Mountain View Municipal Code Div. 15 Significant Tobacco Retailers

a. Location requirements. Significant tobacco retailers shall only be allowed in the CRA zone and shall require approval of a conditional use permit.

b. Operating standards. In addition to any conditions of approval imposed by the zoning administrator in accordance with Section 36.48 (Conditional Use Permit) every significant tobacco retailer permitted under this section shall comply with Chapter 21 of the City Code and with the following:

1. Access to merchandise. Tobacco products shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

2. Advertising and display of tobacco products. Significant tobacco retailers shall comply with local, state and/or federal laws regarding sales, advertising or display of tobacco products, including, posting a sign prominently near the cash register or other point of sale, the legal age to buy tobacco products and checking the identification of all purchasers to ensure they are of legal age.

3. Selling or exchange of tobacco products. No minor person may sell or exchange tobacco products.

4. Sales to minors. Sampling of tobacco products by minors shall not be permitted and, therefore, tobacco products shall not be given or sold to minors.

5. Location requirements. If the proposed location is within one thousand (1,000) feet of a parcel occupied by a public or private kindergarten, elementary, middle, junior high or high school; licensed child-care facility or preschool other than a family day-care facility; public playground; youth center or public recreational facility, the zoning administrator shall consider the compatibility of the proposed use and said use(s) and determine whether:

(a) The proposed use can be approved as proposed; or

(b) Conditions can be imposed to mitigate any adverse impacts; or

(c) The proposed use should be considered for another locations.

This determination shall be accompanied by a finding that there are other suitable locations for the proposed use and that said locations will not have the same or greater adverse impacts than the proposed location.

6. Interpretations. The community development director may promulgate guidelines and interpretations to implement the provisions of this article, which guidelines and written interpretations shall be incorporated herein by this reference.

(Ord. No. 18.13, § 1, 12/10/13.)