Costa Mesa Municipal Code Ch. I1 /2. Tobacco Sales Regulations to Protect Minors

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.

Cigar lounge

means a private enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products including, but not limited to, cigars and pipes.

City

shall mean the City of Costa Mesa.

Employee

means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.

Minor

means any individual who is under 18 years of age.

Person

shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

Restricted tobacco sales area

shall mean any area of a retail business that satisfies the following requirements:

(1)

The area is set aside for the exclusive display and sale of tobacco products and related accessories.

(2)

There is a single, restricted entrance to and exit from the area which is located next to a sales counter and allows passage of no more than two people at a time.

(3)

There is an adult sales clerk who is continually present at the sales counter while the business is open to the public.

(4)

The sales clerk monitors access into the restricted area and denies entrance to minors, unless accompanied by a parent or a responsible adult.

(5)

There is a sign prominently posted at the entrance to the restricted area that says, in substance: "RESTRICTED TOBACCO SALES AREA. NO MINORS ALLOWED, unless accompanied by a parent or a responsible adult." The sign shall meet standards established by the city manager, or his designee.

Self-service display

means the open display of products to which the public has access without the intervention of a store employee including, but not limited to, a rack, shelf, vending machine or counter-top display.

Tobacco product

means any manufactured substance made from the tobacco plant including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking, chewing or other manner of ingestion.

Tobacco shop

means a business establishment whose main purpose is the sale of tobacco products including, but not limited to, cigars, pipe tobacco, and smoking accessories.

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 product.

Vendor-assisted sale

means a purchase requiring a direct, face-to-face exchange between the retailer and the customer, in which the vendor 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. No. 99-5, § 2, 5-17-99)

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 a self-service display, including a cigarette vending machine, or by any means other than vendor-assisted sales. This prohibition shall not apply to tobacco shops, cigar lounges, or restricted tobacco sales areas.

(Ord. No. 99-5, § 2, 5-17-99)

(a) No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this chapter.

(b) No person shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against another person because such other person seeks to attain compliance with provisions of this chapter.

(Ord. No. 99-5, § 2, 5-17-99)