Monterey Park Municipal Code Art. 1 General Provisionsm

This chapter is adopted pursuant to the city's police powers for the purpose of promoting compliance with federal, state, and local laws that regulate the sale and use of tobacco products and paraphernalia. Nothing in this chapter is intended to, nor does it, duplicate or conflict with applicable local, state, or federal laws.

(Ord. 2075 § 2, 2010)

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

"Cannabis"

has the same meaning as defined in Health and Safety Code Section 11018.

"Cannabis product"

means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, without limitation, concentrated cannabis.

"Chief"

means the police chief or designee;

"Department"

means the Monterey Park police department;

"Electronic cigarette"

has the same meaning as set forth in Health and Safety Code Section 119405 and similar devices intended to emulate smoking, which permit a person to inhale vapors or mists that may or may not include nicotine;

"Person"

means any natural person or legal entity;

"Proprietor"

means a person with an ownership or managerial interest in a business. An ownership interest is deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest is deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business;

"Response costs"

means the cost associated with responses by law enforcement, fire, and other public services (for example, and not limitation, public works or building safety) to ensure compliance with this chapter including, without limitation:

(1)

Salaries and benefits of personnel for the amount of time spent responding to, remaining at, or otherwise ensuring compliance with this chapter at licensed premises and the administrative costs attributable to such response(s),

(2)

The cost of repairing any city equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at or leaving licensed premises, and

(3)

Any other costs recoverable in compliance with Civil Code Section 1714.9;

"Smoking paraphernalia"

means cigarette papers or wrappers; pipes; holders of smoking materials of all types including, without limitation, electronic cigarettes; cigarette rolling machines; and any other item designed for smoking or ingestion of cannabis, cannabis products, tobacco, or tobacco products;

"Tobacco paraphernalia"

means cigarette papers or wrappers; pipes; holders of smoking materials of all types including, without limitation, electronic cigarettes; cigarette rolling machines; and any other item designed for smoking or ingestion of tobacco products;

"Tobacco product"

means any substance containing tobacco leaf, including, without limitation, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco;

"Tobacco retailer"

means any person that operates a store, stand, concession, or other place at which sales, or other exchanges for value, of tobacco products are made to purchasers for consumption or use.

(Ord. 2075 § 2, 2010; Ord. 2112 § 3, 2014; Ord. 2188 § 2, 2020)

(a) It is unlawful for any person to act as a tobacco retailer without a valid license issued pursuant to this chapter for each location at which activity is proposed to occur.

(b) It is unlawful for any person to act as a tobacco retailer from other than a fixed location within the city's jurisdiction.

(c) It is unlawful for any person to cause, permit, aid, abet, or conceal a violation of any provision of this chapter.

(Ord. 2075 § 2, 2010)

The chief and department are authorized to administer and enforce this chapter.

(Ord. 2075 § 2, 2010)

(a) Where the provisions of this chapter require that an applicant/licensee be served with notice, such notice is deemed served when personally delivered to such applicant/licensee or when deposited in the first class U.S. mail, addressed to such applicant/licensee at the applicant/licensee's last known address.

(b) Unless otherwise provided, written notification to an applicant/licensee of a license decision will state with particularity the basis for such decision.

(Ord. 2075 § 2, 2010)