Chico Municipal Code Ch. 8.30 Self-Service Displays of Tobacco Products or Tobacco Paraphernalia

This chapter is adopted pursuant to the municipal affairs provisions of the city charter for the purpose of prohibiting the use of self-service displays for the sale of tobacco products and tobacco paraphernalia.

(Ord. 2254)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

A. “Enforcement officer” means any city employee or agent authorized to enforce any provision of this code.

B. “Tobacco products” means any substance containing tobacco leaf, including but not limited to loose leaf tobacco, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.

C. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed or intended to facilitate the smoking or ingestion of tobacco products.

D. “Tobacco retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, any quantity of tobacco products or tobacco paraphernalia.

E. “Self-service display” means the open display of any tobacco products or tobacco paraphernalia in a rack, on a counter top or shelf, or by any other means accessible to the general public without the assistance of the retailer or employee of the retailer.

F. “Vending machine” means a machine, appliance, or other mechanical device operated by currency, token, debit card, or credit card and designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.

(Ord. 2254)

It is unlawful for any tobacco retailer to sell, permit to be sold, offer for sale, or display for sale any tobacco products or tobacco paraphernalia by means of a vending machine or self-service display.

(Ord. 2254)

All tobacco products and tobacco paraphernalia shall be offered exclusively by means of tobacco retailer assisted sales. All tobacco products and tobacco paraphernalia shall be stored in an enclosed, secure case or an enclosed area not accessible to the public, that requires employee assistance to retrieve the tobacco products or tobacco paraphernalia. The storage case or area shall remain inaccessible to the public at all times, regardless of the presence of tobacco retailer employees.

(Ord. 2254)

This chapter shall not apply to any tobacco retailer that primarily sells tobacco products or tobacco paraphernalia and derives half or more of the retailer’s income from such sales, if persons under the age of 18 years are prohibited from entering any part of the tobacco retailer’s premises unless accompanied by an adult.

(Ord. 2254)

A. The enforcement officer shall administer and enforce the provisions of this chapter.

B. Any citizen who has cause to believe that a violation of this chapter has occurred or is occurring may register a complaint with an enforcement officer.

C. Any tobacco retailer, including the owner, manager, or operator, shall inform all employees of the existence and content of this chapter.

(Ord. 2254)

A. Any person violating any provision of this chapter is guilty of an infraction. Each instance of causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a separate violation.

B. Each violation of this chapter is hereby declared to be a public nuisance and an unfair business practice.

C. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity to the city or any person aggrieved by a violation of this chapter.

(Ord. 2254)