Paradise Municipal Code Art. II Tobacco Self-Service Displays

The town council of the town of Paradise finds and declares as follows:

A. Whereas, smoking is the greatest preventable cause of death in our nation, killing more than three hundred ninety thousand Americans each year; and

B. Whereas, California State Penal Code Sections 308(a) and 308(b) prohibit the purchase and possession of tobacco products and paraphernalia by minors; and

C. Whereas, over twenty-nine million packs of cigarettes are illegally sold to California minors annually; and

D. Whereas, nearly ninety percent of all tobacco users start well before the age of eighteen; and

E. Whereas, shoplifting of cigarettes from tobacco self-displays is one means by which minors access tobacco products; and

F. Whereas, the town of Paradise has already enacted an ordinance prohibiting the sale of tobacco products from vending machines;

G. Therefore, the town council finds it in the public interest to promote the welfare of Paradise residents under eighteen years of age by further restricting youth access to tobacco products with the prohibition of tobacco self-displays in our community. (Ord. 333 §1, 1999)

A. It is unlawful for any person, business or tobacco retailer within the incorporated town of Paradise to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service display, rack or shelf that allows self-service sales or smaller counter-top displays for any tobacco product that allow other than vendor-assisted sales.

B. All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a case requiring employee assistance to retrieve the tobacco products. (Ord. 333 §2, 1999)

Violation of Section 8.47.070 is a misdemeanor and shall be subject to a fine not exceeding one thousand dollars per day for each violation, with each day that the violation continues considered a separate and distinct violation of Section 8.47.070. The town manager and/or the Butte County health department director, the district attorney's office, the town attorney's office and/or the police department may enforce this chapter. (Ord. 333 §3, 1999)

If any provision, clause, sentence or other paragraph of this article or the application thereof to any persons or circumstances shall be held invalid, such validity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared severable. Furthermore, in the event that any provision of this chapter is determined to be invalid and the town is duly notified of that invalidity, the town attorney, on behalf of the town shall take whatever action necessary to see that those provisions rendered invalid are no longer enforced and that this chapter is amended to reflect the deletion of those provisions invalidated. (Ord. 333 §4, 1999)