Moraga Municipal Code Art. 1 General Provisions

The purpose of this chapter is to promote the general health and welfare of citizens of the town as well as the welfare of minors by discouraging the commercial exploitation of potential underage tobacco and electronic smoking device users and by discouraging actions that promote the unlawful sale of tobacco products to minors, the unlawful purchase or possession of tobacco products by minors. No part of this chapter shall be construed to regulate children's health. To the extent this chapter regulates speech, it shall be deemed to exclusively regulate commercial speech.

(Ord. No. 302, § 3, 10-26-2022)

As used in this chapter the following meanings shall apply:

"Characterizing flavor" means a distinguishable taste or aroma imparted by a tobacco product or any byproduct produced by the tobacco product that is perceivable by an ordinary consumer by either the sense of taste or smell, other than the taste or aroma of tobacco. A "characterizing flavor" includes, but is not limited to, a taste or aroma relating to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of distinguishable taste or aroma, or both, as described in the first sentence of this definition that constitutes a characterizing flavor.

"Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacturing, or packing of the tobacco product.

"Distribute" means to give out or deliver to any person.

"E-liquid" means any substance that is intended to be consumed in aerosolized or vaporized form using an electronic smoking device, regardless of the nicotine content of the substance.

"Electronic cigarette" has the meaning set forth in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time.

"Electronic smoking device" means any device or delivery system that can be used to deliver to a person, in aerosolized or vaporized form, nicotine, tetrahydrocannabinol, or any other cannabinoid, including, but not limited to an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vape pen. The term "electronic smoking device" also includes any component, part, or accessory of such a device, including, but not limited to a cartridge that is used during the operation of the device.

"Flavored tobacco product" means any tobacco product that contains a constituent that imparts a characterizing flavor.

"Minor" means anyone under the age of twenty-one (21) years.

"Person" means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.

"Tobacco product" means a tobacco product as defined in paragraph (8) of subdivision (a) of Section 104495 of the California Health and Safety Code, as that provision may be amended from time to time.

"Tobacco retailer" means any store, stand, booth, concession or any other enterprise that engages in the retail sale of tobacco products, including, but not limited to stores that engage in the retail sale of food items. The term "tobacco retailer" includes a person who operates vending machines from which tobacco products are sold in this state.

"Town manager" means the Town of Moraga Manager or their designee.

(Ord. No. 302, § 3, 10-26-2022)