Chapter 8.22 — REGULATION OF THE SALE OF TOBACCO PRODUCTS

The city council of the city of Orland hereby finds and declares as follows:

A.

State law prohibits the sale or furnishing of cigarettes, tobacco products and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (California Penal Code Section 308);

B.

State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under eighteen (18) years of age (California Business and Professions Code Section 22956), and provides procedures for using persons under eighteen (18) years of age to conduct on-site compliance checks of tobacco retailers (California Business and Professions Code Section 22952);

C.

State law prohibits the sale or display of cigarettes through a self-service display. This law, which applies only to cigarettes, explicitly provides that broader local requirements may be enacted (California Business and Professions Code Section 22962);

D.

State law prohibits use of more than thirty-three (33) percent of the square footage of windows and clear doors of an alcohol retailer for advertising signs of any sort, including tobacco (California Business and Professions Code Section 25612.5(c)(7)); and

E.

Despite these and other state and local laws related to tobacco, minors continue to obtain tobacco products at alarming rates. Each year, an estimated nine hundred twenty-four million (924,000,000) packs of cigarettes are consumed by minors twelve (12) to seventeen (17) years of age.

It is the intent of the city council, in enacting this chapter, to discourage access to tobacco products by minors.

(Ord. 2005-03 § 3 (part))

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

"Alcohol retailer" means any on- or off-sale licensee, holding a license, a permit, a certification, or any other authorization issued by the California Department of Alcoholic Beverage Control.

"Self-service display" means the open display of tobacco products in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.

"Tobacco product" means any substance containing tobacco leaf including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, 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 or tobacco products. "Tobacco retailing" means the doing of any of these things. This definition is without regard to the quantity of tobacco or tobacco products sold, offered for sale, exchanged, or offered for exchange.

"Vending machine" means a machine, appliance, or other mechanical device operated by currency, token, debit card, or credit card that is designed or used for vending purposes including, but not limited to, machines or devices that use remote control locking mechanisms.

(Ord. 2005-03 § 3 (part))

It is unlawful for any person to display tobacco products by means of a self-service display or to engage in tobacco retailing by means of a self-service display. Tobacco retailing by means of a vending machine is prohibited by this section.

(Ord. 2005-03 § 3 (part))

No more than thirty-three (33) percent of the square footage of the windows and clear doors of an alcohol retailer premises shall bear advertising or signs of any sort, including tobacco.

(Ord. 2005-03 § 3 (part))

The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

A.

Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation.

B.

This chapter shall be enforced by the city manager.

C.

Violations of this chapter may, at the discretion of the city attorney, be prosecuted as infractions.

D.

Violations of this chapter are hereby declared to be public nuisances.

E.

Violations of this chapter are hereby declared to be unfair business practices and are presumed to at least nominally damage each and every resident of the community in which the business operates.

F.

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 or criminal code enforcement proceedings, and suits for injunctive relief.

G.

Any person aggrieved by a violation of this chapter may bring an action for injunctive relief to prevent future such violations or to recover such actual damages as he or she may prove.

(Ord. 2005-03 § 3 (part))

A.

The effective date of the ordinance codified in this chapter shall be thirty (30) days from the date of its enactment.

B.

Self-service displays that were in place at the time the ordinance codified in this chapter was introduced may remain in place for no more than sixty (60) days after the effective date.

(Ord. 2005-03 § 3 (part))