Petaluma Municipal Code Ch. 8.21 Regulation of Retail Tobacco Sales

It is the intent of the city, in enacting this chapter, to ensure compliance with the business standards and practices

of the city and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws,

especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth,

but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally

proscribed or to alter the penalties provided therein. (Ord. 2799 NCS §4, 2021.)

The following words and phrases, whenever used in this chapter, shall have the meanings speciNed in this section

unless the context clearly requires otherwise:

A. "Arm’s length transaction" means a sale in good faith and for valuable consideration that reOects the fair

market value between two informed and willing parties, neither of whom is under any compulsion to participate in

the transaction. There is a presumption that a sale between family members or companies with related

shareholders are not arm’s length transactions.

B. "Child-resistant packaging" means packaging that meets the deNnition set forth in the Code of Federal

Regulations, Title 16, Section 1700.15(b), as in eQect on January 1, 2015, and that was tested in accordance with the

method described in Code of Federal Regulations, Title 16, Section 1700.20, as in eQect on January 1, 2015, as this

deNnition may be amended from time to time.

C. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any

substance containing tobacco and weighing more than four and one-half pounds per thousand units.

D. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and

(2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of

tobacco used in the Nller, or its packaging and labeling, is likely to be oQered to, or purchased by, consumers as a

cigarette as described herein. Cigarettes as deNned herein include cigarettes as deNned in California Revenue and

Taxation Code Section 30003, as amended from time to time.

E. "City" means the city of Petaluma.

F. "Consumer" means a person who purchases a tobacco product for consumption and not for sale to another

person.

G. "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue,

whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or

accommodation without charge or at a discounted price.

H. "Delivery sale" means the sale of any tobacco product to any person for personal consumption and not for

resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a

tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by

telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by

licensees or third parties by any means, including curbside pickup.

I. "Department" means Petaluma police department and any agency or person designated by the department

to enforce or administer the provisions of this chapter, which may include, but is not limited to, the Sonoma

County department of health services, the city of Petaluma planning department, and the city of Petaluma building

department.

J. "Drug paraphernalia" has the meaning set forth in California Health and Safety Code Section 11014.5, as that

section may be amended from time to time.

K. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized

substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape

pen, e-hookah or other electronic nicotine delivery system. Electronic smoking device includes any component,

part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such

device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices,

or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are deNned

in the federal Food, Drug, and Cosmetic Act, as amended from time to time.

L. "Flavored tobacco product" means any tobacco product that contains a taste or smell, other than the taste or

smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a

tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen,

chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.

M. "Full retail price" means the price listed for a tobacco product on its packaging or on any related shelving,

advertising, or display where the tobacco product is sold or oQered for sale, plus all applicable taxes and fees if

such taxes and fees are not included in the listed price.

N. "Hearing oPcer" has the same deNnition as in Section 1.10.020.

O. "License" means a tobacco retail license issued by the city pursuant to this chapter.

P. "Licensee" means any proprietor holding a license issued by the city pursuant to this chapter.

Q. "Little cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any

substance containing tobacco and weighing no more than four and one-half pounds per thousand units. "Little

cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

R. "Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates,

assembles, processes, or labels a tobacco product; or imports a Nnished tobacco product for sale or distribution

into the United States.

S. "Moveable place of business" means any form of business that is operated out of a kiosk, truck, van,

automobile or other type of vehicle or transportable shelter and not a Nxed address store front or other

permanent type of structure authorized for sales transactions.

T. "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 oQered for sale to a consumer.

U. "Person" means any natural person, partnership, cooperative association, corporation, joint venture, limited

liability company, personal representative, receiver, trustee, assignee, social or professional club, fraternal

organization, or any other legal entity or combination of the above acting as a single unit.

V. "Pharmacy" means any retail establishment in which the profession of pharmacy is practiced by a pharmacist

licensed by the state of California in accordance with the California Business and Professions Code and where

prescription pharmaceuticals are oQered for sale, regardless of whether the retail establishment sells other retail

goods in addition to prescription pharmaceuticals.

W. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest

shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a

business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a

person can or does have or shares ultimate control over the day-to-day operations of a business.

X. "Sale" or "sell" means any transfer, exchange, barter, gift, oQer for sale, or distribution for a commercial

purpose, in any manner or by any means whatsoever.

Y. "Self-service display" means the open display or storage of tobacco products in a manner that is physically

accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a

direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine

is a form of self-service display.

Z. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any

other lighted or heated product containing, made, or derived from nicotine or tobacco, whether natural or

synthetic, that is intended for inhalation. "Smoking" includes using an electronic smoking device.

AA. "Tobacco accessories" means any item designed or marketed for the consumption, use, or preparation of

tobacco products.

BB. "Tobacco product" means:

1. Any product containing, made of, or derived from tobacco or nicotine that is intended for human

consumption or is likely to be consumed, whether inhaled, smoked, heated, chewed, snorted, absorbed, or

ingested by any other means, including but not limited to a cigarette, a cigar, a little cigar, pipe tobacco,

chewing tobacco, snuQ, or snus;

2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device,

whether or not the substance contains nicotine; or

3. Any component, part, or accessory of subsection (BB)(1) or (2) of this section, whether or not any of these

contains tobacco or nicotine, including but not limited to Nlters, rolling papers, blunt or hemp wraps,

hookahs, mouthpieces, and pipes.

For purposes of this chapter, tobacco product includes tobacco products as deNned in California Revenue and

Taxation Code Section 30121(b), as from time to time amended.

"Tobacco product" does not mean drugs, devices, or combination products authorized for sale by the U.S.

Food and Drug Administration, as those terms are deNned in the federal Food, Drug, and Cosmetic Act.

CC. "Tobacco retailer" means any person who sells, oQers for sale, or exchanges or oQers to exchange for any

form of consideration, tobacco products or electronic smoking devices. This deNnition is without regard to the

quantity of tobacco products sold, oQered for sale, exchanged, or oQered for exchange and includes signiNcant

tobacco retailer.

DD. "Tobacco retailing" means engaging in the activities of a tobacco retailer.

EE. "Youth-oriented area" means a parcel in the city of Petaluma that is occupied by:

1. A private or public preschool, kindergarten, elementary, middle, junior high, or high school;

2. A "recreation area" as deNned in Section 8.20.030(Y).

For purposes of this deNnition, a preschool is a licensed child-care facility or preschool other than a small-family

day care home or a large-family day care home as deNned in California Health and Safety Code Section 1596.78 as

amended from time to time.

(Ord. 2799 NCS §4, 2021.)

A. Tobacco Retailer’s License Required. It shall be unlawful for any person to engage in tobacco retailing in the city,

six months after enactment of this chapter, without Nrst obtaining and maintaining a valid tobacco retailer’s

license, pursuant to this chapter, for each location at which tobacco retailing is to occur. Tobacco retailing without

a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or

maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of

the licensee’s agents or employees, to violate any local, state, or federal law applicable to tobacco products,

tobacco accessories, or tobacco retailing.

C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is

prohibited within the indoor area or within twenty feet of any retail establishment licensed under this chapter.

D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person

under twenty-one years of age.

E. Signs Specifying Minimum Legal Sales Age. Any person, business, or other establishment which sells cigarettes

and other tobacco products for consumption shall post plainly visible signs at the point of purchase of tobacco

products which state:

THE SALE OF TOBACCO PRODUCTS OR CIGARETTES TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS

PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO.

The letters of these signs shall be at least one-quarter-inch high.

F. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at

the licensed location.

G. Positive Identi4cation Required. No person engaged in tobacco retailing shall sell a tobacco product without

Nrst verifying by means of government-issued photographic identiNcation that the recipient is at least twenty-one

years of age.

H. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

I. On-Site Sales. All sales of tobacco products and tobacco accessories to consumers shall be conducted in-

person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco

retailer’s agents or employees to engage in the delivery or sale of tobacco products or to knowingly or negligently

sell or provide tobacco products to any person that intends to engage in the delivery or sale of the tobacco

product in the city.

J. Drug Paraphernalia. In the course of tobacco retailing or in the operation of the business or maintenance of

the location for which a license issued, it shall be a violation of this chapter for a licensee or any of the licensee’s

agents or employees to violate any local, state, or federal law regulating controlled substances or drug

paraphernalia, such as, for example, California Health and Safety Code Section 11364.7, as that section may be

amended from time to time.

K. Minimum Employee Age. Individuals employed by a person licensed under this chapter must be at least

eighteen years of age to sell tobacco products, tobacco accessories electronic delivery devices, or other nicotine

delivery products.

(Ord. 2799 NCS §4, 2021.)

prohibited.

A. Flavored Tobacco Product Sales Prohibited. It shall be unlawful for any tobacco retailer to sell any Oavored

tobacco product.

1. Presumptive Flavored Tobacco Product. A public statement or claim made or disseminated by the

manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make

or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or

smell other than tobacco shall constitute presumptive evidence that the tobacco product is a Oavored

tobacco product.

B. Electronic Smoking Device Sales Prohibited. It shall be unlawful for any tobacco retailer to sell any electronic

smoking device.

(Ord. 2799 NCS §4, 2021.)

A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco

product:

1. Is sold in the manufacturer’s packaging intended for sale to consumers;

2. Conforms to all applicable federal labeling requirements; and

3. Conforms to all applicable child-resistant packaging requirements.

B. Display of Price. The price of each tobacco product oQered for sale shall be clearly and conspicuously

displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where

the item is sold or oQered for sale.

C. Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or

nominally priced tobacco products.

D. Prohibition of Tobacco Coupons and Discounts. No tobacco retailer shall:

1. Honor or redeem, or oQer to honor or redeem, a coupon to allow a consumer to purchase a tobacco

product for less than the full retail price;

2. Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any

such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco

product or any other item; or

3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco

product.

E. Minimum Package Size for Little Cigars and Cigars. No tobacco retailer shall sell to a consumer:

1. Any little cigar unless it is sold in a package of at least Nve little cigars minimum pack size; or

2. Any cigar unless it is sold in a package of at least two cigars minimum pack size; provided, however, that

this subsection shall not apply to a cigar that has a price of at least ten dollars per cigar, including all

applicable taxes and fees.

F. Minimum Prices for Cigarettes, Little Cigars, and Cigars. No tobacco retailer shall sell to a consumer:

1. Cigarettes at a price that is less than ten dollars per package of twenty cigarettes, including all applicable

taxes and fees;

2. Little cigars at a price that is less than two dollars each per little cigar, including all applicable taxes and

fees;

3. Cigars at a price that is less than Nve dollars per cigar, including all applicable taxes and fees.

(Ord. 2799 NCS §4, 2021.)

A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a Nxed location. No tobacco

retail license will be issued to a moveable place of business.

B. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a

pharmacy.

C. Proximity to Youth-Oriented Area. No new license may issue, and no existing license may be renewed, to

authorize tobacco retailing within one thousand feet of a youth-oriented area as measured by a straight line from

the nearest point of the property line of the parcel on which the youth-oriented area is located to the nearest

point of the property line of the parcel on which the applicant’s business is located.

D. Proximity to Other Tobacco Retailers. No new license may issue, and no existing license may be renewed, to

authorize tobacco retailing within Nve hundred feet of a tobacco retailer location already licensed pursuant to this

chapter as measured by a straight line from the nearest point of the property line of the parcel on which the

applicant’s business is located.

E. Population and Density. The issuance of tobacco retailer licenses is limited as follows:

1. The total number of tobacco retailer licenses within the city shall be limited to one for each two

thousand, or fraction thereof, of inhabitants of the city.

2. For the purposes of this subsection, the total population of the city shall be determined by the most

current published total available from the U.S. Census Bureau or the California State Department of Finance,

whichever has been more recently updated, as of the date the license application is Nled.

3. No new license may be issued to authorize tobacco retailing if the number of tobacco retailer licenses

already issued equals or exceeds the total number authorized pursuant to subsection (E)(1) of this section.

F. Notwithstanding subsection C, D, or E of this section, a tobacco retailer operating lawfully on the date this

chapter is adopted that would otherwise be eligible for a tobacco retailer license for the location for which a

license is sought may receive or renew a license for that location so long as all of the following conditions are met:

1. The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to

temporary suspension);

2. The tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than

sixty consecutive days;

3. The tobacco retailer does not substantially change the business premises or business operation. A

substantial change to the business operation includes, but is not limited to, the transferring of a location:

a. To a new proprietor(s) in an arm’s length transaction; or

b. For which a signiNcant purpose is avoiding enforcement of violations of this chapter; and

4. The tobacco retailer retains the right to operate under all other applicable laws.

(Ord. 2799 NCS §4, 2021.)

A. An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to

conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications

shall be submitted on a form supplied by the department.

B. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading

information shall be revoked pursuant to Section 8.21.150(C). Nothing in this chapter shall be construed to vest in

any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in

contravention of any provision of law.

C. Applicant submissions shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the location for which a license is sought.

3. The name and mailing address authorized by each proprietor to receive all communications and notices

required by, authorized by, or convenient to the enforcement of this chapter.

4. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state

licenses for the sale of tobacco products.

5. Whether any proprietor has previously been issued a tobacco retail license pursuant to this chapter that

is, or was at any time, suspended or revoked and, if so, the date of the suspension or revocation.

6. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found

to have violated, this or any other local, state, or federal law governing the sale of tobacco products or

California Health and Safety Code Section 11351 as amended from time to time, and, if so, the dates and

locations of all such violations within the previous Nve years.

7. A signed aPdavit aPrming that the proprietor has not sold and will not sell any tobacco product without

a license required by this chapter.

8. Such other information as the department deems necessary for the administration or enforcement of

this chapter as speciNed on the application form required by this section.

D. A licensed tobacco retailer shall inform the department in writing of any change in the information submitted

on an application for a tobacco retailer’s license within ten business days of a change.

(Ord. 2799 NCS §4, 2021.)

A. Issuance of License. Upon the receipt of a complete and adequate application for a tobacco retailer’s license

and the license fee required by this chapter, the department may approve or deny the application for a license, or

it may delay action for a reasonable period of time to complete any investigation of the application or the

applicant deemed necessary.

B. Denial of Application. The department may deny an application for a tobacco retailer’s license based on any of

the following:

1. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or

false information shall be a violation of this chapter;

2. The department has information that the applicant, or the applicant’s agent(s) or employee(s), violated

any local, state, or federal tobacco control law or Health and Safety Code Section 11351 within the preceding

three hundred sixty-Nve days;

3. The application seeks authorization for tobacco retailing at a location regarding which this chapter

prohibits issuance of a license;

4. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits

issuing a license; or

5. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this

chapter, that is unlawful pursuant to any other chapter of this code, or that is unlawful pursuant to any other

law;

6. Any other reason the granting of a license to the applicant is not consistent with the public health and

welfare or the purpose of this chapter, including the applicant’s history of noncompliance with this chapter or

other laws relating to the sale of tobacco products.

C. Appeal of Denial of Application. A decision of the department to deny a license is appealable to the hearing

oPcer and any appeal must be Nled in writing with the city clerk within ten days of mailing of the department’s

decision. (Ord. 2799 NCS §4, 2021.)

A. Renewal of License. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full

or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer

shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than thirty days

prior to expiration of the current license. A tobacco retailer that fails to timely submit a renewal application and

fee is ineligible for license renewal.

(Ord. 2799 NCS §4, 2021.)

A. A tobacco retailer’s license may not be transferred from one person to another or from one location to

another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in

proprietor(s).

B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted

against a location and license ineligibility periods shall continue to apply to a location unless the location has been

transferred to new proprietor(s) in an arm’s length transaction.

(Ord. 2799 NCS §4, 2021.)

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s

license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in

the city identiNed on the face of the license. (Ord. 2799 NCS §4, 2021.)

The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the

city council. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter

including, but not limited to, issuing a license, administering the license program, tobacco retailer education,

tobacco retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but

shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon

proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be

required by law. (Ord. 2799 NCS §4, 2021.)

A. In addition to the tobacco retail license, any tobacco retailer must have a valid business tax certiNcate

required by Title 6.

B. If the business tax certiNcate is revoked or suspended for any period of time, the tobacco retail license shall

be revoked or suspended for the same period, pursuant to Section 8.21.150.

(Ord. 2799 NCS §4, 2021.)

A. Compliance with this chapter shall be monitored by the department. In addition, the city may designate

additional persons to monitor compliance with this chapter. All licensed premises must be open to inspection by

city staQ or designated persons during regular business hours.

B. The department will have the right to enter tobacco retail license locations from time to time during regular

business hours for the purpose of making reasonable inspections to enforce compliance with this chapter.

C. The city will endeavor to conduct at least one compliance check per twelve-month period that involves the

participation of persons between the ages of eighteen and twenty to enter licensed premises to attempt to

purchase tobacco products.

(Ord. 2799 NCS §4, 2021.)

A. Suspension or Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco

retailer’s license shall be suspended or revoked if any court of competent jurisdiction determines, or the

department Nnds based on a preponderance of the evidence, after the licensee is aQorded notice and an

opportunity to be heard, that the licensee, or any of the licensee’s agents or employees, has violated any of the

requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or

admitted to a violation of any law applicable to the licensee in violation of this chapter.

1. Upon a Nnding by the department of a Nrst violation of this chapter at a location within any Nve-year

period, the license shall be suspended for sixty days.

2. Upon a Nnding by the department of a second violation of this chapter at a location within any Nve-year

period, the license shall be suspended for one year.

3. Upon a Nnding by the department of a third violation of this chapter at a location within any Nve-year

period, the license shall be revoked.

B. Appeal of Suspension or Revocation. A decision of the department to suspend or revoke a license is appealable

to the hearing oPcer and any appeal must be Nled in writing with the city clerk within ten days of mailing of the

department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An

appeal to the hearing oPcer is not available for a revocation made pursuant to subsection C of this section.

C. Revocation of License Wrongly Issued. A tobacco retailer’s license shall be revoked if the hearing oPcer Nnds,

after the licensee is aQorded notice and an opportunity to be heard, that one or more of the bases for denial of a

license under Section 8.21.080(B) existed at the time application was made or at any time before the license

issued. The decision by the hearing oPcer shall be the Nnal decision of the city.

D. During any period of suspension or revocation, the tobacco retailer/licensee shall conspicuously post, at each

point of sale register and near the entrance door of the tobacco retail location, a notice of a tobacco retail license

suspension provided by the department. The notice shall include the suspension or revocation period, reason for

suspension or revocation, tobacco retailer/licensee and location information, and contact information to report

violations.

(Ord. 2799 NCS §4, 2021.)

A. Ineligibility for License. In addition to any other penalty authorized by law, if a court of competent jurisdiction

determines, or the department Nnds based on a preponderance of evidence, after notice and an opportunity to be

heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license,

either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be

issued, a tobacco retailer’s license as follows:

1. After a Nrst violation of this section at a location within any Nve-year period, no new license may issue for

the person or the location (unless ownership of the business at the location has been transferred in an arm’s

length transaction), until thirty days have passed from the date of the violation.

2. After a second violation of this section at a location within any Nve-year period, no new license may issue

for the person or the location (unless ownership of the business at the location has been transferred in an

arm’s length transaction), until ninety days have passed from the date of the violation.

3. After a third or subsequent violation of this section at a location within any Nve-year period, no new

license may issue for the person or the location (unless ownership of the business at the location has been

transferred in an arm’s length transaction), until Nve years have passed from the date of the violation.

(Ord. 2799 NCS §4, 2021.)

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

or in equity, including, without limitation those remedies established in Title 1.

B. Violations of this chapter are subject to a civil action brought by the city, punishable by a civil Nne not less

than two hundred Nfty dollars and not exceeding one thousand dollars per violation.

C. Violations of this chapter may, in the discretion of the city attorney, be prosecuted as infractions or

misdemeanors when the interests of justice so require.

D. 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 administrative or judicial nuisance abatement

proceedings, civil code enforcement proceedings, and suits for injunctive relief.

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

F. Tobacco products oQered for sale or exchange in violation of this chapter are subject to seizure by the

department or any peace oPcer and shall be forfeited after the licensee and any other owner of the tobacco

products and tobacco accessories seized is given reasonable notice and an opportunity to demonstrate that the

tobacco products and tobacco accessories were not oQered for sale or exchange in violation of this chapter. The

decision by the department may be appealed pursuant to the procedures set forth in Section 8.21.150(B).

Forfeited tobacco products and tobacco accessories shall be destroyed after all internal appeals have been

exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure Section

1094.6 or other applicable law has expired without the Nling of a lawsuit or, if such a suit is Nled, after judgment in

that suit becomes Nnal.

G. For the purposes of the civil remedies provided in this chapter:

1. Each day on which tobacco products or tobacco accessories are oQered for sale in violation of this

chapter shall constitute a separate violation of this chapter; and

2. Each individual retail tobacco product and each individual retail item of tobacco accessories that is

distributed, sold, or oQered for sale in violation of this chapter shall constitute a separate violation of this

chapter.

H. All tobacco retailers are responsible for the actions of their employees relating to the sale, oQer to sell, and

furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be

considered an act of the tobacco retailer.

(Ord. 2799 NCS §4, 2021.)

A. Nothing in this chapter prevents the provision of tobacco products to any person as part of an indigenous

practice or a lawfully recognized religious or spiritual ceremony or practice.

B. Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product

by any person not engaged in tobacco retailing.

(Ord. 2799 NCS §4, 2021.)

This chapter does not intend to regulate and shall not be interpreted to regulate any conduct the regulation of

which has been preempted by the United States or the state of California. Nothing in this chapter shall be

construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law. It is the

intent of the city to supplement applicable state and federal law and not to duplicate or contradict such law and

this chapter shall be construed consistently with that intention. (Ord. 2799 NCS §4, 2021.)