Chapter 8.70 — PROHIBITION ON SALE OF TOBACCO PRODUCTS FROM VENDING MACHINES

State Law reference— Local standards regarding tobacco vending machines, Business and Professions Code § 22960.

For the purposes of this chapter, the words and phrases used in this chapter shall have the following meanings, except where the context clearly indicates a different meaning:

Director means the Director of Environmental Management.

Tobacco product means any cigarette or tobacco product.

Tobacco vending machine means any electronic or mechanical device used for the vending of any cigarette or tobacco product, upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or vends a tobacco product.

(Code 1997, § 8.70.010; Ord. No. 5051, § 2, 4-18-2017)

A.

No person or business entity shall sell or give away any cigarette or tobacco product, cigarette paper or cigarette wrapper, through the use of a vending machine.

B.

Any tobacco vending machine in use on or after the effective date of the ordinance from which this chapter is derived shall be removed on or before January 2, 1994.

C.

Any applicant aggrieved by the decision of the Director may appeal the decision to the Board of Supervisors by filing a written notice of appeal with the Board of Supervisors within ten days after the date of the Director's written decision.

D.

The notice of appeal shall contain a brief statement of the grounds for the appeal. The Board of Supervisors, or its authorized agent, shall review the application and the notice of appeal, and may, by written decision, confirm or modify the determination of the Director. The decision of the Board of Supervisors shall be final.

(Code 1997, § 8.70.020)

Violations of this chapter are infractions and are subject to a fine not exceeding $250.00 plus penalty assessments as set by State law, per day for each violation.

(Code 1997, § 8.70.030)

The Director shall be authorized to commence civil actions, to enforce on behalf of the County, the provisions of this chapter or for recovery of fines in the name of the County.

(Code 1997, § 8.70.040)

The court assessing the fines set forth in Section 8.70.030 shall, to the extent allowed by law, designate said fines for the Director to support the costs of inspection and enforcement of violations of this chapter.

(Code 1997, § 8.70.050)