Fremont Municipal Code Art. 2 Requirements and Prohibitions

It is unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid city-issued tobacco retailer’s license pursuant to this chapter for each tobacco retailing location. No license may issue to authorize tobacco retailing at other than a fixed location. Tobacco retailing by persons on foot or from vehicles is prohibited. Tobacco retailing without a valid tobacco retailer’s license is illegal and a nuisance as a matter of law. (Ord. 07-2019 § 3, 10-8-19.)

In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it is a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing. Tobacco retailers shall also comply with the following requirements. (Ord. 07-2019 § 3, 10-8-19.)

Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. (Ord. 07-2019 § 3, 10-8-19.)

No person engaged in tobacco retailing shall sell or transfer tobacco products or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification to confirm the recipient is at least the minimum age allowed under state law to purchase and possess the tobacco product or tobacco paraphernalia. (Ord. 07-2019 § 3, 10-8-19.)

No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (Ord. 07-2019 § 3, 10-8-19.)

Tobacco retailing by means of a self-service display is prohibited. (Ord. 07-2019 § 3, 10-8-19.)

Tobacco retailers and proprietors without a valid tobacco retailer license, including those whose license has been suspended or revoked, shall not:

(a) Keep any tobacco products and tobacco paraphernalia in public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision constitutes tobacco retailing without a license; and

(b) Display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the retailer’s location or that could lead a reasonable consumer to believe such products can be obtained at that location. (Ord. 07-2019 § 3, 10-8-19.)

No tobacco retailer shall sell any tobacco product to any consumer unless such product: (a) is sold in the original manufacturer’s packaging intended for sale to consumers; and (b) conforms to all applicable federal labeling requirements. (Ord. 07-2019 § 3, 10-8-19.)

The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product. (Ord. 07-2019 § 3, 10-8-19.)

A tobacco retailer shall not sell or offer to sell to a consumer:

(a) Cigars.

(1) Any single cigar, whether or not packaged for individual sale;

(2) A pack of cigars unless it contains at least five cigars and is sold for a minimum price of $8.00 per pack, including taxes and fees.

(3) This section does not apply to the sale of a single cigar for which the minimum retail price is $5.00, including taxes and fees.

(b) Cigarettes.

(1) Any single cigarette, whether or not packaged for individual sale;

(2) Any number of cigarettes fewer than the 20 cigarettes contained in the manufacturer’s original consumer packaging for sale to consumers;

(3) Any pack of cigarettes unless it contains at least 20 cigarettes and is sold for a minimum price of $8.00 per pack, including taxes and fees. (Ord. 07-2019 § 3, 10-8-19.)

(a) No tobacco retailer, nor any of the retailer’s agents or employees, shall sell or offer for sale, or possess with intent to sell or offer for sale, any flavored tobacco product.

(b) A tobacco retailer’s possession of four or more flavored tobacco products, or any combination thereof, creates a rebuttable presumption the retailer possesses such flavored tobacco products with intent to sell or offer for sale.

(c) The following actions of a tobacco retailer, manufacturer or any employee or agent of a tobacco retailer or manufacturer create a rebuttable presumption that a tobacco product is a flavored tobacco product:

(1) Public statements or claims that the tobacco product imparts a characterizing flavor;

(2) Text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate the tobacco product imparts a characterizing flavor; or

(3) Other actions directed to consumers that would reasonably cause consumers to believe the tobacco product imparts a characterizing flavor. (Ord. 07-2019 § 3, 10-8-19.)