Chapter 8 — BAN ON SELF SERVICE TOBACCO DISPLAYS

The City Council hereby finds and declares that a ban on the use of self service displays of tobacco products is necessary to protect the health, safety and welfare of youth by reducing and/or restricting the availability of these products to those persons under the age of 18 years. Self service tobacco displays contribute to youth use of tobacco by promoting shoplifting and illegal sales. The restrictions of availability of tobacco products to minors is a goal of the city.

(Ord. 711 C.S., passed 11-3-99)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MINOR. Any person under 18 years of age.

SELF SERVICE DISPLAY. Any display of tobacco product merchandise that does not require assistance of the seller for the buyer to acquire or possess that product.

TOBACCO PRODUCT. Any substance containing tobacco leaf, including but not limited to tobacco, cigarettes, cigars, pipe tobacco, smokeless tobacco, snuff, Indian cigarettes called "bidis" or any other form of tobacco, which may be utilized for smoking, chewing, inhaling, snuffing or other manner of ingestion or absorption in the human body.

TOBACCO SHOPS. Any business establishment in which 50 percent or more of any one or more of the following is devoted to or attributable to the sale of pipe tobacco or cigars: wall space or any other display area such as tables, racks or display structures; or gross revenues.

(Ord. 711 C.S., passed 11-3-99)

It is unlawful for any person to sell, transfer, permit to be sold or offer for sale, or display for sale, any tobacco product by any means of self service merchandising, including but not limited to self service display, rack, countertop or shelf or any other means other than vendor assisted sales. All tobacco products shall be offered for sale or transfer exclusively by means of vendor assistance, and all tobacco products shall be either in a locked case or in an area not accessible to the public prior to sale and which is accessible only to the employees of the business. (Ord. 711 C.S., passed 11-3-99)

This prohibition shall not apply to tobacco shops, tobacco product vending machines located at least 15 feet inside any entrance to an on-sale public premises, licensed in accordance with Cal. Bus. & Prof. Code § 23039, the State Department of Alcoholic Beverage Control or otherwise located in facilities where a tobacco retailer ensures that no person younger than 18 years of age is present, or permitted to enter the premises at any time. (Ord. 711 C.S., passed 11-3-99)

The first violation of any provision of this chapter is an infraction and is punishable by a fine not exceeding $100. A second violation of this chapter by any person within 12 months of a prior violation of this chapter is an infraction punishable by a fine not to exceed $200. Any third or subsequent violation of this chapter by any person within 12 months of two prior convictions for violating any provision of this chapter and/or the forfeiting of bail in connection with two prior violations of this chapter is a misdemeanor.

(Ord. 711 C.S., passed 11-3-99)