Mammoth Lakes Municipal Code Ch. 9.32 Tobacco and Related Products

Footnotes:

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Editor's note— Ord. No. 26-01, § 2(exh. A), adopted Feb. 18, 2026, amended Ch. 9.32 in its entirety to read as herein set out. Former Ch. 9.32, §§ 9.32.010—9.32.130, pertained to similar subject matter, and derived from Code 1990, §§ 9.24.010—9.24.080, 9.26.010—9.26.050; Ord. No. 06-06, § 2(exh. A), adopted in 2006; Ord. No. 14-04, §§ 2(exh. A), 3, adopted April 16, 2014; and Ord. No. 20-01, § 1(exh. A), adopted Feb. 5, 2020.

Substantial scientific evidence exists that the use of tobacco products and electronic cigarettes (vapes) cause cancer, heart disease, and various other medical diseases. The Surgeon General of the United States has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S. This chapter describes the regulation of tobacco product sales within the Town of Mammoth Lakes to help support the health and wellbeing of residents and visitors, in a manner consistent with State law.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business means any sole proprietorship, joint venture, corporation, association, or other business entity formed for profit-making purposes or that has an employee, 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.

Characterizing flavor means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.

Dining area means any area available to or customarily used by the general public that is designed, established, or regularly used for consuming food or drink.

E-cigarette/vape means a device capable of providing an inhalable dose of nicotine or tobacco or any other substances by delivering an aerosol or vaporized solution, including any component, part or accessory of such device, whether or not sold separately.

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

Employer means any person, partnership, corporation, association, nonprofit, or other entity who employs or retains the service of one or more persons or supervises volunteers.

Enclosed means:

(1) Any covered or partially covered space having more than 50 percent of its perimeter area walled in or otherwise closed to the outside, such as a covered porch with more than two walls.

(2) Any space open to the sky (hereinafter uncovered) having more than 75 percent of its perimeter area walled in or otherwise closed to the outside, such as a courtyard.

Except that an uncovered space of 3,000 square feet or more, such as a field or an open-air arena, shall not be considered "enclosed" for purposes of this chapter.

Flavored tobacco product means any tobacco product that contains a constituent that imparts a characterizing flavor. "Flavored tobacco product" includes any tobacco product, other than looseleaf tobacco, a premium cigar, or a shisha tobacco product, that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to California Health and Safety Code Section 104559.1.

Manufacturer means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.

Minor child or children means any individual less than 18 years of age.

Multiunit residence means a building or portion thereof that contains more than one dwelling space consisting of essentially complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A single-family house shared by roommates is not a multiunit residence for purposes of this chapter.

Multiunit residence common area means any indoor or outdoor common area of a multiunit residence accessible to and usable by more than one residence, limited to halls, lobbies, laundry rooms, outdoor eating areas, swimming pools, and recreation areas.

Nonprofit entity means any entity that meets the requirements of Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a nonprofit entity within the meaning of this section.

Park means park and recreation facilities operated by the Town, including Shady Rest Park, Mammoth Creek Park, Community Center Park, Whitmore Park, Trails End Park, Park at the Parcel, and Mammoth Lakes Community Dog Park.

Place of employment means any area under the legal or de facto control of an employer, business, or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, but regardless of the hours of operation, includes indoor and outdoor work areas, construction sites, vehicles used in employment for business purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health facilities, warehouses, and private residences that are used as childcare or health care facilities subject to licensing requirement.

Playground means any park or recreational area designated in part to be used by children that have play or sports equipment installed or has been designated or landscaped for play or sports activities, or any similar facility located on private school grounds or on Town property.

Public place means any place, public or private, open to the general public regardless of any fee or age requirement, including bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses.

Reasonable distance means a distance that ensures that occupants of an area which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum of 20 feet.

Recreational area means any area, public or private, open to the public for recreational purposes regardless of any fee requirement, including parks, gardens, sporting facilities, stadiums, playgrounds, trails, and ski areas.

Self-service merchandising, sales or displays means open displays of smoking products and point-of-sale smoking-related promotional products that the public has access to without the intervention of an employee.

Service area means any area designated to be or regularly used by one or more persons to receive or wait to receive service, enter a public place, or make a transaction whether or not such service includes the exchange of money, including ATMs, bank teller windows, telephones, ticket lines, bus stops, and cab stands.

Significant tobacco retailer means any tobacco retailer that derives 75 percent or more of gross sales receipts from the sale or exchange of tobacco products, smoking paraphernalia, and or vapes.

Smoke or smoking means possessing a lighted pipe, cigar, cigarette, e-cigarette, or vape of any kind or the lighting, emitting or exhaling the smoke of a pipe, cigar, cigarette, e-cigarette, or vape of any kind.

Smoking paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarettes, vapes, and any other item designed for the smoking or ingestion of smoking products.

Smoking product means any substance or product containing nicotine or tobacco that is meant to be used in conjunction with an e-cigarette, vape, or any other type of smoking or vaporizing contraption, including, but not limited to, joints, cigarettes, cigars, bongs or pipes. The term "smoking product" also means Indian cigarettes called bidis, and cartridges and liquid solutions for e-cigarettes, which may be utilized for smoking, chewing, inhaling or other manner of ingestion.

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

Smoking vending machine means any electronic or mechanical device or appliance, the operation of which depends upon the insertion of money, whether in coin or paper currency, a debit or credit card, or other things representative of value, which dispenses or releases a smoking product.

Tobacco or tobacco product.

(1) The term "tobacco" or "tobacco product" means:

a. Any product containing, made, or derived from tobacco leaf or nicotine 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, or snuff.

b. Any electronic device that delivers nicotine or other similar substances to the person inhaling from the device, including, but not limited to, any type of vaping device, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah.

c. Any component, part, cartridge or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.

(2) The term "tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product (e.g., Nicorette gum, patch, etc.) or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

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

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

(a) No person or business shall engage in the sale of a smoking product without first posting a plainly visible sign at the point of purchase of smoking products which states: "The sale of smoking products to persons under 21 years of age is prohibited by law. Photo identification is required to purchase smoking products." The letters of the sign shall be at least one-quarter-inch in height.

(b) No person, business, smoking retailer, or owner, manager or operator of any establishment subject to Sections 9.32.010 through 9.32.070 shall sell, offer to sell or permit to be sold any smoking product to an individual without requesting and examining identification establishing the purchaser's age as 21 years or greater unless the seller has some reasonable basis for determining the buyer's age.

(c) No person, business, smoking retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products unless it is in the original packaging provided by the manufacturer and includes all required health warnings.

(d) It shall be unlawful for any person, business or smoking retailer to sell, permit to be sold, offer for sale or display for sale any smoking product by means of self-service merchandising or by means other than vendor-assisted sales.

(e) No person, business or smoking retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on premises of same any smoking vending machine for the purposes of selling or distributing any smoking product.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

(a) No tobacco retailer or any of the tobacco retailer's agents or employees shall sell or offer for sale, or to possess with intent to sell or offer for sale, any tobacco product not on the Unflavored Tobacco List established and maintained pursuant to California Health & Safety Code Section 104559.1, with the exception of: (i) premium cigars; (ii) shisha tobacco products; and (iii) looseleaf tobacco, that do not meet the definition of "flavored tobacco product" set forth in Section 9.32.020.

(b) There shall be a rebuttable presumption that a tobacco retailer in possession of flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with the intent to sell or offer them for sale.

(c) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:

(1) Made a public statement or claim that the tobacco product imparts a characterizing flavor;

(2) Used text or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or

(3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

Sections 9.32.010 through 9.32.070 shall not be interpreted or construed to permit smoking vending machines and distribution of smoking product samples where they are otherwise restricted by other applicable laws. Nor shall this article be construed to be cause for breach of any pre-existing private contract, or cause for interference with regulations imposed by State or Federal law or related to interstate commerce.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

(a) Any person, business or tobacco retailer who violates any provision of Sections 9.32.010 through 9.32.070 shall, upon conviction thereof, be subject to penalties as specified in Chapter 1.12.

(b) The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signage required by Sections 9.32.010 through 9.32.070.

(c) It shall be the responsibility of employers to disseminate information concerning the provisions of Sections 9.32.010 through 9.32.070 to employees.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

(a) No person or employee shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of Sections 9.32.010 through 9.32.070.

(b) No person shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against another person because such other person seeks to attain compliance with provisions of Sections 9.32.010 through 9.32.070.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

The use of smoking products of any kind, including, but not limited to, chewing tobacco, cigars and cigarettes, e-cigarettes, vapes, and the discarding of lighted or unlighted cigarettes, cigars, or discarding of e-cigarettes is prohibited in Town parks which contain children's parks (playgrounds, pools, skate parks) or other structures built or installed for public use by children.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

• Use in work and other public places—Prohibition of smoking in public places, places of employment and certain other areas.

(a) Enclosed places. Smoking shall be prohibited in the following enclosed places within the Town except in such places in which smoking is already prohibited by State and Federal law, in which case, the State or Federal law applies:

(1) Public places;

(2) Places of employment;

(3) Multi-unit residence common areas;

(4) Enclosed areas adjacent to an enclosed area in which smoking is prohibited by any other section of this Code, State law, or Federal law and that have a common or shared air space, such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space; and

(5) Enclosed areas that have a common or shared ventilation, air conditioning or heating system with an enclosed area in which smoking is prohibited. Notwithstanding any other provision, the fact that smoke enters one enclosed area from another enclosed area is conclusive proof that the areas share a common or shared air space.

(b) Unenclosed places. Smoking shall be prohibited in the following unenclosed places within the Town except in such places in which smoking is already prohibited by State or federal law, in which case, the State or Federal law applies:

(1) Places of employment;

(2) Service areas;

(3) Public places, including dining areas;

(4) Multiunit residence common areas;

(5) Ticket, boarding, and waiting areas of transit depots; and

(6) The sites of public events, including, for example, sports events, entertainment, speaking performances, ceremonies, pageants, and fairs.

(c) Disposal of smoking waste. No person shall dispose of waste consisting of or derived from smoking paraphernalia or smoking products within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance required by this chapter.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

(a) Smoking in unenclosed areas shall be prohibited within a reasonable distance from any entrance, opening, crack, or vent into an enclosed area in which smoking is prohibited.

(b) Smoking in unenclosed areas shall be prohibited within a reasonable distance from any unenclosed area in which smoking is prohibited under Section 9.32.090(b).

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

• Use in work and other public places—Duty of person, employer, business or nonprofit entity.

(a) Notwithstanding any other provision of Sections 9.32.080 through 9.32.120, any owner, landlord, employer, business, nonprofit entity, or any other person who controls any property, establishment, or place of employment regulated by Sections 9.32.080 through 9.32.120 may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area.

(b) "No smoking" or "smoke free" signs, with letters of no less than one-half inch in height, or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every enclosed and unenclosed place in which smoking is prohibited by Sections 9.32.080 through 9.32.120, by the person, employer, business, or nonprofit entity that has legal or de facto control of such place. For purposes of Sections 9.32.080 through 9.32.120, the Town Manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the Town. Notwithstanding this provision, the presence or absence of signs shall not be a defense against the violation of any other provision of this chapter.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)

(a) Violations of Sections 9.32.080 through 9.32.120 shall be prosecuted as infractions pursuant to Chapter 1.12.

(b) Any person who smokes in an area where smoking is prohibited is guilty of trespass and, if the area is accessible by the public or any other employee during the normal course of operations, such smoking constitutes a public nuisance.

(c) Causing, permitting, aiding, abetting, or concealing a violation of any provision of Sections 9.32.080 through 9.32.120 shall also constitute a violation.

(d) The remedies provided by Sections 9.32.080 through 9.32.120 are cumulative and in addition to any other remedy available at law or in equity.

(e) Enforcement of Sections 9.32.080 through 9.32.120 shall be the responsibility of the Town Police Department. Any peace officer or code enforcement official also may enforce Sections 9.32.080 through 9.32.120.

(Ord. No. 26-01, § 2(exh. A), 2-18-2026)