Del Norte County Municipal Code § 9.11 Regulation Of Tobacco Retail 9.11.10 Intent And Application 9.11.20 Definitions…

The intent of this chapter is to protect the health, safety and welfare of the adults and children of the County of Del Norte through strong and effective regulatory controls on the sale of tobacco and tobacco products. This ordinance applies throughout the unincorporated area of the County of Del Norte.

(Ord. 2022-10 § 1, 2022)

For the purposes of this chapter, the following definitions apply:

1. “Person” means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.

2. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for Sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.

3. “Tobacco Product” means a tobacco product as defined in Section 104495 of the California Health and Safety Code, as that provision may be amended from time to time.

4. “Tobacco Retailer” means a person who engages in the unincorporated area of the county of Del Norte in the sale of tobacco products directly to the public from a retail location. “Tobacco retailer” includes a person who operates vending machines from which tobacco products are sold in this state.

(Ord. 2022-10 § 1, 2022)

1. Beginning January 1, 2023, it shall be unlawful for any Person to act as a Tobacco Retailer, to advertise Tobacco Products, or to store Tobacco Products in public view, without first obtaining and maintaining a valid Tobacco Retail License pursuant to this chapter for each location at which Tobacco Retailing is to occur. Tobacco retailing without a valid Tobacco Retail License is a nuisance as a matter of law.

2. No license may issue to authorize tobacco retailing in a Pharmacy.

3. Only a Tobacco Retailer that was in the business of retailing Tobacco Products as of July 1, 2022 is eligible to apply for a Tobacco Retail License or for the renewal of a Tobacco Retail License.

4. A Tobacco Retail License is not transferrable between locations, but may be transferred to a new owner of the same retail location.

5. A Tobacco Retail License is a ministerial, administrative permit, which shall be issued to any Tobacco Retailer which:

   1. Submits an application on a form to be developed by the county. The application must include, at minimum, the following:

      1. The name of the Tobacco Retailer

      2. The address of the retail location for which the application is being made.

      3. Proof that the Tobacco Retailer was in the business of retailing Tobacco Products on July 1, 2022.

      4. A statement that the applicant consents to entry into all areas of the retail premises for the purpose of inspection and enforcement during all hours of operation, without advanced notice.

      5. A statement certifying that the applicant’s business has not been cited for a violation of any state or federal law, or any provision of the County Code, within the 60 day period preceding the filing of the application.

   2. Pays the application fee, as set by the board of supervisors pursuant to Government Code Section 54985 et seq.

   3. Does not have any outstanding fees, taxes or penalties owed to the County of Del Norte.

6. A Tobacco Retail License must be prominently displayed in a publicly visible location at the Retail Location.

7. A Tobacco Retail License is valid for one year, and may be renewed each year upon payment of a renewal fee set by the board of supervisors pursuant to Government Code Section 54985 et seq.

8. Violation of any portion of this Chapter, or any state or federal law related to the marketing, sale, or distribution of Tobacco Products will result in an Administrative Citation pursuant to Chapter 60 of Title 1 of this Code. The issuance of a Citation, in addition to any applicable fines, will result in the automatic revocation of all Tobacco Retail Licenses possessed by the Tobacco Retailer. A Tobacco Retailer will be eligible to reapply for a Tobacco Retail License after 60 days. Revocation of the license will be stayed pending any appeal of the citation.

(Ord. 2022-10 § 1, 2022 | Ord. 2023-03 § 1, 2023)

• 9.11.50 Restriction On Advertising Tobacco Products

1. 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 500 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), child day care facility as defined in Health and Safety Code Section 1596.750, public community center or public library.

   2. No Tobacco Retailer may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of Tobacco Products or any display containing tobacco products within 5 feet of candy, snack, or non-alcoholic beverage displays.

   3. The restriction under subsection (b) does not apply to a Tobacco Retailer where access to the premises is prohibited for those under 21 years of age.

(Ord. 2022-10 § 1, 2022)