Escondido Municipal Code Div. 6 Tobacco Retailer License

It is unlawful for any person to act as a tobacco retailer in the city without a valid tobacco retailer license issued pursuant to this division.

(Ord. No. 2020-29R, § 2, 11-8-20)

For the purpose of this division, the following words and phrases shall have the meanings ascribed to them in this section:

"Advertising display"

means a sign, signboard, billboard, poster, banner or other communication displayed at a business establishment, and used to call attention or promote products. It does not include printed material on the container of a product offered for sale at a retail establishment.

"Applicant"

means the person applying for a license for a business to conduct tobacco retail sales pursuant to this division.

"Hearing officer"

means the city employee designated by the city manager to serve as described in the division.

"Licensee"

means any proprietor holding a tobacco retailer license issued by the city pursuant to the provisions of this article.

"Owner"

means any of the following individuals:

(i)

The sole practitioner of a sole proprietorship operating a business establishment.

(ii)

Any person who is a member of an entity operating a business establishment.

(iii)

Any person identified as an owner on the tobacco product retailer license application.

"Person"

shall mean any individual, firm, association, business, trust, organization, corporation, partnership, company, or any other entity recognized by law as the subject of rights or duties.

"Self-service display"

means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible to the general public without the assistance of the retailer or their agent. A vending machine is a form of self-service display.

"Tobacco paraphernalia"

means any item designed for the consumption, use, or preparation of a tobacco product.

"Tobacco product"

shall have the meaning as defined in California Business and Professions Code Section 22950.5 including electronic devices used to deliver nicotine or other vaporized liquids to a person inhaling from the device.

"Tobacco retailer"

means any person who sells, offers for sale, or offers to exchange for any form of consideration tobacco products or tobacco paraphernalia.

(Ord. No. 2020-29R, § 2, 11-8-20)

(a) An applicant shall submit a separate application for each physical location seeking to sell or offer to exchange for any form of consideration any tobacco product or tobacco paraphernalia. The owner, or an authorized representative, shall sign the application.

(b) All applications shall be submitted on a form supplied by the city and shall contain the following information:

(1) The name, address, and telephone number of each owner.

(2) The business name, mailing address, retail location (if different), telephone number and email address.

(3) Whether or not any applicant, an owner, or the business has previously been issued a license pursuant to this division that is or was at any time suspended or revoked and, if so, the dates of the suspension period or the date of revocation.

(4) Notice that owners are strictly liable for the actions of their employees and agents when engaged in tobacco retailing.

(5) Such other information as the city manager deems necessary for the administration or enforcement of this division.

(c) If the owner is a legal entity other than a natural person, the owner shall authorize, in writing, at least one of its officers or partners to act as its behalf.

(d) Upon receipt of the completed application, the police chief or designee shall have up to 30 days to complete a background investigation.

(Ord. No. 2020-29R, § 2, 11-8-20)