Loomis Municipal Code Ch. 7.28 Use and Sale of Vaping and Tobacco Products

This chapter shall be known as the Use and Sale of Vaping and Tobacco Products Ordinance. The purpose of this chapter is to protect the public health, safety, and general welfare of residents and guests of the town of Loomis by enhancing the ability of law enforcement to deter the consumption and use of vaping and tobacco products by minors and to hold those that sell flavored e-liquid to minors accountable. This chapter is not intended to interfere with existing state and local laws.

(Ord. 283 § 1, 2020)

The terms used in this chapter shall have the following meanings:

"Electronic smoking device"

means an electronic device which can be used to deliver an inhaled dose of any substance, including any component, part, or accessory of such a device, whether or not sold separately, commonly used for vaping.

"Flavored e-liquid (also known by various names such as "e-juice" and "vape juice")"

means any product that is used in an electronic smoking device and contains a constituent that imparts a characterizing flavor to the product or smoke produced by the electronic smoking device, either by the addition of artificial or natural flavors or an herb or spice, including, but not limited to, menthol, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee.

"Minor"

is any person under twenty-one years of age.

"Park"

includes parks, playgrounds, and sports facilities operated by the town, Placer County, or any school.

"Sale"

means the exchange of a good or service for any form of consideration, whether monetary or other, by a person or business.

"School"

means any place of public or private instruction in kindergarten, elementary, secondary, middle, or high school grades. School also includes any licensed child care center.

"Tobacco diversion program"

means a rehabilitation program primarily aimed at educating participants on the health and safety impacts from the use of tobacco products.

"Tobacco product"

means any product containing, made, or derived from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff. Tobacco product also means any item designed or marketed for the consumption, use, or preparation of tobacco or tobacco flavored product.

"Tobacco retailer"

means a person or a business with a valid business license from the town pursuant to Chapter 5.04 and a valid tobacco retailer's license from the state pursuant to Business and Professions Code Section 22972 for the same location.

"Vaping"

means smoking with the aid of an electronic smoking device, e-cigarette, or other vaping device that heats liquid commonly called e-liquid.

(Ord. 283 § 1, 2020)

It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any minor to possess or use flavored e-liquid or any tobacco product within the town. When a minor is found in possession of flavored e-liquid or a tobacco product, it shall be prima facie evidence that they are in violation of this chapter.

(Ord. 283 § 1, 2020)

It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person or business to create, permit, or otherwise allow, tacitly or otherwise, for the sale, offer for sale, or display for sale of any flavored e-liquid within the town.

(Ord. 283 § 1, 2020)

A. Except as permitted in subsection B of this section, it is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person or business to create, permit, or otherwise allow, tacitly or otherwise, the sale, offer for sale, or display for sale of any tobacco product within one thousand feet of any park or school property.

B. Tobacco retailers in existence as of January 1, 2020 may continue to sell tobacco products within the business premises, defined in their business license from the town, so long as the following conditions are met:

1. There is no lapse or revocation in either the business license from the town or the tobacco retailer's license from the state;

2. The volume of tobacco products offered for sale at the tobacco retailer on the date of enactment of this chapter is not increased, even if the total space open to the public at the tobacco retailer is expanded at the same location;

3. No tobacco product is within ten feet from any access point, including any window or door, to the tobacco retailer; and

4. The tobacco retailer does not have any advertisements for tobacco products that are visible at any time from the public right-of-way.

(Ord. 283 § 1, 2020)

A. Notice of Violation. An enforcement officer may issue a notice of violation of this chapter and administrative citation to any person or business in violation of this chapter. Such notice shall be delivered via first-class mail or personally delivered. Such notice shall contain the following information: (1) the name of the person or business in violation of this chapter; (2) facts and circumstances surrounding the violation, including the date and approximate time; (3) the amount of administrative penalty assessed pursuant to this chapter; and (4) identification of the right, method, and time to appeal the citation.

B. Appeals. Appeals of administrative citations issued under this chapter shall be governed by, and conducted pursuant to, Sections 1.20.060 and 1.20.070 of this code.

C. Administrative Penalty. The total administrative penalty for violation of this chapter may be deemed a debt owed to the town by any person who violates this chapter. Any person owing such a debt may be liable in an action brought in the name of the town for recovery of the same.

1. The first violation may result in a citation with a one hundred dollar penalty.

2. The second violation within one year may result in a citation with a two hundred dollar penalty.

3. The third and any subsequent violation within one year may result in a citation with a five hundred dollar penalty.

D. Tobacco Diversion Program. Where a violation of this chapter is committed by a minor, the administrative citation may be exonerated and the penalty waived or refunded if, within six months of the citation, the person provides documentation to the town of their participation in a tobacco diversion program approved by the town.

E. All remedies set forth in this chapter are cumulative and the use of one or more remedies shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. 283 § 1, 2020)

Nothing in this chapter shall be construed as imposing on the town any duty to issue any violations of this chapter, and the town shall not be held liable for failure to issue a citation for violation of this chapter.

(Ord. 283 § 1, 2020)

The provisions of this chapter are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.

(Ord. 283 § 1, 2020)

Chaper 7.30. FIRE HAZARD SEVERITY ZONES