Manhattan Beach Municipal Code Ch. 4.118 Prohibition of the Retail Sale of Tobacco Products and Electronic…

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Editor's note— Ord. No. 20-0007, § 1, adopted February 18, 2020, repealed ch. 4.118, §§ 4.118.010—4.118.130 and enacted a new ch. 4.118 as set out herein. Former ch. 4.118 pertained to permits for retailers of tobacco products and/or electronic smoking devices and derived from Ord. No. 15-0020, § 1, adopted December 1, 2015.

For the purposes of this chapter, the following definitions shall apply:

"Electronic smoking device" means (1) an electronic or battery-operated device that can deliver an inhalable dose of nicotine to the user or (2) any product intended or sold for use with such a device. "Electronic smoking device" includes any product meeting this definition, regardless of whether it is manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaping device, vaporizer, or any other product name or descriptor. "Electronic smoking device" also includes any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver an inhalable dose of nicotine to a person.

"Retailer" means any person who sells, exchanges, or offers to sell or exchange, for any form of consideration, tobacco products or electronic smoking devices. "Retailing" shall mean the doing of any of these things.

"Tobacco product" means any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. "Tobacco product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(§ 1, Ord. 20-0007, eff. January 1, 2021)

It shall be unlawful for any person to sell a tobacco product or electronic smoking device in the city.

(§ 1, Ord. 20-0007, eff. January 1, 2021)

A. Any violation of this chapter is hereby declared to be a public nuisance.

B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

C. Violations of this chapter may be remedied by a civil action brought by the city, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. For the purposes of the civil remedies provided in this chapter, each day on which a tobacco product or electronic smoking device is offered for sale in violation of this chapter, and each individual retail tobacco product or electronic smoking device that is distributed, sold, or offered for sale in violation of this chapter, shall constitute a separate violation of this chapter.

D. The city prosecutor shall have discretion to prosecute violations of this chapter as infractions or misdemeanors.

E. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(§ 1, Ord. 20-0007, eff. January 1, 2021)