Richmond Municipal Code Ch. 9.58 Cigarette and Tobacco Product Sampling

For the purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise:

(a) "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 filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subsection (a)(1) above.

(b) "Coupon" means anything that can be exchanged for or used to acquire a cigarette or tobacco product, such as a printed piece of paper, voucher, ticket, rebate, rebate offer, check, credit, token, code, password, or anything labeled "coupon" or "coupon offer."

(c) "Nominal cost" means the cost of any item that is transferred from one person to another for less than the total of: (1) twenty-five percent (25%) of the full retail value of the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all still due on the item at the time of transfer.

(d) "Nonsale distribution" means to give, within the jurisdictional limits of the City, a cigarette, tobacco product, or coupon at no cost or at nominal cost to a person who is not a tobacco seller.

(e) "Tobacco product" means: (1) any substance containing tobacco leaf, including but not limited to cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, or any other preparation of tobacco other than a cigarette; 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 other than: (i) a cigarette; or (ii) any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco product dependence.

(f) "Tobacco seller" means any person who is in the business of selling or distributing cigarettes or tobacco products.

(Ord. No. 11-09 N.S., § 2, 6-2-2009)

(a) No tobacco seller nor any agent or employee of a tobacco seller shall engage in the nonsale distribution of any cigarette, tobacco product, or coupon in any public place.

(b) No person, motivated by profit or a business purpose, shall knowingly permit the nonsale distribution of any cigarette, tobacco product, or coupon: (1) anywhere in any public place under the legal or de facto control of the person; or (2) through any agent or employee of the person. This provision shall not apply to coupons incidentally distributed in connection with a printed or electronic publication, such as, for example, magazines, newspapers, and websites, so long as the distribution by the person is in not primarily motivated by a desire to distribute a coupon.

(Ord. No. 11-09 N.S., § 2, 6-2-2009)

(a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(b) Each violation of this chapter constitutes a misdemeanor punishable as provided in Section 1.04.100 of this Code or may, in the discretion of the City Attorney, be prosecuted as an infraction if the interests of justice so require.

(c) Enforcement of this chapter shall be the responsibility of the City Manager or his or her designee. In addition, any peace officer or Code Enforcement Official also may enforce this chapter.

(d) Violations of this chapter are subject to a civil action brought by the City of Richmond, punishable by a civil fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) per violation.

(e) Any violation of this chapter is hereby declared to be a nuisance.

(g) 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, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

(h) Any person acting in the interests of: (1) himself, herself, or itself; (2) its members; or (3) the general public may bring a civil action to enjoin a violation of this chapter.

(Ord. No. 11-09 N.S., § 2, 6-2-2009)

(a) Any person acting for the interests of itself, its members, or the general public (hereinafter a "Community Enforcer"), including the City of Richmond, may bring a civil action to enforce this chapter. Upon proof of a violation, a court shall award the following:

(1) Damages in the amount of either:

(A) Upon proof, actual damages; or

(B) With insufficient or no proof of damages, $500 for each violation of this chapter (hereinafter "statutory damages"). Unless otherwise specified in this chapter, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this chapter, no Community Enforcer suing on behalf of the general public shall recover statutory damages based upon a violation of this chapter if a previous claim brought on behalf of the general public for statutory damages and based upon the same violation has been adjudicated, whether or not the Community Enforcer was a party to that adjudication.

(2) Restitution of the gains obtained in violation of this chapter.

(3) Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health.

(Ord. No. 11-09 N.S., § 2, 6-2-2009)