Los Angeles County Municipal Code Ch. 7.83 Tobacco Shops

In promoting the health, safety, and general welfare of its residents, the County of Los Angeles has a substantial interest in encouraging compliance with federal, State, and local laws regulating tobacco sales and use; discouraging the purchase and use of tobacco products by anyone under the age of 21; increasing compliance with laws prohibiting the sale of tobacco products to anyone under the age of 21; and protecting children from being lured into nicotine and tobacco use through the illegal sale of products, including vaping products. It is the intent of the Ordinance codified in this Title, together with the additions and amendments to Title 11, to enforce responsible Tobacco Shop business and public health-related practices which prevent the sale or distribution of tobacco products to anyone under the age of 21. This Ordinance does not expand or reduce the degree to which the acts regulated by federal or State law are criminally proscribed or otherwise regulated.

(Ord. 2019-0049 § 3, 2019.)

For the purpose of this Chapter, the words and terms listed below shall have the following meanings:

A.

"Cigarette" is any roll of tobacco wrapped in paper or in any substance not containing tobacco, or any roll of tobacco wrapped in any substance containing tobacco, which is likely to be offered, or purchased as a cigarette, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling.

B.

"Electronic smoking device" is an electronic device which can be used to deliver an inhaled dose of nicotine or other substances, including any component, part, or accessory of such a device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar or cigarillo, electronic pipe, electronic hookah, vaping device, or any other product name or descriptor.

C.

"Little cigar" is any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand units. "Little cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar or cigarillo.

D.

"Loitering" means delaying or lingering without an apparently proper purpose for being on the property.

E.

"Smokers' lounge" has the same meaning as defined by the California Labor Code Section 6404.5 (e) (2) (A) and (B).

F.

"Tobacco paraphernalia" is any cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, characterizing flavors in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices, and any other item designed or used for the smoking or ingestion of tobacco products.

G.

"Tobacco product" means the following:

Any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, 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; or

Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device.

Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.

"Tobacco product" does not include drugs, devices or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Drug and Cosmetic Act.

H.

"Tobacco Shop" is any retail business devoted exclusively or predominantly to the sale of tobacco, tobacco products, and tobacco paraphernalia, including but not limited to cigarettes, cigars, pipe tobacco, electronic cigarettes, vaping devices, and any components, parts, or accessories.

(Ord. 2019-0049 § 3, 2019.)

A.

A business license is required for a Tobacco Shop, or a Tobacco Shop and Smokers' Lounge, pursuant to Title 7 Division 1 Chapter 7.04 of this Code.

B.

Notwithstanding Section 7.04.020 of this Code, any currently operating Tobacco Shop in the unincorporated areas of the County must, within 180 days of the effective date of the Ordinance codified in this Chapter, apply for a business license for each location pursuant to Division 1 of this Chapter.

C.

As of the effective date of this Ordinance, any retailer establishing a new Tobacco Shop must apply for and obtain a business license, in accordance with Section 7.04.020 of this Code.

D.

The Tobacco Shop business license may be issued to authorize sales of tobacco products from a fixed location only. Tobacco retailing on foot or from vehicles, carts, or any other non-fixed location, is prohibited.

E.

To operate as a Tobacco Shop in the unincorporated areas of the County, the business must possess a valid business license, and a valid Tobacco Retail License issued pursuant to Title 11 of this Code, in addition to any other required or applicable licenses, permits, or certifications. Revocation or suspension of the Tobacco Retail License, for any period, automatically revokes or suspends the Business License for the same period.

F.

Each day that a person or proprietor of a Tobacco Shop sells or offers for sale, tobacco, tobacco products, or tobacco paraphernalia in the unincorporated areas of Los Angeles County without a valid County of Los Angeles business license constitutes a separate violation of this Ordinance.

(Ord. 2019-0049 § 3, 2019.)

The operation and maintenance of a Tobacco Shop must conform to every provision of this Chapter.

A.

A recognizable and readable sign clearly identifying the Tobacco Shop shall be posted at the building entrance of the Tobacco Shop. Signage must meet the requirements of this Code.

B.

Exterior facing advertisements of tobacco products may not occupy an area larger than 14 square feet. Such advertisements may not be placed next to any other outward facing advertisement so as to create a single mosaic type advertisement larger than 14 square feet. It is a violation of this Chapter to violate any local, State, or federal law regulating exterior storefront window or door advertising.

C.

No one under the age of 21, unless United States Military with valid identification of active service, is allowed in or on the premises of a Tobacco Shop. A sign stating, "No one under the age of 21 unless United States Military with valid identification of active service is allowed on these premises" shall be posted at the entrance of the Tobacco Shop.

D.

Any sale of tobacco, tobacco products or tobacco paraphernalia to any person under the age of 21 is prohibited. Active United States Military with valid identification may purchase tobacco, tobacco products, or tobacco paraphernalia at age 18, in accordance with State law.

E.

All areas of the entire exterior grounds of the Tobacco Shop, including the parking lot, require sufficient exterior lighting, so that all such areas are clearly visible during business hours.

F.

All cash registers and credit/debit card point of sale equipment must produce a receipt with a receipt number generated automatically and recorded with each transaction. After the collection of funds, the cashier shall offer a copy of the receipt to the customer. Prior to leaving the cash register or work area for any reason, the cashier will lock the cash drawer and remove

the key, keeping it in their possession. All cash registers and point of sale equipment must produce end of day report totals for verification of the cash and cash equivalents collected and deposited into a bank account.

(Ord. 2019-0049 § 3, 2019.)

A.

Consuming food or beverages, including alcohol, by patrons, or providing food or beverages, including alcohol, to patrons for consumption on the premises of a Tobacco Shop is prohibited.

B.

A permanent sign or signs in a place clearly visible to patrons of the Tobacco Shop stating, "No consumption of food, beverages, or alcohol is allowed on these premises" is required pursuant to requirements of this Code.

(Ord. 2019-0049 § 3, 2019.)

A.

Tobacco, tobacco products, and tobacco paraphernalia may not be used inside the Tobacco Shop premises, except as permitted in a Smokers' Lounge pursuant to Section 7.83.070 of this Chapter.

B.

A permanent sign or signs posted at the building entrance and in a place clearly visible to patrons inside the Tobacco Shop stating, "No use of tobacco, tobacco products, or tobacco paraphernalia is allowed on these premises" is required, except for in a Smokers' Lounge. The permanent signs must meet any additional requirements of this Code.

(Ord. 2019-0049 § 3, 2019.)

A.

A separate business license is not required for operation of a Smokers' Lounge.

B.

Smoking, use of tobacco, tobacco products, or tobacco paraphernalia is permitted only in a Smokers' Lounge.

C.

Consuming food or beverages, including alcohol, by patrons, or providing food or beverages, including alcohol, to patrons for consumption on the premises of a Smokers' Lounge is prohibited.

D.

A permanent sign or signs posted in a place clearly visible to patrons of the Smokers' Lounge stating, "Consuming food or beverages, including alcohol, by patrons, or providing food or beverages, including alcohol, to patrons, is prohibited in the Smokers' Lounge" is required. The permanent signs must meet any additional requirements of this Code.

E.

No one under the age of 21, unless the patron has an active United States Military identification card and is at least 18 years old, is allowed in or on the premises of a Smokers' Lounge.

F.

Smokers' Lounges shall post a permanent sign or signs at the entrance to the building or structure and in a place clearly visible to patrons inside the Tobacco Shop stating, "Smoking is prohibited except in designated areas." The permanent signs must meet any additional requirements of this Code.

(Ord. 2019-0049 § 3, 2019.)

A.

Loitering in or around the Tobacco Shop is prohibited. Tobacco Shops must ensure the absence of loitering.

B.

A permanent sign or signs posted at the entrance to the building or structure and in a place clearly visible to patrons on the exterior areas the Tobacco Shop stating, "No loitering is allowed" is required. The permanent signs must meet any additional requirements of this Code.

(Ord. 2019-0049 § 3, 2019.)

The Tobacco Shop must comply with all applicable federal and State law, and all requirements of this Code. Failure to comply with any provision of this Code constitutes a violation of the Code and may serve as grounds for denial of an Application, issuance of a fine, revocation or suspension of a business license, or modification of a business license, pursuant to Title 7 Division 1, or legal action.

(Ord. 2019-0049 § 3, 2019.)

Nothing in this Chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter, or the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. 2019-0049 § 3, 2019.)