Chapter VII

HEALTH AND WELFARE

7-1.1 General Provisions

7-1.2 Definitions

7-1.3 License Requirements

• 7-1.4 Issuance of Licenses

• 7-1.5 Exemptions

• 7-1.6 License Fees

• 7-1.7 Enforcement

• 7-2.1 Purpose and Findings

• 7-2.2 Definitions

• 7-2.3 Regulation of Smoking in Town Facilities

• 7-2.4 Prohibition of Smoking in Enclosed Places

• 7-2.5 Regulation of Smoking in Places of Employment

• 7-2.6 Vending Machines

• 7-2.7 Optional Smoking Areas

• 7-2.8 Posting Requirements

• 7-2.9 Enforcement

• 7-2.10 Penalties

• 7-2.11 Nonretaliation

• 7-2.12 Other Applicable Laws

• 7-2.13 Required Lease Terms for all Units in Multiple Family Buildings

• 7-2.14 Other Requirements

• 7-3.1 Purpose

• 7-3.2 Declaration

• 7-4.1 Central Contra Costa Solid Waste Authority Ordinance Adopted

• 7-4.2 Penalties

• 7-5.1 Short Title

7-5.2 Policy

7-5.3 Definitions

• 7-5.4 Permit Required

7-5.5 Permit; Existing Sites

7-5.6 Application and Fee

7-5.7 Conditions

• 7-5.8 Procedure

• 7-5.9 Inspection; Notice of Violation

• 7-5.10 Permit Revocation

• 7-5.11 Nuisance Abatement

The restrictions contained in subsection 7-6.2 shall not apply to advertising or promotions for tobacco products:

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;

b. On vehicles, other than mobile billboards;

c. On any sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, so long as the sign does not promote any brand of tobacco product;

d. On tobacco product packaging.

• (Ord. 99-6, §3)

No person may market, license, distribute, sell or cause to be marketed licensed, distributed or sold any item or service to any person under the age of 21, 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, including flavored tobacco products. (Ord. 99-6, §3: Ord. 2020-01, § 2)

It is unlawful for any person to sell, permit to be sold, offer for sale, or display for sale, any tobacco product, including flavored tobacco products, by means of self-service display, rack, counter top or shelf that allows self-service sales for any tobacco product other than vendor-assisted sales. (Ord. 99-6, §3: Ord. 2020-01, § 2)

All tobacco products, including flavored tobacco products, shall be offered for sale exclusively by means of vendor assistance, with tobacco products kept in a locked case or in an area not accessible to the public, and requiring employee assistance to retrieve the tobacco products. (Ord. 99-6, §3: Ord. 2020-01, § 2)

It is unlawful for any person to sell or offer for sale any tobacco product without first obtaining and maintaining a valid tobacco retailer license for each location where such sales are conducted. This license shall be renewed annually. (Ord. 996, §3)

A person who is required to obtain a tobacco retailer license pursuant to this Section 7-6 shall submit an application in the name of the person and shall be signed by the person with authority to act on behalf of the applicant. All applications shall be submitted on a form supplied by the Town and shall contain the following information:

• a. The name, address and telephone number of the business owner and manager;

• b. The business name, address and telephone number of each establishment where tobacco products are to be sold;

• c. Such other information as the Town Manager determines is necessary to accomplish the purposes of this chapter.

• (Ord. 99-6, §3)

Upon receipt of a completed application for a tobacco retailer license, including payment of the license fee, and the completion of an inspection of the premises, if deemed necessary by the Town Manager, to determine compliance with this Section 7-6, the Town Manager shall issue a license. Each licensee shall prominently display the license at the location where tobacco product sales are conducted. (Ord. 99-6, §3)

7-6.10 License Fee.

The fee for a tobacco retailer license shall be set by the Town Council as part of the Town’s master fee schedule. The amount of any such fee shall be limited to the Town’s costs for processing the application, inspecting the tobacco retailer business premises to determine compliance with the standards contained in this Section 7-6 and implementing the licensing program. (Ord. 99-6, §3)

A tobacco retailer license is not transferable. If there is a change in location, a new tobacco retailer license shall be issued for the new address upon receipt of an application for a change of location. The new license shall retain the same expiration date as the previous license. (Ord. 99-6, §3)

a. A tobacco retailer license may be suspended by the Town Manager upon a finding, after notice and hearing, that a violation of this Section 7-6, or any other applicable State or Federal law governing the sale and distribution of tobacco, has occurred at the licensee’s business premises.

b. The Town Manager may suspend the licensee’s license to sell tobacco products for up to sixty (60) days following the first finding of a violation. In the event of a finding of a second violation within twelve (12) months of the first violation, the Town Manager may suspend the license for up to one hundred twenty (120) days. In the event of a finding of a third violation within twelve (12) months of the first violation, the Town Manager may suspend the license for up to one (1) year.

c. Any finding of violation and suspension of a license by the Town Manager may be appealed to the Town Council. Such appeal must be filed in writing within ten (10) days of receipt of the Town Manager’s decision and must be accompanied by the applicable appeal fee established by the Town Council in the Town’s master fee schedule.

• (Ord. 99-6, §3)

Except as otherwise provided, this Section 7-6 shall be administered by the Town Manager, who may develop administrative guidelines and procedures to implement the provisions of this section. (Ord. 99-6, §3)

a. Any person violating any provision of this Section 7-6 shall be guilty of an infraction and shall be subject to penalties as set by state law.

• b. Violations of this Section 7-6 shall be deemed a public nuisance.

• (Ord. 99-6, §3: Ord. 2020-01, § 2)

Nothing in this Section 7-6 is intended to alter the obligations or restrictions which apply to any person under any other law governing signs, tobacco advertising or any other matter covered by this Section 7-6. The remedies set forth in this Section 7-6 are not exclusive. If any action prohibited by this Section 7-6 is also unlawful under any other law, the penalties and remedies under such other law may be pursued in addition to those provided in this section. (Ord. 99-6, §3)

The restrictions contained in this Section 7-6 with respect to the advertising, promotion and display of tobacco products are adopted by the Town of Danville to promote the general welfare of the Town’s residents. The Town does not assume, nor is it imposing on its officers or employees, an obligation for which it may be liable in money damages to any person who claims that breach of those restrictions proximately caused injury. (Ord. 99-6, §3)

No tobacco retailer may sell, offer for sale, or exchange or offer to exchange for any form of consideration, to a consumer any electronic smoking devices or e-liquid where the electronic smoking device or e-liquid:

• a. Is a new tobacco product as defined in § 387j(a)(1) of Title 21 of the U.S. Code;

• b. Requires premarket review under Section 387j of Title 21 of the U.S. Code; and

• c. Does not have a premarket review order issued under Section 387(j)(c)(1)(A)(i) of Title 21 of the U.S. Code.

• (Ord. 2020-01, § 2)

7-7 CARRYOUT BAGS.

7-7.1 Definitions.

For the purposes of this chapter only, the following words and phrases shall have the meanings defined in this section unless the context clearly requires otherwise:

Carryout Bag means any bag, including a Plastic Bag, provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food, merchandise, or other goods out of a Retail Establishment or a Public Eating Establishment. Carryout Bags do not include Produce Bags or Product Bags.

Customer means any person purchasing goods from a Retail Establishment or a Public Eating Establishment.

Inspector means the Town's Code Enforcement Officer or any other Town officer or employee designated by the Town Manager pursuant to Section 1-5.8 of this Code to conduct any inspections required or permitted under this Chapter.

Operator means the person in control of, or having the responsibility for, the operation of a Retail Establishment or Public Eating Establishment, which may include, but is not limited to, the owner of a Retail Establishment or a Public Eating Establishment.

Person means any natural person, firm, corporation, partnership, or other organization or group however organized.

Plastic Bag means any bag made predominantly of plastic derived from either petroleum, ethylene derived from natural gas, or a biologically-based source, such as corn or other plant sources. The term "Plastic Bag" includes compostable and biodegradable bags but does not include Reusable Bags, Recycled Paper Carryout Bags, Produce Bags, or Product Bags.

Postconsumer Recycled Material means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer Recycled Material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

Prepared Food means foods or beverages which are prepared on premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed, other than heating. Prepared food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed or mixed.

Produce Bag means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a Retail Establishment or to prevent such food items from coming into direct contact with other purchased items.

Product Bag means a bag integrated into the packaging of the product or a bag used (1) to hold prescription medication dispensed from a pharmacy; or (2) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a Reusable Bag or Recycled Paper Carryout Bag (examples include small paper bag for greeting cards, paper bags to protect glass bottles, plastic bags around ice cream or other wet items, paper bags used to weigh candy, etc.).

Public Eating Establishment means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises.

Recyclable means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purposes of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.

Recycled Paper Carryout Bag means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) Postconsumer Recycled Material; (3) displays the word "Recyclable: in a highly visible manner on the outside of the bag; and (4) and displays the percentage of Postconsumer Recycled Material used. Recycled Paper Carryout Bags do not include Produce Bags or Product Bags.

Retail Establishment means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to a Customer; and is located within or doing business within the geographical limits of the Town of Danville.

Reusable Bag means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) is machine washable or capable of being cleaned and disinfected; (3) does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable State and Federal standards and regulations for packaging or reusable bags; and (4) if made of plastic, a minimum of 2.25 mils thick.

(Ord. #2014-11, §2)

No Retail Establishment or Public Eating Establishment shall provide any Plastic Carryout Bag to a Customer.

(Ord. #2014-11, §2)

7-7.3 Permitted Bags.

a. All Retail Establishments or Public Eating Establishments shall provide or make available to a Customer only Recycled Paper Carryout Bags or Reusable Bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter.

b. Nothing in this Chapter prohibits Customers from using bags of any type that they bring to the Retail Establishment or Public Eating Establishment themselves or from carrying away goods that are not placed in a bag.

(Ord. #2014-11, §2)

a. All Retail Establishments are strongly encouraged to make Reusable Bags available to Customers for purchase.

b. Each Retail Establishment is strongly encouraged to educate its staff to promote Reusable Bags and to post signs encouraging Customers to use Reusable Bags.

(Ord. #2014-11, §2)

An Inspector shall have the right to enter any Retail Establishment or Public Eating Establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this Chapter.

(Ord. #2014-11, §2)

a. Upon finding that a violation of this Chapter has occurred, an Inspector shall issue a written warning notice to the Operator of the Retail Establishment or Public Eating Establishment that a violation has occurred and the potential penalties that will apply for future violations.

b. Any Retail Establishment or Public Eating Establishment that violates or fails to comply with any of the requirements of this Section after a written notice has been issued for a previous violation shall be guilty of an infraction.

(Ord. #2014-11, §2)