Citrus Heights Municipal Code Div. 3 Tobacco Products

(a) The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.

(b) Harvard University and the National Institute on Drug Abuse have reported that the nicotine in tobacco is a powerful, habit-forming drug that leads to compulsive use, and produces strong withdrawal symptoms. The U.S. Public Health Service has described nicotine addiction as the most widespread example of drug dependence in our country.

(c) Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day. Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as 11 years of age have experienced little or no difficulty in purchasing tobacco products.

(d) The purpose of this division is to reduce the likelihood of minors obtaining tobacco products in the city, by regulation of the potential sources thereof without unduly interfering with permitted transactions or prohibiting tobacco vending machines. This division enables affected persons to determine for themselves the methods they will employ to achieve compliance with this division.

(Ord. No. 97-01, § 2(6.86.010), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Distribute means to sell, give away, or in any way furnish as part of a commercial transaction, including by means of direct retail sale, vending machine sale, or promotional free distribution.

Tobacco product means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.

Tobacco vending machine means any electronic or mechanical device, the operation of which depends upon the insertion of money, in coin or paper bill, or other thing representative of value, which dispenses or vends a tobacco product.

Tobacco vending machine owner means any person who has an ownership or leasehold interest in a tobacco vending machine and who installs or places, or causes to be installed or placed, such tobacco vending machine on any premises for the purpose of distributing a tobacco product therefrom.

(Ord. No. 97-01, § 2(6.86.020—6.86.060), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

Cross reference— Definitions generally, § 1-2.

Any person, including a tobacco vending machine owner, who distributes a tobacco product to a minor who is in fact under the age of 21 years, whether or not the fact of such minority was known to such person at the time of distribution, is guilty of an infraction.

(Ord. No. 97-01, § 2(6.86.070), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

Any person who authorizes the installation or placement of a tobacco vending machine upon premises which the person manages or otherwise controls and who permits or suffers, knowingly or unknowingly, any tobacco product to be distributed from such vending machine to a minor under the age of 21 years is guilty of an infraction.

(Ord. No. 97-01, § 2(6.86.080), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

For the purpose of preventing the violation of section 54-283 or 54-284, any person may refuse to distribute a tobacco product to a person who is unable to produce adequate written evidence that he or she is over the age of 21 years.

(Ord. No. 97-01, § 2(6.86.090), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

Proof that a defendant, or his or her employee or agent, demanded, was shown, and reasonably relied upon evidence of majority shall be defense to any action brought pursuant to this division. Evidence of majority of a person is a facsimile of or a reasonable likeness of a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act, or an identification card issued to a member of the armed forces.

(Ord. No. 97-01, § 2(6.86.100), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

State Law reference— Similar provisions, Penal Code § 308(a).

It shall be unlawful and an infraction for any minor under the age of 21 years to purchase a tobacco product within the city.

(Ord. No. 97-01, § 2(6.86.110), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)

(a) Every person who distributes tobacco products within the city shall post conspicuously and keep so posted in each place of business from which tobacco products are distributed a sign in letters at least one inch high which states as follows:

It is unlawful to distribute tobacco products to a minor under the age of 21 years.

It is unlawful for a minor under the age of 21 years to purchase tobacco products.

Citrus Heights Code Sections 54-283, 54-284, 54-287

(b) Every tobacco vending machine owner shall affix and keep affixed to the front of each tobacco vending machine within the city a sign as described in subsection (a) of this section.

(Ord. No. 97-01, § 2(6.86.120), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997; Ord. No. 2021-004, § 1, 10-14-2021)