Article III — SALE AND USE OF TOBACCO PRODUCTS

SECTION:

18-46: Legislative Purpose

18-47: Definitions

18-48: Use Of Tobacco By Minor

18-49: Display Of Tobacco Products

18-46: LEGISLATIVE PURPOSE:

The city of Porterville has determined that in order to protect the health, safety and welfare of those citizens within the city and metropolitan area under the age of eighteen (18) years, it is necessary to regulate the sale, acquisition, or possession of tobacco products facilitated by self-service displays. (Ord. 1656 § 1, 7-20-2004)

18-47: DEFINITIONS:

As used in this article, those terms identified in this section shall, unless the context indicates otherwise, be ascribed the meaning contained herein.

EMPLOYEE: Any person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed. "Employee" also includes any person volunteering his or her time or service.

MINOR: Any person under eighteen (18) years of age.

TOBACCO PRODUCT: Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, chewing tobacco, or any other form of tobacco which may be utilized for smoking, chewing, inhaling, snuffing, or other manner of ingestion or absorption in the human body.

TOBACCO SHOP: A business establishment in which fifty percent (50%) or more of any one or more of the following is devoted to or attributable to the sale of tobacco products:

A. Wall space or any other display area such as tables, racks, or display structures; or

B. Gross revenues.

WHOLESALE RETAILER: Any large scale retail establishment with supporting goods and services designated to service a regional service trade area. (Ord. 1656 § 1, 7-20-2004)

18-48: USE OF TOBACCO BY MINOR:

No minor shall, in the streets or in any public place, smoke a cigar, pipe, cigarette, or shall use tobacco in any form. (Ord. 1656 § 1, 7-20- 2004)

18-49: DISPLAY OF TOBACCO PRODUCTS:

It shall be unlawful for any person, firm, corporation, business, partnership, or other entity doing business within the city of Porterville to store, stock, keep, or display for sale or transfer any tobacco product in any area other than a place that is locked and secured, or is otherwise made inaccessible to the public and which is accessible only to the employees of the business. This prohibition shall not apply to "tobacco shops" or "wholesale retailers". (Ord. 1656 § 1, 7-20-2004)