Chapter 17.91 — SALE OF TOBACCO PRODUCTS

Note: Editor's note—Ord. 785 § 8, adopted April 20, 2015, set out provisions intended for use as Chapter 17.87, §§ 17.87.010— 17.87.100. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as Chapter 17.91, §§ 17.91.10—17.91.100.

The following words and phrases, whenever used in this chapter, have the meaning defined in this section unless the context clearly requires otherwise:

"Tobacco Product" means:

1. Any 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, snuff; and

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

3. Notwithstanding any provision of subsections (a) and (b) to the contrary, "Tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any 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 such product is marketed and sold solely for such an approved purpose.

"Electronic Smoking Device" means an electronic device 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 or not sold separately. "electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

"Tobacco Retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

"Smoking" means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation.

"Tobacco Paraphernalia" means any item designed for the consumption, use, or preparation of tobacco products.

"Advertising Display Sign" means a sign, billboard, poster, freestanding sign, balloon, pennant or banner that is temporarily or permanently placed on or affixed to the ground, the sidewalk, a pole or post, a fence, or a building, or is displayed in the windows or doors of a commercial establishment, and that is used to advertise or promote products.

"Promote" or "Promotion" means a display of any logo, brand name, character, graphics, colors, designs, or recognizable color or pattern of colors, or any other indicia or product identification with, or similar to, or identifiable with, those used for any particular brand of tobacco product.

"Publicly Visible Location" means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or other public thoroughfare.

(Ord. 785 § 8, 4-20-2015)

This section establishes permit requirements and standards for the development and operation of a tobacco retailer.

• A. Permit requirements. Notwithstanding any provision of this title, a tobacco retailer may be established in the following zoning districts subject to securing a conditional use permit: C-l, C-2, CW.

• B. Development standards. The planning commission may take into consideration the proximity of the proposed tobacco retailer with parcels occupied by the following uses:

  1. Public or private kindergarten, elementary, middle, junior high or high schools;

  2. Licensed child day care facility or preschool other than a small or large family day care home;

  3. Public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts);

  4. Youth or teen center;

  5. Public community center or recreation center;

  6. Arcade;

  7. Public park;

  8. Public library; or

  9. Houses of worship conducting youth programs or youth oriented activities.

(Ord. 785 § 8, 4-20-2015)

No person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of tobacco product on an advertising display sign in a publicly visible location within five hundred feet of the perimeter of an elementary or secondary school, high school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), day care center, public community center or public library. (Ord. 785 § 8, 4-20-2015)

The restrictions contained in 17.91.030 do not apply to advertising or promotions for tobacco products that are either:

• A. Located inside a commercial establishment, unless such advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare; or

B. On tobacco product packaging. (Ord. 785 § 8, 4-20-2015)

No person may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item or service to a minor, which bears the brand name, alone or in conjunction with, any other word, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical with, or similar to, or identifiable with, those used for any brand of tobacco product.

(Ord. 785 § 8, 4-20-2015)

It is unlawful for any person to sell, permit to be sold, offer for sale, or display for sale, any tobacco product by any means of self-service merchandising, including but not limited to self-service display, rack, countertop or shelf, or any means other than vendor-assisted sales. All tobacco products must be offered for sale exclusively by means of vendor assistance, and all tobacco products must be either in a locked case or in an area not accessible to the public prior to sale. (Ord. 785 § 8, 4-20-2015)

Any person, business, or tobacco retailer must post plainly visible signs at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED." The letters of said signs must be at least one inch high. (Ord. 785 § 8, 4-20-2015)

No person, business, or tobacco retailer may sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater. (Ord. 785 § 8, 4-20-2015)

No person, business, or tobacco retailer may locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. (Ord. 785 § 8, 4-20-2015)

Tobacco product retailers which have a retail/public floor area of three thousand five hundred square feet or less must have glass or transparent glazing in the windows and doors. No more than ten percent of any window or door area may be visually obstructed by signs, banners, or opaque coverings of any kind so that law enforcement personnel will have clear view of the entire public area in the premises from the public sidewalk.

(Ord. 785 § 8, 4-20-2015)