Lassen County Municipal Code Ch. 9.55 Restriction of Access by Minors to Tobacco Products and the Prohibition…

"Business"

means any sole proprietorship, joint venture, corporation or other business entity formed for profit making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

"County"

means the county of Lassen.

"Employee"

means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.

"Minor"

means any individual who is less than eighteen years old.

"Nonprofit entity"

means any corporation, unincorporated association or other entity created for charitable philanthropic, educational character-building, political, social or other similar purpose, the net proceeds for the operations of which are committed to the promotion of the objects or purposes of the entity and not to private gain. A public agency is not a "non-profit entity" within the meaning of this section.

"Person"

means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

"Self-service merchandising"

means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.

"Tobacco product"

means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion.

"Tobacco retailer"

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

"Tobacco vending machines"

means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether by coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product.

"Vender-assisted"

means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

(Ord. 501-D § 1, 1999)

(a) It is unlawful to engage in the sale of tobacco products without posting a plainly visible sign at the point of purchase of tobacco products which has wording similar to: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING TO BE 26 AND YOUNGER." The letters of the sign shall be at least one quarter inch high.

(b) It is unlawful for any business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance to sell, offer to sell or permit to be sold any tobacco products to an individual without requesting and examining identification of customers appearing to be twenty-six and younger for the purpose of establishing the purchaser's age as eighteen years or greater, unless the seller has some other reasonable basis for determining the buyer's age.

(c) It is unlawful for any person, business, tobacco retailer or other establishment to sell, permit to be sold offer for sale or display for sale tobacco products by means of self-service merchandising or by means other than vendor assisted sales.

(d) It is unlawful for any person, business tobacco retailer or other establishment to locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. Any tobacco vending machine in use on the effective date of the ordinance codified in this chapter shall be removed.

(Ord. 501-D § 1, 1999)

(a) Enforcement of this chapter shall be by the environmental health officer or other employee or representative designated by the board of supervisors.

(b) Any citizen may register a complaint under this chapter with the environmental health officer or other designated employee or representative designated by the board of supervisors.

(c) Any regularly conducted county inspection may include a requirement for certification by the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been implemented.

(d) The environmental health officer or other employee or representative designated by the board of supervisors may inspect for compliance with regulations of this chapter.

(Ord. 501-D § 1, 1999)

A violation of any provision of this chapter is declared to be an infraction and shall be punishable by a fine not exceeding two hundred fifty dollars.

(Ord. 501-D § 1, 1999)