Mountain View Municipal Code § 21.57 Definitions

The following terms shall be defined as follows for the purpose of this article only:

a. "Minors" shall mean persons under eighteen (18) years of age.

b. "Self-service merchandizing" shall mean the open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.

c. "Tobacco paraphernalia" shall mean cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines and any other items associated with the smoking or ingestion of tobacco products.

d. "Tobacco products" shall mean any substance containing any tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco or any other preparation of tobacco, including Indian cigarettes called "bidis."

e. "Tobacco retailer" means any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia. This definition shall include significant tobacco retailers as defined in Sec. 36.3 of this code.

(Ord. No. 12.01, 11/21/01.)

a. No person shall smoke a cigarette, cigar or other tobacco-related product or chew or ingest any tobacco-related product within thirty (30) feet of any playground or tot lot sandbox area.

b. No person shall dispose of cigarette butts, cigar butts or any other tobacco-related waste within thirty (30) feet of a playground or a tot lot sandbox.

c. The prohibitions contained in subsections a and b shall not apply to private property.

d. The prohibitions contained in subsections a and b shall not apply to a public sidewalk located within thirty (30) feet of a playground or a tot lot sandbox area.

For purposes of this section, "playground" means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public and private school grounds or on city, county or state park grounds. "Tot lot sandbox area" means a designated play area within a public park for the use by children under five (5) years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the surface of safety material, such as concrete or wood, or any other materials surrounding the tot lot sandbox area.

(Ord. No. 1.05, 2/8/05.)

It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales.

(Ord. No. 12.01, 11/21/01.)

All tobacco products shall be offered for sale exclusively by means of vendor assistance, with tobacco products in a locked case, or in an area not accessible to the public, and requiring employee assistance to retrieve tobacco products.

(Ord. No. 12.01, 11/21/01.)

It is unlawful for any person, business or tobacco retailer to distribute free tobacco products or promotional items to minors.

(Ord. No. 12.01, 11/21/01.)

Tobacco retailers which devote eighty (80) percent or more of floor area or display area to, or derive eighty (80) percent or more of gross sales receipts from, the sale of cigars or cigar-related products or paraphernalia shall be exempt from the provisions of this article and Chapter 36, provided the retailer does not permit access by minors to tobacco products or allow free tobacco samples or promotional items to be offered or given to minors.

(Ord. No. 12.01, 11/21/01.)

a. Permit required. Any tobacco retailer who violates the law prohibiting the sale of tobacco products to minors or who violates any other provision of this chapter twice within any thirty-six (36) month period shall file for a conditional use permit pursuant to Sec. A36.42.171 of this code within ninety (90) days of said violation or cease and desist the sale of tobacco products and/or tobacco paraphernalia until and unless he/she secures a conditional use permit. Failure to apply for and diligently pursue said permit as required by this section shall require the tobacco retailer to cease and desist sales of tobacco products and paraphernalia. Any tobacco retail location which is subject to an existing conditional use permit shall file an application to modify said conditional use permit consistent with this section.

b. Review of the application. The zoning administrator shall review the application and may approve or conditionally approve the application if findings can be made that any further risks to minors have been eliminated through modification to the way tobacco products are stored, displayed, secured and/or advertised and that adequate security and educational measures will be regularly implemented by the applicant and/or owner.

1. The chief of police shall present evidence of the violation(s) and any other pertinent facts to the zoning administrator. The chief may propose conditions which will ensure compliance with applicable federal, state and local laws. If the chief of police recommends against approval of the application, the zoning administrator, after hearing the matter, shall forward the application to the city council for final action.

(Ord. No. 1.05, 2/8/05.)

The sale or offered sale of tobacco products to minors in violation of state and/or federal law by an employee, agent, clerk or other individual employed by a tobacco retailer shall be chargeable to the tobacco retailer as though he/she made or offered the sale to the minor. Said violation of the law may be prosecuted in accordance with Section 520 of the City Charter. In the event of a first violation, the city may, in its discretion, pursue administrative penalties in accordance with Chapter 1, Article II of this code.

(Ord. No. 1.05, 2/8/05.)