Hawthorne Municipal Code Ch. 5.98 Tobacco Retail Licensing Regulations

As used in this chapter, the following terms have the meanings set forth below:

"Proprietor"

means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.

"Self-service display"

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

"Tobacco paraphernalia"

includes cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco or products prepared from tobacco.

"Tobacco product"

means any manufactured substance made from the tobacco plant, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion.

"Tobacco retailer"

means any person or business that operates a store, stand, booth, concession or other place at which the sales of tobacco products are made to purchasers for personal consumption or use.

(Ord. 1920 § 1, 2008)

It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter, for each location at which that activity is to occur.

It is a violation of a tobacco retailer's license for a licensee or his or her agent or employee to violate any local, state, or federal tobacco-related law.

(Ord. 1920 § 1, 2008)

Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. An application is required for each location where retail tobacco sales are to occur.

A. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer's license.

B. A license that is issued in error or on the basis of false or misleading information supplied by a proprietor may be revoked pursuant to Section 5.98.090. 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 proprietor;

2. The business name, address, and telephone number of the fixed location for which a tobacco retailer's license is sought;

3. The name and mailing address authorized by each applicant to receive all license-related communications and notices (the "authorized address"). Failure to supply an authorized address shall be understood to consent to the provision of notice at the business address specified in subsection (B)(2) of this section;

4. Whether any applicant has previously been issued a license pursuant to this chapter that is or was at any time suspended or revoked and, if so, the dates of the suspension period or the date of revocation;

5. Such other information as the city deems necessary for the administration or enforcement of this chapter.

(Ord. 1920 § 1, 2008)

The city council may by resolution establish fees for the administration of this chapter.

(Ord. 1920 § 1, 2008)

A. Upon receipt of an application for a tobacco retailer's license and the license fee, the city shall issue a license unless:

1. The application is incomplete or inaccurate; or

2. The application seeks authorization for tobacco retailing by a proprietor for which or whom a suspension is in effect or by a proprietor which or who has had a license revoked, pursuant to Section 5.98.090; or

3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, state or federal law;

4. The city has information that the proprietor or his or her agent or employee has violated any local, state or federal tobacco control law within the preceding thirty-day period.

B. A license shall be valid for one calendar year and must be renewed prior to the expiration of the payment term.

C. If the information required in the license application pursuant to Section 5.98.030(B)(1), (2) or (3) changes, a new tobacco retailer's license is required before the business may continue to act as a tobacco retailer. For example, if a proprietor to whom a license has been issued changes business location, that proprietor must apply for a new license prior to acting as a tobacco retailer at the new location. If the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.

(Ord. 1920 § 1, 2008)

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

(Ord. 1920 § 1, 2008)

A tobacco retailer's license is nontransferable and is valid only for the person and location of license issued for the period indicated, unless it is suspended or revoked for cause.

(Ord. 1920 § 1, 2008)

A. Positive Identification Required. No person shall engage in tobacco retailing without first examining the identification of the purchaser if the purchaser reasonably appears under the age of thirty years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age established by state law for being sold the tobacco product or tobacco paraphernalia.

B. Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of any tobacco product shall engage in tobacco retailing.

C. Self-Service Displays Prohibited. No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or engage in tobacco retailing by means of a self-service display. A tobacco retailer who chooses to display tobacco products or tobacco paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times.

(Ord. 1920 § 1, 2008)

A. In addition to any other penalty authorized by law, a tobacco retailer's license may be suspended or revoked if the city finds, after notice to the licensee and opportunity to be heard, that the licensee or his or her agents or employees has violated the conditions of the license imposed pursuant to Section 5.98.020 of this chapter:

1. Upon a finding by the city of a first license violation, a written warning will be issued;

2. Upon a finding by the city of a second license violation within a three-year period of the first violation, the license shall be suspended for up to thirty days;

3. If the second offense occurs within twelve months of the first, the license shall be suspended for up to ninety days;

4. Upon a finding by the city of a third violation within three years of the first violation, the license shall be suspended for up to ninety days;

5. Upon a finding by the city of a fourth violation within three years, the license shall be revoked.

B. A tobacco retailer's license may be revoked if the city finds, after notice and opportunity to be heard, that one of the following conditions exist. The revocation for one of the following conditions shall be without prejudice to the filing of a new application for a license.

1. The application is incomplete for failure to provide the information required by Section 5.98.030;

2. The information contained in the application, including supplemental information, if any, is found to be false in any material respect;

3. The application seeks authorization for a license that is wholly or partially unlawful as specified in Section 5.98.050(A)(3).

C. During a period of license suspension or revocation, the tobacco retailer must remove from public view all tobacco products and tobacco-related advertising.

(Ord. 1920 § 1, 2008)

Any licensee aggrieved by any decision of the city with respect to the suspension or revocation of such license may appeal to the city council by filing a written notice of appeal with the city clerk within ten days of the date of suspension or revocation. The city clerk shall thereupon fix a time and place for hearing such appeal. The city clerk shall give notice to such person of time and place of hearing by serving it personally or by depositing it in a United States Post Office in Los Angeles County, California, postage prepaid, addressed to the authorized address. The council shall have the authority to rule on all questions raised during such appeal.

(Ord. 1920 § 1, 2008)

Every person who violates any of the terms or conditions of a permit issued pursuant to this chapter or any of the regulations or provisions within this chapter shall be guilty of a misdemeanor. Each and every day such violation or violations occur or continue shall be a separate offense. In addition, any violation of the provisions of this chapter may be prosecuted as a civil administrative action pursuant to Chapter 1.23A or 1.23B of the Hawthorne Municipal Code.

(Ord. 1920 § 1, 2008)