Richmond Municipal Code Ch. 7.107 Prohibition of Tobacco Product Sales at Drug Stores

For purposes of this chapter, the following words, terms and phrases shall have the meanings given below:

"City Manager" shall mean the Richmond City Manager or his or her designee.

"Drug store" shall mean any business or other commercial enterprise that is (1) licensed as a pharmacy by the State of California pursuant to the California Business and Professions Code, and (2) identified as a Drug Store with the California Board of Equalization, or with the Richmond Finance Department, or is otherwise commonly known as a drugstore.

"Tobacco product" as used in this chapter shall mean: (1) any substance containing tobacco leaf, including, but not limited, to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)

No drug store shall sell, or otherwise distribute, tobacco products.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)

The City may seek compliance with this chapter by any remedy allowed under the Richmond Municipal Code, including, but not limited to, revocation of tobacco license pursuant to Section 7.106.120, Administrative fines (Richmond Municipal Code Chapter 2.62), or the penalties set forth in Section 1.04.100 of the Richmond Municipal Code.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)

Any license to sell tobacco issued to a pharmacy, as defined by California Business and Professions Code Section 4037, pursuant to Chapter 7.106 shall expire on January 1, 2010, and shall not be renewed if sales of tobacco by that pharmacy are prohibited under this chapter.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)

The City Manager may issue and amend rules, regulations, standards, guidelines, or conditions to implement and enforce this chapter.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)

In adopting this chapter, the Richmond City Council does not intend to regulate or affect the rights or authority of the state to do those things that are required, directed, or expressly authorized by federal or state law. Further, in adopting this chapter, Richmond City Council does not intend to prohibit that which is prohibited by federal or state law.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)

In undertaking the adoption and enforcement of this chapter, the Richmond City Council is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a person to sue for money damages for an injury that the person claims to arise as a result of a City Officer or employee taking or failing to take an action with respect to any matter covered by this chapter.

(Ord. No. 38-09 N.S., § 2, 11-17-2009)