Chapter 8.28 — Tobacco Regulations

8.28.010 Purpose and findings.

8.28.020 Self-service tobacco displays prohibited.

8.28.030 Enforcement.

The city council hereby finds and declares as follows:

• A. Whereas, smoking is the greatest preventable cause of death in our nation, killing more than 390,000 Americans each year; and

• B. Whereas, California State Penal Code Sections 308(a) and 308(b) prohibit the purchase and possession of tobacco products and paraphernalia by minors; and

• C. Whereas, over 29 million packs of cigarettes are illegally sold to California minors annually; and

• D. Whereas, nearly ninety percent of all tobacco users start well before the age of 18; and

• E. Whereas, shoplifting of cigarettes from tobacco self-displays is one means by which minors access tobacco products; and

F. Therefore, the city council finds it in the public interest to promote the welfare of Gridley residents under the 18 years of age by further restricting youth access to tobacco products with the prohibition of tobacco self-displays in our community.

(Ord. 730, 2004).

A. It shall be unlawful for any person, business or tobacco retailer within the incorporated City of Gridley to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service display, rack or shelf that allows self-service sales or smaller counter top displays for any tobacco product that allow other than vendor-assisted sales.

B. All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a case requiring employee assistance to retrieve the tobacco products.

(Ord. 730, 2004).

Violations of Section 8.28.020 is a misdemeanor and shall be subject to a fine not exceeding $1,000 per day for each violation, with each day that the violation continues considered a separate and distinct violation of Section 8.28.020. The Butte County Health Department, the District Attorney’s office, the City Attorney’s office and/or the Police Department may enforce this chapter.

(Ord. 730, 2004).