of the suspension or revocation.

6. A statement that the permit holder may request a hearing on the suspension or revocation by submitting a hearing request in writing, to the City Clerk within ten calendar days of the date of the notice.

7. A statement that the failure to request a hearing on the notice of suspension or revocation will constitute a waiver of all hearing and appeal rights and the suspension or revocation will be final.

D. Service of notice shall be deemed complete at the time of personal service or the time the notice is deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceeding hereunder.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. Requesting for hearing. Any recipient of a notice of denial for an application for a permit; denial of a renewal of a permit; or violation of this chapter described in section 6.7.230 (A "notice") may contest the determination described in the notice by completing a request for hearing form and returning it to the City Clerk within ten days from the date of the notice. The request for hearing shall include a statement of the specific action protested, together with any facts claimed to support the protest, as well as a statement of relief sought. If such a timely request for hearing is made, it shall stay enforcement of the contested notice. If the request for hearing is found not timely or incomplete by the City Clerk, the City Clerk shall provide a written response to the requestor rejecting the hearing request.

B. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten days prior to the date of the hearing. Written notice of the time and place for the hearing shall be provided in person or by mailing a copy thereof, postage prepaid, to the mailing address provided in the request for hearing form. Service shall be deemed to be complete at the time notice is personally served or deposited in the mail. The failure of any person to receive notice of hearing shall not affect the validity of any proceedings under this chapter.

C. If the Police Department or designee submits an additional written report concerning the notice to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five days prior to the date of the hearing.

D. The failure of any person to file a request for hearing in accordance with this section shall constitute waiver of that person's rights to administrative determination of the merits of the notice and any penalties assessed.

E. Hearing officer. The City Manager shall designate the hearing officer.

F. Hearing procedure.

1. A hearing before the hearing officer shall be set for a date that is not less than ten business days and not more than 30 calendar days from the date that the request for hearing is filed in accordance with the provisions of this chapter, unless otherwise agreed to by the Police Department and person requesting the hearing.

2. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Oral evidence shall be taken only upon oath or affirmation. The Police Department and the person requesting the hearing shall have the right to call witnesses, introduce documentary and physical evidence.

3. The failure of the person requesting the hearing to appear at the hearing shall constitute a forfeiture of the hearing and failure to exhaust administrative remedies.

4. The notice and any additional report or information submitted by the Police Department shall constitute prima facie evidence of the respective facts contained in those documents and records.

5. The hearing officer may continue the hearing and request additional information from the Police Department or the person requesting the hearing prior to issuing a written decision.

G. Hearing officer's decision.

1. After considering all of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the action described in the notice and shall list in the decision the reasons for that decision.

2. If the hearing officer determines that the action described in the notice should be upheld, the hearing officer set forth a written decision including the applicable penalty as set forth in section 6.7.220.

3. The person requesting the hearing shall be served with a copy of the hearing officer's written decision. The decision shall include a statement that the person requesting the hearing may request an appeal of the hearing officer's decision by submitting an appeal request, in writing, to the City Clerk within ten calendar days of the date of the hearing officer's decision; failure to request an appeal will constitute a waiver of all appeal rights, and the decision of the hearing officer will be final.

4. The employment, performance evaluation, compensation and benefits of the hearing officer shall not be directly or indirectly conditioned upon the amount of fines or penalties upheld by the hearing officer.

H. Appeal to the City Manager.

1. After receipt of the hearing officer's written decision, the person requesting the hearing may appeal by sending a written appeal request to the City Clerk within ten days from the date of the hearing officer's decision.

2. The appeal request should include facts that may justify rescinding the hearing officer's decision. If such an appeal request is timely made, it shall stay enforcement of the appealed hearing officer's decision. The City Clerk will forward the appeal request and supporting documents concerning the original notice and request for hearing to the City Manager.

3. The City Manager will review all information and determine if the hearing officer's decision will stand.

4. The City Manager, at his or her discretion, may hold a public hearing on the matter and accept oral and written testimony.

5. The person requesting the hearing will be notified in writing of the City Manager's decision concerning the appeal within 30 days after sending the written appeal request.

6. The decision of the City Manager shall be final.

I. Judicial review.

1. Judicial review of the City Manager's decision and any penalties imposed under this chapter shall be taken under California Government Code section 53069.4(b) and commenced within 20 days of the date of service of the decision.

a. Cal Code section 53069(b)(1) Notwithstanding section 1094.5 or 1094.6 of the Code of Civil Procedure, within 20 days after service of the final administrative order or decision of the local agency is made pursuant to an ordinance enacted in accordance with this section regarding the imposition, enforcement, or collection of the administrative fines or penalties, a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency's file in the case shall be received in evidence. A proceeding under this subdivision is a limited civil case. A copy of the document or instrument of the local agency providing notice of the violation and imposition of the administrative fine or penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. A copy of the notice of appeal shall be served in person or by first-class mail upon the local agency by the contestant.

b. The fee for filing the notice of appeal shall be as specified in section 70615. The court shall request that the local agency's file on the case be forwarded to the court, to be received within 15 days of the request. The court shall retain the fee specified in section 70615 regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the local agency in accordance with the judgment of the court.

c. The conduct of the appeal under this section is a subordinate judicial duty that may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court.

d. If no notice of appeal of the local agency's final administrative order or decision is filed within the period set forth in this section, the order or decision shall be deemed confirmed.

e. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the local agency may proceed to collect the penalty pursuant to the procedures set forth in its ordinance.

(Ord. No. 2025-1091, § 1, 9-8-2025)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. The Police Department, Hearing Officer, or City Manager shall suspend or revoke a permit for a violation of this chapter as set forth in section 6.7.220.

1. A violation of this chapter may be documented by an administrative citation issued by a police officer, community services officer, code enforcement officer of the Police Department.

2. A copy of the administrative citation may be provided to the person violating this chapter and another copy provided to the Police Department for it to commence enforcement as provided in the section 6.7.400.

(Ord. No. 2025-1091, § 1, 9-8-2025)

Tobacco stores may have self-service displays of tobacco products only when in compliance with the Stop Tobacco Access to Kids Enforcement Act (STAKE) in California Business and Professions Code sections 22950—22963 and other applicable federal and state laws.

(Ord. No. 2025-1091, § 1, 9-8-2025)