§ 5-34

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "7-OH product" means a product containing 7-hydroxymitragynine. (b) "Attractive to children" means any of the following: (1) Use of images that are attractive to children, including, but not limited to, images of any of the following, except as part of required health warnings: (A) Cartoons, toys, or robots; (B) Any real or fictional humans; (C) Fictional animals or creatures; or (D) Fruits or vegetables, except when used to accurately describe ingredients or flavors contained in a product. (2) Likeness to images, characters, or phrases that are popularly used to advertise to children. (3) Imitation of candy packaging or labeling, or other packaging and labeling of cereals, sweets, chips, or other food products typically marketed to children. (4) The terms "candy" or "candies" or variants in spelling such as "kandy" or "kandee." (5) Brand names or close imitations of brand names of candies, cereals, sweets, chips, or other food products typically marketed to children. (6) Any other image or packaging that is easily confused with commercially available foods that do not contain kratom and are typically marketed to children. (7) Anything else that is attractive to children in light of all relevant facts and circumstances. (c) "Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that 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. (d) "Flavored tobacco product" means any tobacco product that imparts a characterizing flavor. (e) "Kratom leaf" means the leaf of the kratom plant, also known as mitragyna speciosa, any form. (f) "Kratom leaf extract" means the material obtained by extraction of kratom leaves by any means. (g) "Kratom product" means a product consisting of kratom leaf, kratom leaf extract, or both. (h) "Labeling" means written, printed, or graphic matter upon any tobacco product or nitrous oxide device or any of its packaging, or accompanying such tobacco product or nitrous oxide device.

(i) "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N20, which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred to as "laughing gas," "NOX," "galaxy gas," "whippits," amongst others. (j) "Nitrous oxide device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide. (k) "Oil burner" means a glass smoking device that allows users to inhale vaporized oils or other concentrates. (l) "Package" or "packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer. (m) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (n) "Sale" or "sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. (o) "Tobacco product" means: (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff. (2) Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. (3) Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco product, whether or not sold separately. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. (p) "Tobacco product flavor enhancer" means a product designed, manufactured, produced, marketed, or sold to provide a characterizing flavor when added to a tobacco product. (q) "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 tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (r) "Total kratom alkaloids" means the sum of mitragynine, speciociliatine, speciogynine, paynantheine, and 7- hydroxymitragynine in a kratom product. (§ 2, Ord. 3329, eff. April 16, 2026)

(a) It shall be a violation of this chapter for any person to sell or offer for sale, to display for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product or tobacco product flavor enhancer. (b) There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale. (c) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has: (1) Made a public statement or claim that the tobacco product imparts a characterizing flavor; (2) Used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or

(3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. (§ 2, Ord. 3329, eff. April 16, 2026)

It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, to display for sale, or to possess with intent to sell or offer for sale, any oil burners or colored glass oil burner pipes. (§ 2, Ord. 3329, eff. April 16, 2026)

(a) Except as otherwise authorized by law or allowed under this chapter, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person Nitrous Oxide, a Nitrous Oxide Device, or any device that contains any quantity of Nitrous Oxide. (b) This section does not prohibit the sale, attempt to sell, offer for sale, permit to be sold, display for sale, distribution, or any other manner of providing Nitrous Oxide, or a Nitrous Oxide Device, in the following circumstances: (1) If the nitrous oxide is contained in a food product for use as a propellant. (2) If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed in a wholesale capacity, for uses similar to those described in subsection (d) of Section 5.35-05. This exemption only applies if the wholesaler does not know or have reason to know that the recipient intends to use the Nitrous Oxide or Nitrous Oxide Device in violation of subsection (a) above. (3) If the Nitrous Oxide or Nitrous Oxide Device that is being sold, attempted to be sold, offered, or distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle. (4) If the Nitrous Oxide is being sold, attempted to be sold, offered, or distributed specifically for the purpose of providing medical or dental care, by or at the direction and under the supervision of, a medical or dental practitioner licensed by the State of California and in accordance with all applicable rules and regulations. (5) If the Nitrous Oxide or Nitrous Oxide Device is being sold, attempted to be sold, offered, distributed, or dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by sections 4030, 4036, and 4037 of the California Business & Professions Code, as may be amended, in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy. (6) Any other circumstances exempted under law. (§ 2, Ord. 3329, eff. April 16, 2026)

(a) Except as otherwise authorized by law, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person a kratom product or 7-OH product to any person under 21 years of age. (b) Except as otherwise authorized by law, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person a kratom product or 7-OH product with a level of 7-OH that is greater than 2% of the total kratom alkaloids in the product.

(c) Except as otherwise authorized by law, it shall be unlawful for any person to sell, attempt to sell, offer for sale, permit to be sold, display for sale, distribute or otherwise provide to any person a kratom product or 7-OH product that is attractive to children. (d) No person or entity shall offer for sale any kratom product that contains or is adulterated with synthesized or semi-synthesized kratom alkaloids or kratom constituents. (§ 2, Ord. 3329, eff. April 16, 2026)

(a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Any person violating any provision of this chapter shall be guilty of a misdemeanor, as defined by subsection (c) of Section 1-2.01 of this Code, for each day such violation continues. (c) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (d) Any person violating the provisions of this chapter shall also be liable for civil penalties of not less than $250 and not exceeding $1,000 for each day the violation continues. (e) A violation of this chapter shall additionally be grounds for a revocation of a business license, if applicable, pursuant to Section 3-1.131 of this Code. (f) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (g) Violations of this chapter are hereby declared to be public nuisances. (§ 2, Ord. 3329, eff. April 16, 2026)