Davis Municipal Code Art. 34.04 Sale of Tobacco and E-Cigarettes; Sale of Tobacco and E-Cigarettes From…

The purpose of this article is to implement a strict and enforceable system to regulate the sale of cigarettes, other tobacco products and e-cigarettes.

(Ord. 1633 § 1; Ord. 2437 § 4, 2014)

No person shall sell or permit to be sold cigarettes, other tobacco products or e-cigarettes to an individual without requesting and examining identification establishing the purchaser's age as twenty-one years or greater unless the seller has some other conclusive basis for determining the buyer's age.

(Ord. 1633 § 1; Ord. 2437 § 4, 2014; Ord. 2678, 11/4/2025)

Thirty days after the effective date of the ordinance codified in this article, no cigarette, other tobacco product, or e-cigarette may be sold, offered for sale or distributed by or from a vending machine or appliance, or any other device designed or used for vending purposes.

(Ord. 1633 § 1; Ord. 2437 § 4, 2014)

It is unlawful to sell cigarettes out of the manufacturer's package with required health warnings.

(Ord. 1633 § 1)

Enforcement of this article shall be implemented by the city manager or designee, the city attorney, and the police department.

(Ord. 1633 § 1)

Any citizen, employee, or business patron who desires to register a complaint under this article may initiate enforcement with the city manager or designee, or the police department. Complaints must be submitted in writing and signed by the complainant.

(Ord. 1633 § 1)

Notwithstanding any provision of this article, a private citizen may bring legal action to enforce this article.

(Ord. 1633 § 1)

It is unlawful for any person who owns, operates, manages, or otherwise controls the use of any premises subject to the restrictions of this article to fail to comply with its provisions.

(Ord. 1633 § 1)

Any person who violates any provision of this article shall be subject to citations and:

(a) Upon a first violation shall receive an official notice of warning from the city manager or designee;

(b) Upon a second violation within one year shall be guilty of an infraction and punishable as infractions are punishable under state law;

(c) Upon a third violation and additional violations within one year shall be guilty of a misdemeanor and punishable as misdemeanors are punishable under state law.

(Ord. 1633 § 1)

The city manager or designees shall have the authority to issue citations for violations of this article; however, such individuals shall not have the powers of a police officer in performing their duties under this article. The police chief and police officers shall also have the authority to issue citations for violations of this article.

(Ord. 1633 § 1)

The city manager or designee may issue informal warnings to violators of this article prior to taking action pursuant to Sections 34.04.090 and 34.04.100 of this article.

(Ord. 1633 § 1)

No later than thirty days after the effective date of the ordinance codified in this article, any person who contends that the provisions of this article prohibiting cigarette vending machines will cause a substantial financial hardship on that person because he or she has not recovered his investment in the cigarette vending machine or because of a contractual obligation to maintain the cigarette vending machine in operation within the city may apply to the city manager for an exemption from the provisions of this article to permit the use of the vending machine beyond the time period in which the use of the vending machine must be discontinued. The city manager or his designee may grant an extension of time to such person provided that:

(a) In the case of a contractual obligation to maintain a cigarette vending machine, the extension of time shall not extend beyond the earliest date on which the contractual obligation may be terminated.

(b) In the case of financial hardship based on failure to recover the applicant's investment, the extension of time shall not be granted unless the city manager finds that: (1) the owner of the vending machine has no practical way to recover his or her investment other than continued use of the vending machine within the city as a cigarette vending machine; and (2) the investment not yet recovered exceeds ten percent of the cost of the machine. An extension granted under this section shall be for that additional time estimated to be necessary to all recovery of the owner's investment but in no event longer than one year.

(Ord. 1633 § 1)