Monterey Park Municipal Code Ch. 9.89 Self-Service Display of Tobacco Products

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

"Cigar lounge"

means a private smokers' lounge of an enclosed area in or attached to a retail or wholesale tobacco shop that is dedicated to the use of tobacco products.

"Person"

means any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.

"Self-service display"

means the open display of tobacco products to which the public has access without the intervention or assistance of the vendor, including but not limited to a rack, shelf, or counter-top display.

"Tobacco product"

means any substance containing tobacco leaf, including but not limited to cigarettes, cigar, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco.

"Tobacco retailer"

means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or smoking accessories; "tobacco retailing" shall mean engaging in any of these things.

"Tobacco shop"

means a business establishment whose main or principle purpose is the sale of tobacco products, including but not limited to, cigars, pipe tobacco, and smoking accessories.

"Vendor-assisted sale"

means a purchase requiring a direct, face-to-face exchange between the vendor and the customer, in which the vendor has access to the tobacco product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.

(Ord. 1967 § 1, 2000)

It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of a self-service display, or by any means other then vendor-assisted sales. This prohibition shall not apply to tobacco shops and cigar lounges.

(Ord. 1967 § 1, 2000)

The seller of any tobacco products shall require photographic identification if a purchaser reasonably appears to be under twenty-five years of age. In compliance with federal and state law, tobacco products shall not be sold to anyone under eighteen years of age.

(Ord. 1967 § 1, 2000)

Any owner or manager of a business or other establishment subject to this section may apply to the community development director or designee for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions not related to youth access to tobacco products or the public's exposure to second hand smoke. Such exemption shall be granted only if the community development director or designee finds from the evidence presented by the applicant that the applicant cannot comply with the provisions of this chapter for which an exemption is requested without incurring significant expenses for structural or other physical modifications.

(Ord. 1967 § 1, 2000)