Colton Municipal Code Ch. 9.22 Tobacco Sales Restrictions

The purpose and intent of this chapter is to discourage actions that promote the unlawful Sale of Tobacco Products to Minors, as well as the unlawful purchase or possession of Tobacco Products by Minors.

(Ord. 0-02-02 § 1 (part), 2002)

Unless otherwise indicated, the Following definitions Shall apply to all provisions of this chapter:

"Business" means any sole proprietorship, joint venture, corporation or other Business entity formed for profit making purposes, including retail Establishments where Goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other Professional Services are delivered.

"Minor" means any individual who is less than eighteen Years old.

"Retail Tobacco Store" means a retail store utilized primarily for the Sale of Tobacco Products and accessories and in which at least eighty percent of the square footage of the available retail floor and shelf space is devoted to the Sale of tobacco-related products and accessories.

"Self-Service Display" means an open display of Tobacco Products that the public has Access to without the intervention of an Employee.

"Tobacco Product" means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, smokeless tobacco, snuff, chewing tobacco, dipping tobacco or any other form of tobacco that May be utilized for Smoking, chewing or other manner of ingestion.

"Tobacco Retailer" means any Person that operates a store, stand, concession booth, or other place at which Sales of Tobacco Products are made to purchasers for consumption or Use.

"Tobacco 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 a Tobacco Product.

"Vendor-Assisted" means only a store or Tobacco Retailer Employee has Access to the Tobacco Product and assists the customer by supplying the Tobacco Product. The customer does not take possession of the Tobacco Product until it is purchased.

(Ord. 0-02-02 § 1 (part), 2002)

It is unlawful for any Person, Business or Tobacco Retailer, except for a Retail Tobacco Store, to sell, Permit to be sold, offer for Sale or display for Sale any Tobacco Product by means of Self-Service Display or by means other than Vendor-Assisted Sales.

(Ord. 0-02-02 § 1 (part), 2002)

It is unlawful for any Person, Business or Tobacco Retailer to sell any Tobacco Product to any individual who appears to be younger than twenty-six Years of age, without first verifying by means of photographic identification containing the bearer's date of birth, that the purchaser is at least eighteen Years old, unless the Person, Business or Tobacco Retailer has some other reliable basis for determining the purchaser's age.

(Ord. 0-02-02 § 1 (part), 2002)

No Person, Business or Tobacco Retailer Shall engage in the Sale of Tobacco Products without first posting a plainly visible Sign at the point of purchase of Tobacco Products which states: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED." The letters of the Sign Shall be at least one-quarter inch high.

(Ord. 0-02-02 § 1 (part), 2002)

It Shall be unlawful for any Person, Business or Tobacco Retailer to sell or offer for Sale Tobacco Products not in the original packaging provided by the manufacturer.

(Ord. 0-02-02 § 1 (part), 2002)

It Shall be unlawful for any Person, Business or Tobacco Retailer to locate, install, keep, maintain or Use, or Permit the location, installation, keeping, maintenance or Use of a Tobacco Vending Machine for purposes of selling or distributing any Tobacco Product.

(Ord. 0-02-02 § 1 (part), 2002)

A. Any Person, Business or Tobacco Retailer required to make modifications to its Business Premises in order to comply with this chapter Must comply within sixty calendar Days of the effective date of this chapter.

B. Any Person, Business or Tobacco Retailer May apply to the City for a reasonable extension of time within which to comply with this chapter, provided that the Application for extension is submitted on or before the last Day of the sixty Day compliance period.

C. An extension of time within which to comply with this chapter May be granted only for good cause for a maximum of six Months from the effective date of this chapter. A good cause means the extension is necessary to prevent the Business from suffering unreasonable financial Hardship or to prevent unreasonable disruption in Business operations.

(Ord. 0-02-02 § 1 (part), 2002)

Any Person, Business or Tobacco Retailer violating any of the provisions of this chapter is guilty of a misdemeanor and Shall be punishable therefor by a fine of not more than one thousand dollars, or by imprisonment for a period of not more than six Months, or by both such fine and imprisonment and Shall be subject to administrative fines and penalties pursuant to Chapter 8.12 of this Code.

(Ord. 0-02-02 § 1 (part), 2002)