Los Banos Municipal Code Ch. 7 Tobacco Displays

(a) The purpose of this chapter is to regulate self-service displays of tobacco products, thereby restricting the availability of these products to those persons under the age of 18 years.

(b) The City Council of the City of Los Banos finds that use of tobacco products is detrimental to human health; that a large majority of persons who use tobacco products start that use as minors, and; that restricting the availability of tobacco products to minors is a goal of the City.

(§ 1, Ord. 924, eff. June 6, 1997, as amended by § 9, Ord. 1161, eff. February 17, 2018)

For the purpose of this section a "self-service display" shall mean any display of tobacco product merchandise that does not require assistance of the seller, for the buyer to acquire or possess that product.

(§ 1, Ord. 924, eff. June 6, 1997, as amended by § 9, Ord. 1161, eff. February 17, 2018)

It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, display, or offer for sale any tobacco product by means of a self-service display.

(§ 1, Ord. 924, eff. June 6, 1997, as amended by § 9, Ord. 1161, eff. February 17, 2018)

(a) Cigarette or tobacco product vending machines located at least fifteen (15′) feet inside any entrance to an on-sale public premises licensed in accordance with Section 23039 of Business and Professions Code, by the Department of Alcoholic Beverage Control are exempt from Section 11-7.03.

(b) Cigarette or tobacco product vending machines or self-service displays that are located in facilities where the person, business, or tobacco retailer ensures that no person younger than 18 years of age is present, or permitted to enter the premises, at any time.

(§ 1, Ord. 924, eff. June 6, 1997, as amended by § 9, Ord. 1161, eff. February 17, 2018)

Violation of Section 11-7.03 is a misdemeanor offense as outlined in Section LBMC 1-2.01.

(§ 1, Ord. 924, eff. June 6, 1997, as amended by § 9, Ord. 1161, eff. February 17, 2018)