Compton Municipal Code Ch. 7 Police Regulations

[Ord. #1755, § 1]

a. Duty to Post. Any person or entity who owns, operates, manages, leases or rents a premises offering for sale or dispensing for consideration to the public alcohol beverages, including beer and wine, shall cause a sign or notice to be posted or displayed on the premises as provided in this section. The sign or notice shall comply with the readability requirements specified herein and shall read substantially as follows: "WARNING: DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS." In no event shall a sign as required herein be smaller than eight inches wide and eight inches long, nor shall any lettering therein be less than one inch in height.

b. Placement. A sign or notice required by Paragraph a above shall be placed as follows:

1. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is readable from all locations at which said sale or dispensing occur.

2. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided through over-the-counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public.

3. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided for consumption on the premises by the public at tables served by food or beverage persons, at least one sign shall be placed to assure it is readable by the public entering the premises; provided however that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices.

c. In the event that a substantial number of the public patronizing a premises offering for sale or dispensing for consideration alcoholic beverages, including beer and wine, uses a language other than English as a primary language, any sign or notice required by Paragraph a shall be worded in English and the primary language or languages involved.

[Ord. #1983, § 1]

a. No person may place any sign, poster, placard or graphic display that advertises cigarettes or alcoholic beverages in a publicly visible location. In this section, "publicly visible location" includes outdoor billboards, sides of buildings and freestanding signboards. This section shall not apply in the following cases:

(a) With respect to cigarettes, the placements of signs, including advertisements, inside any premises used by a holder of a license required by Subsection 9-2.1a25, § 9-2.25 of this Code; or

(b) With respect to alcoholic beverages, the placement of signs, including advertisements, inside any premises used by a holder of a license required by Subsection 9-12.42 of this Code; or

(c) On commercial vehicles used for transporting cigarettes or alcoholic beverages;

2. Any sign that contains a generic description of cigarettes or alcoholic beverages;

(a) With respect to cigarettes, any neon or electrically charged sign on premises used by a holder of a license required by Subsection 9-2.1a,25 of this Code that is provided as part of a promotion of a particular brand of cigarettes; or

(b) With respect to alcoholic beverages, any neon or electrically charged sign on premises used by a holder of a license required by Subsection 9-12.42 of this Code that is provided as part of a promotion of a particular brand of alcoholic beverage;

4. Any sign on an MTA (Metropolitan Transit Authority) vehicle;

5. Any sign on facilities for whose use applicants have been given special permits pursuant to § 18-8 (issued by the Department of Recreation Services) of this Code.

6. Any sign on property adjacent to an interstate highway; or

b. Any cigarette and alcoholic beverage advertisements which now exist and are prohibited by the provisions of this section must be removed within two years of the effective date of this section.

c. This section shall not be construed to permit any display that is otherwise restricted or prohibited by law.

d. Violation of these provisions shall be a misdemeanor. The penalty for violation of this section is set forth in Subsection 1-6.1 of this Code.

[Ord. #2159, § 1 [7-23-1]]

a. Purpose. The purpose of this section is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws that prohibit the sale or distribution of tobacco products to minors and prohibit the display of tobacco products from being within reach of the public. This permit process is not intended to expand or reduce the degree to which tobacco-related activities are regulated by federal or state law, including criminal prosecution for violations of such laws, or to alter the penalty provided therefor.

[Ord. #2159, § 2 (7-23-1.1); 5-12-2020 by Ord. No. 2320]

For purposes of this section, the following definitions shall apply:

ACCESSORY

Shall mean equipment, products, or materials that are used, intended for use, or designed for use in smoking, vaping, inhaling, or otherwise introducing tobacco or tobacco products into the human body and can be an object or device that is not essential in it itself but adds to the beauty, convenience or effectiveness of something else.

AUTHORIZED ENFORCEMENT OFFICER

Shall mean any employee or agent of the City who is authorized to enforce any provision of this Code and any designated representative of the law enforcement agency or agencies authorized by the City to enforce the laws of the City of Compton.

CHARACTERIZING FLAVOR

Shall mean 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 mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices.

CIGARETTE

Shall mean any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco which is likely to be offered to, or purchased as a cigarette, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling.

CIGARILLO

Shall mean any roll of 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 units. Cigarillo includes, but is not limited to, tobacco products known or labeled as small cigar or little cigar.

CITY

Shall mean the City of Compton or any authorized department or public agency designated in the City to perform various investigative, enforcement and resolution functions pursuant to this Section.

COMPONENT

Shall mean any item intended or reasonably expected to be used with or for the human consumption of a tobacco product.

ELECTRONIC SMOKING DEVICE

Shall mean an electronic device, including limited to an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah, vaping device, or any other product name or descriptor, which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether manufactured, distributed, marketed, or sold as such.

FLAVORED TOBACCO PRODUCT

Shall mean any tobacco product that imparts a characterizing flavor.

LITTLE CIGAR

Shall mean any roll of 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 units. "Little Cigar" includes, but is not limited to, tobacco products known or labeled as small cigar or cigarillo.

MENTHOL CIGARETTE

Shall mean a cigarette with a characterizing flavor of menthol, labeled, or described by the manufacturer as possessing a menthol characterizing flavor.

PACKAGE or PACKAGING

Shall mean 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.

PART

Shall mean a piece or segment of something, which combined with other pieces makes up the whole.

PERSON

Shall mean any natural person, partnership, cooperative association, domestic or foreign corporation, personal representative, authorized agent, receiver, trustee, assignee, or any other legal entity.

PROPRIETOR

Shall mean a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

TOBACCO PARAPHERNALIA

Shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, characterizing flavors in any form mixed with or otherwise added to any tobacco product or nicotine delivery device including electronic smoking devices and any other item designed for the smoking, ingestion, preparation, storing, or consumption of tobacco products.

TOBACCO PRODUCT

Shall mean:

a.

Any product containing, made, or derived from tobacco or nicotine whether natural or synthetic, 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, and snuff; or

b.

Any electronic smoking device that delivers nicotine or other substances, whether, natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device.

c.

Notwithstanding any provision of paragraphs a and b to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.

d.

Tobacco Product does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

TOBACCO RETAILER

Shall mean any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

[Ord. #2159, § 3 (7-23-1.2); 5-12-2020 by Ord. No. 2320]

a. It shall be unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid Tobacco Retailer's Permit pursuant to Subsection 7-23A.3 for each location at which that activity is to occur.

b. A tobacco retailer or proprietor without a valid Tobacco Retailer's Permit, including, for example, a person whose permit has been revoked:

1. Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit under this section.

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

c. Nothing in this section shall be construed to grant any person obtaining and maintaining a Tobacco Retailer's Permit any status or right other than the right to act as a tobacco retailer at the location or locations in the City identified in the permit application and/or on the face of the permit.

d. No permit will be issued to authorize tobacco retailing at any place other than a fixed location or locations; peripatetic tobacco retailing and tobacco retailing from vehicles are prohibited.

e. No permit may issue to authorize tobacco retailing at a location that is licensed under state law to serve alcoholic beverages for consumption on the premises (e.g., an "on sale" license issued by the California Department of Alcoholic Beverage Control) and no license may issue to authorize tobacco retailing at any location offering food for sale for consumption by guests on the premises.

f. Tobacco retailing without a valid Tobacco Retailer's Permit is a public nuisance. Each day that a person offers tobacco, tobacco products or tobacco paraphernalia for sale or exchange within the City without a valid Tobacco Retailer Permit shall constitute a separate violation of this section.

g. Exterior facing advertisements of tobacco products may not occupy an area larger than 14 square feet. Such advertisements may not be placed next to any other outward facing advertisement so as to create a single mosaic type advertisement larger than 14 square feet. It is a violation of this Chapter to violate any local, State, or federal law regulating storefront window or door advertising.

[Ord. #2159, § 4 (7-23-1.3); 5-12-2020 by Ord. No. 2320]

a. A complete application for a Tobacco Retailer's Permit shall be submitted to the Business and License Division. Payment of all necessary fees, as set forth by resolution, shall be submitted to the City Treasurer's office.

b. The application shall be sought in the name of the person proposing to conduct retail tobacco sales and shall be signed by such person or, in the case of a business, by an authorized agent thereof. A valid City business license is also required before a Tobacco Retailer's Permit may be issued. Each person applying for a Tobacco Retailer's Permit shall be responsible for reviewing the conditions of conducting retail tobacco sales within the City and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on the form supplied by the Business and License Division and shall contain, at a minimum, the following information:

1. The legal name, address, and telephone number of the applicant.

2. The business name, address and telephone number of the fixed location or locations for which a Tobacco Retailer's Permit is sought.

3. A single name, mailing address, and/or facsimile number authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this section. If an authorized address and/or facsimile number is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in Paragraph 2 above.

4. Proof that the location or locations for which a Tobacco Retailer's Permit is sought has been issued a valid State Tobacco Retailer's License by the California Department of Tax and Fee Administration.

5. A statement whether or not the applicant has ever applied for and was denied or has been issued a Tobacco Retailer's Permit from the City or any other jurisdiction which was revoked or suspended and the dates and circumstances surrounding the suspension and/or revocation.

6. A statement of whether the applicant, its agents or employees have been convicted of a felony involving or related to the sale of tobacco, tobacco paraphernalia or tobacco products within the past five years.

7. Such additional information as the Business and License Division deems necessary for the administration and/or enforcement of this section.

c. All information required to be submitted in order to apply for a Tobacco Retailer's Permit shall be updated with the Business and License Division whenever the information changes. A tobacco retailer shall provide the Business and License Division with any updates within 10 business days of a change.

d. The information specified in Subsections 7-23A.3b2 and 7-23A.3b3 above, shall be available to the public for all currently licensed tobacco retailers. Upon request, the Business and License Division shall provide a compilation of this information to any person within a reasonable time and subject to a fee, as set forth by resolution, approximating the actual cost of compiling and presenting the information.

[Ord. #2159, § 5 [7-23-1.4]

a. Upon the receipt of a complete application for a Tobacco Retailer's Permit and the payment of the applicable permit fee, the Business and License Division shall issue a permit unless substantial evidence demonstrates that one or more of the following bases for denial exists:

1. The information presented in the application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this section.

2. The application seeks authorization for tobacco retailing at an address that appears on a permit that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of Subsection 7-23A.3, provided, however, this paragraph shall not constitute a basis for denial of a permit if either or both of the following apply:

(a) The applicant provides the Business and License Division with documentation demonstrating, by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction. For the purposes of this paragraph, an "arm's length transaction" is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market 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 the violations of this section is not an "arm's length transaction."

(b) It has been more than three years since the most recent permit for that location was revoked.

3. The application seeks authorization for tobacco retailing by a person who has a currently suspended Tobacco Retailer's Permit or who has had a permit revoked, pursuant to Subsection 7-23A.9, within the last three years.

4. The application seeks authorization from tobacco retailing in a manner which would violate this Code or any other local, state or federal law.

5. The applicant, its agents or employees, have been convicted of a felony involving or related to the sale of tobacco, tobacco paraphernalia or tobacco products within the past five years.

6. The issuance of a Tobacco Retailer's Permit would be in conflict with any other City ordinance.

b. A Tobacco Retailer's Permit is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a Tobacco Retailer Permit is one year. Each tobacco retailer shall apply for the renewal of his or her Tobacco Retailer's Permit and submit the permit fee no later than 30 days prior to the expiration of the term.

c. A Tobacco Retailer's Permit that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to Paragraph b, the proprietor must:

1. Submit the permit fee plus a reinstatement fee, which will be set by resolution; and

2. Submit a signed affidavit affirming that the proprietor: (i) has not sold and will not sell any tobacco product or tobacco paraphernalia after the permit expiration date and before the permit is renewed; or (ii) has waited the appropriate ineligibility period established for tobacco retailing without a permit, as set forth in Subsection 7-23A.10a of this section, before seeking renewal of the permit.

[Ord. #2159, § 6 [7-23-1.5]

A Tobacco Retailer's Permit may not be transferred from one person to another or from one location to another. Should a new person acquire a business that is engaged in tobacco retailing or the location changes, a new permit must be obtained prior to the commencement of any retail activity by the new person or at the new location.

[Ord. #2159, § 7 [7-23-1.6]

Each Tobacco Retailer's Permit shall be prominently displayed in a publicly visible location where tobacco retailing occurs. The permit or duplicate permits are to be displayed at each location identified in the application submitted pursuant to Subsection 7-23A.3.

[Ord. #2159, § 8 [7-23-1.7]

The fee to issue or to renew a Tobacco Retailer's Permit shall be established by resolution of the City Council. The fee shall be calculated so as to recover the total cost of both permit administration and permit enforcement, including, for example, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the costs of the regulatory program authorized by this section. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

[Ord. #2159, § 9 [7-23-1.8]

a. In the course of tobacco retailing or in the operation of the business or maintenance of the location or locations for which a permit issued, it shall be a violation of this section for any permittee, or his or her agents or employee, to violate any local, state or federal tobacco-related law.

b. Compliance with this section shall be monitored by the Business License Division and/or other City employee authorized to enforce provisions of this Code. Notwithstanding the forgoing, any City peace officer or Authorized Enforcement Officer is authorized to enforce the provisions of this section. An Authorized Enforcement Officer and/or other City employee authorized to enforce provisions of this Code shall check compliance of each tobacco retailer at least once per twelve-month period. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws, applicable to tobacco retailing. Nothing in this paragraph shall create a right of action in any permit or other person against the City or its agents.

c. An Authorized Enforcement Officer may use youth decoys and shall comply with protocols for the compliance checks developed in consultation with Los Angeles County Department of Health Services. The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of such person's age (herein "youth decoy") if the potential violation occurs when the youth decoy is participating in a compliance check supervised by a peace officer, an Authorized Enforcement Officer or an agent of another governmental agency.

d. After 90 days of the effective date of this section,[1] it shall be a violation of this section for a tobacco retailer, its agent (s) or employee(s) to sell or offer for sale, or to possess with the intent to sell or offer for sale, any flavored tobacco product or any component, part, or accessory intended to impart, or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices.

[1]

Editor's Note: Adopted 5-12-2020 by Ord. No. 2320.

e. After 90 days of the effective date of this section,[2] it shall be a violation of this section for a tobacco retailer, its agent (s) or employee(s) to sell or offer for sale, or to possess with the intent to sell or offer for sale, any menthol cigarette.

[2]

Editor's Note: Adopted 5-12-2020 by Ord. No. 2320.

f. No tobacco retailer or its agent(s) or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least 20 little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than 20 units.

g. Paragraph e of this subsection shall not apply to any retailer that meets all of the following criteria:

1. Primarily sells tobacco products;

2. Generates more than 60% of its gross revenues annually from the sale of tobacco products;

3. Does not permit any person under 21 years of age to be present or enter the premises at any time, unless accompanied by the person's parent or legal guardian, as defined in Section 6903 of the Family Code;

4. Does not sell alcoholic beverages or food for consumption on the premises; and

5. Posts a sign outside the retail location that clearly, sufficiently, and conspicuously informs the public that persons under 21 years of age are prohibited from entering the premises.

h. No tobacco retailer, its agents, or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least 20 little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than 20 units.

[Ord. #2159, § 10 (7-23-1.9); 5-12-2020 by Ord. No. 2320]

a. In addition to any other penalty authorized by law, a Tobacco Retailer's Permit may be suspended or revoked if the City finds, or any court of competent jurisdiction determines, after notice to the tobacco retailer permittee and an opportunity for the permittee to be heard, that the permittee, or his or her agents or employees, has violated any of the provisions of this section or any other local, State or Federal law relating to tobacco, or in a different legal proceeding, has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in this section. Furthermore, a Tobacco Retailer's Permit shall be revoked if the City finds, after the permittee is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a permit under subsection 7-23A.3 existed at the time application was made or at any time before the license issued. Upon a finding by the City of a violation of any provision of this article, within any three-year period, the Business and License Division may suspend or revoke a Tobacco Retailer Permit as follows:

1. Upon finding by the City of a first permit violation of any provision of this article, within any three-year period, the Tobacco Retailer's Permit may be suspended for up to 30 days.

2. Upon finding by the City of a second permit violation of any provision of this article, within any three-year period, the Tobacco Retailer's Permit may be suspended for up to one year.

3. Upon finding by the City of a third permit violation of any provision of this article, within any three-year period, the Tobacco Retailer's Permit may be permanently revoked.

b. A Tobacco Retailer's Permit shall be revoked if the City finds, after notice to the permittee and an opportunity for the permittee to be heard, that any one of the conditions listed below existed at the time of the violation. The revocation of a Tobacco Retailer's Permit shall prohibit the permittee from tobacco retailing within the City for a period of three years. The revocation shall be without prejudice to the filing of a new application for a Tobacco Retailer's Permit by a new applicant at the address where a permit has been revoked. Any new application for a Tobacco Retailer's Permit by a new applicant at an address where a permit has been revoked shall be approved by resolution of the City Council.

1. One or more of the bases for denial of the Tobacco Retailer's Permit listed in Subsection 7-23A.4 existed at the time the Tobacco Retailer's Permit application was made or at anytime before the permit was issued.

2. The application is incomplete for failure to provide the information required by Subsection 7-23A.3.

3. The information contained in the application, including any supplemental information, is found to be false in any material respect.

4. The application seeks authorization for a type of tobacco retailing that is unlawful pursuant to this Code or any other local, state or federal law.

c. In the event the City denies, suspends or revokes a Tobacco Retailer's Permit, written notice of the denial, suspension or revocation shall be served upon the applicant or permittee, as the case may be, within five business days of the decision to deny, suspend or revoke the permit to the mailing address specified in the application.

d. During a period of suspension of a Tobacco Retailer's Permit, the permittee must remove from public view all tobacco products and tobacco paraphernalia at the address that appears on the suspended or revoked Tobacco Retailer's Permit.

[Ord. #2159, § 11 (7-23-1.10); 5-12-2020 by Ord. No. 2320]

a. In addition to any other penalty authorized by law, if the City finds, or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at any location without a valid Tobacco Retailer's Permit, either directly or through the person's agent or employees, the person shall be ineligible to apply for or be issued a Tobacco Retailer's Permit for that location as follows:

1. After the first violation of this section at a location within any eighteen-month period, no new permit may issue for the person at the location until 30 days have passed from the date of the violation.

2. After the second violation of this section at a location within any eighteen-month period, no new permit may issue for the person at the location until six months have passed from the date of the violation.

3. After the third violation of this section at a location within any eighteen-month period, no new permit may issue for the person at the location until one year has passed from the date of the violation.

b. Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this section are subject to seizure by any Authorized Enforcement Officer or any peace officer and shall be forfeited after the permittee and any other owner of the tobacco products or tobacco paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco products or tobacco paraphernalia were not offered for sale or exchange in violation of this section. The decision by the City may be appealed pursuant to the procedures set forth in Subsection 7-23A.11. Forfeited tobacco products and tobacco paraphernalia shall be destroyed.

c. For the purposes of the civil remedies provided in this section, whichever is greater, shall constitute a separate violation of this section:

1. Each day on which a tobacco product or tobacco paraphernalia is offered for sale in violation of this section; or

2. Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this section.

[Ord. #2159, § 12 (7-23-1.11); 5-12-2020 by Ord. No. 2320]

a. Any notice of denial, suspension or revocation of a Tobacco Retailer's Permit shall state the reasons for such action and the appropriate remedy or cure, if applicable.

b. Any notification to be given pursuant to Subsection 7-23A.3, shall be deemed given once the notice is sent by facsimile to the facsimile number listed on the application, or if no number is listed, when notice is placed, postage prepaid in the United States mail, addressed to the applicant at the address shown on the permit application.

c. Any applicant or permittee aggrieved by a decision or action of the City under this section shall have the right to appeal such decision to the City Council.

d. Any appeal that is filed pursuant to this Subsection 7-23A.11 shall be filed, and all appropriate fees, as set forth by resolution, shall be paid, with the City Clerk within 14 calendar days after notice of denial, approval or revocation is given by the City. The City Council shall act upon any such appeal within 28 business days of the filing of the appeal.

e. Upon receipt of an appeal that is filed pursuant to this Subsection 7-23A.11, the City Clerk shall set a date for a hearing of the matter and give notice of the late, time and place of the hearing to the applicant/appellant. Prior to such hearing, the Authorized Enforcement Officer shall transmit to the City Clerk a report of its findings. At the hearing, the City shall present all documents on file with respect to the matter being appealed.

f. The City Council shall consider the record and such additional evidence as may be offered and may affirm, reverse or modify, in whole or in part, the action hat was appealed. The City Council may also make or substitute additional decisions or determinations as it finds warranted under the provisions of this section and may waive any requirement of Subsection 7-23A.3, where it is found to be in the public interest. The City Clerk shall transmit a written copy of the City Council's decision to the applicant/appellant within five business days of the hearing.

[Ord. #2159, § 13 (7-23-1.12); 5-12-2020 by Ord. No. 2320]

a. For the first or second alleged violation of this section within any eighteen-month period, the City Attorney may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this section without approval from the City Council.

b. Notice of any settlement shall be provided to the Business and License Division and no hearing shall be held.

c. Settlements shall not be confidential and shall contain the following minimum terms:

1. After a first alleged violation of this section at a location within any eighteen-month period:

(a) An agreement to stop acting as a tobacco retailer for at least one day;

(b) A settlement payment to the City of an amount up to $1,000; and

(c) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

2. After a second alleged violation of this section at a location within any eighteen-month period:

(a) An agreement to stop acting as a tobacco retailer for at least 10 days;

(b) A settlement payment to the City of an amount up to $5,000; and

(c) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

[Ord. #2159, § 14 [7-23-1.13]

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

b. Whenever evidence of a violation of this section is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this section and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

c. Violations of this section may, in the discretion of the City Attorney be prosecuted as infractions or misdemeanors.

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

e. Violations of this section are hereby declared to be public nuisances.

f. In addition to other remedies provided by this section or by other law, any violation of this section may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

[Ord. #2159, § 15 [7-23-1.14]

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this section, or the application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this section, or its application to any other person or circumstance. The City Council of the City of Compton hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

[Ord. #2192; repealed by Ord. #2296]

[1]

Editor's Note: Sex Offender Residency Restrictions repealed by Ord. #2296.

[1]

Editor's Note: Ordinance No. 2249, adopted April 22, 2014 and establishing a moratorium on the use of hydraulic fracturing, acidizing or other well stimulation treatment in conjunction with production or extraction of oil, gas or other hydrocarbon substances was rescinded in its entirety by Ordinance No. 2254, adopted October 7, 2014.