Pleasant Hill Municipal Code Art. IV Sales Of Flavored Tobacco Products And Sales Of Electronic Smoking Devices…

A. No person or tobacco retailer shall sell, or offer to sell, any flavored tobacco product.

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 manufacturer or any of the manufacturer's agents or employees, in the course of their agency or employment, has:

1. Made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor; or

2. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

D. The provisions of this section shall not apply to loose leaf tobacco or cigars.

(Ord. 952 § 15, 2022)

No person or tobacco retailer shall sell, or offer to sell, any electronic smoking device or electronic smoking device paraphernalia.

(Ord. 952 § 15, 2022)

Notwithstanding any other provision of this article, hookah tobacco businesses with valid retailer's licenses issued pursuant to this chapter shall be exempt from the requirements of this chapter; provided, that such businesses qualify as an adult-only business and operate in accordance with all relevant state and local laws relating to the sale of tobacco products and tobacco paraphernalia.

(Ord. 952 § 15, 2022)

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

(Ord. 952 § 15, 2022)

Nothing in this article shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.

(Ord. 952 § 15, 2022)

The city may enforce this article by any means authorized in PHMC Chapter 1.25, including an administrative citation under PHMC Chapter 1.35.

(Ord. 952 § 15, 2022)