Pacifica Municipal Code Ch. 32 Sale or Distribution of Electronic Cigarettes

For the purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise:

(a) "Distribute" or "distribution" means the transfer by any person other than a common carrier, at any point from the place of manufacture or thereafter to a person who sells or offers to sell the electronic cigarette or other electronic smoking device.

(b) "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.

(c) "Person" means any individual, partnership, cooperative association, private corporation, or any other legal entity.

(d) "Tobacco retailer" is defined as set forth in subsection (i) of Section 5-31.01 of this Code.

(e) "Tobacco retailer license" "shall mean a tobacco retailer that has been issued a license pursuant to Section 5-31.02 of this Code.

(f) "Sell," "sale" or "to sell" mean any transaction where, for any consideration, ownership is transferred from one person or entity to another including, but not limited to, any transfer of title or possession for consideration, exchange or barter, in any manner or by any means.

(§ 2, Ord. 871-C.S., eff. March 30, 2022)

(a) No person, tobacco retailer, or other legal entity shall sell or offer for sale nor distribute any electronic cigarette to a person within the geographic boundaries of the city.

(b) For tobacco retailers that have a valid tobacco retailer license, the provisions of Section 5-32.02(a) shall take effect upon expiration of the tobacco retailer license in effect as of the effective date of this Ordinance.

(§ 2, Ord. 871-C.S., eff. March 30, 2022)

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

(b) Violations of this chapter are subject to a civil action brought by the City Attorney, punishable by a civil fine payable to the city not less than One Hundred and no/100ths ($100.00) Dollars and not exceeding One Thousand and no/100ths ($1,000.00) Dollars per violation.

(c) Violations of this chapter may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors.

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

(e) 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.

(§ 2, Ord. 871-C.S., eff. March 30, 2022)

Any violation of this chapter is hereby declared a public nuisance.

(§ 2, Ord. 871-C.S., eff. March 30, 2022)