Corte Madera Municipal Code Ch. 6.16 Tobacco Products Sales Prohibited from Vending Machines

This chapter shall be known as the "Corte Madera Tobacco Ordinance."

(Ord. 794 § 1 (part), 1995)

The town council does find that it is deleterious to human life and society at large to allow the sale of tobacco products to minors and it is within the council's basic police power to implement and enforce the provisions of this chapter.

(Ord. 794 § 1 (part), 1995)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(a) "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where tobacco products are sold.

(b) "Retail tobacco store" or "tobacco retailer" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

(c) "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco promotional products to which the public has access without the intervention of an employee.

(d) "Tobacco product" 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, or snuff.

(2) 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.

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

"Tobacco product" does not include a product 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.

(e) "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.

(f) "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

(Ord. 794 § 1 (part), 1995; Ord. No. 1006, § 2, 5-4-2021)

(a) It is unlawful for any person, business or tobacco retailer to sell, permit to be sold or offer for sale any tobacco product by means of self-service merchandising, or by any means other than vendor-assisted sales.

(b) No person, business or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine. Any tobacco vending machine in use on the effective date of the ordinance codified in this chapter shall be removed within thirty days after the effective date of the ordinance codified in this chapter.

(Ord. 794 § 1 (part), 1995; Ord. No. 1006, § 2, 5-4-2021)

(a) Notice of these regulations shall be given to all applicants for a business license.

(b) Enforcement of this chapter shall be implemented by the town manager or his/her designee.

(c) Any citizen who desires to register a complaint under this chapter may make said complaint known to and thereby initiate enforcement with the town manager or his/her designee.

(d) Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.

(Ord. 794 § 1 (part), 1995)

(a) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation of this chapter to fail to comply with any of its provisions.

(b) Any person, business, tobacco retailer or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction, punishable by:

(1) A fine, not exceeding one hundred dollars and/or five days of community service, for the first violation.

(2) A fine, not exceeding two hundred dollars and/or ten days of community service, for a second violation of this chapter within one year.

(3) A fine not exceeding five hundred dollars and/or fifteen days of community service, for a third violation of this chapter within one year.

(Ord. 794 § 1 (part), 1995)