8.5 inches), and the required notice must meet specified font sizes.

Tobacco sales and advertising location.

i.

It is unlawful for a tobacco retailer engaged in the retail sale of tobacco or tobacco paraphernalia to place or maintain, or to cause to be placed or maintained, any tobacco or tobacco paraphernalia or its advertising within two feet of candy, snacks, or nonalcoholic beverages or less than four feet above the floor inside any store or business.

ii.

Tobacco product advertising which faces outdoors cannot occupy an area larger than fourteen (14) square feet.

Sale of bidis. No tobacco retailer shall sell, offer for sale, distribute, or import any tobacco product commonly referred to as "bidis" or "beedies," unless that tobacco product is sold, offered for sale, or intended to be sold in a business establishment that prohibits the presence of persons under twenty-one (21) years of age on its premises.

Tobacco sales at non-fixed sites. It is unlawful for any person, agent, tobacco retailer, or employee of a person in the business of selling or distributing tobacco products to engage in tobacco retailing at other

than a fixed, permitted location. For example, tobacco retailing by persons on foot and tobacco retailing from vehicles are prohibited.

Tobacco coupons and samples. It is unlawful for any person, agent, tobacco retailer, or employee of a person in the business of selling or distributing tobacco products, including but not limited to smokeless tobacco, cigarettes or tobacco paraphernalia, to engage in the non-sale distribution of any tobacco products to any person on any private property that is open to the general public. "Non-sale distribution" means to give tobacco products or tobacco paraphernalia to the general public at no cost, or at nominal cost, or to give coupons, coupon offers, gift certificates, gift cards, or other similar offers", or rebate offers for tobacco products to the general public at no cost or at nominal cost.

Single sale of cigarettes. No tobacco retailer may sell one or more cigarettes, other than in a sealed and properly labeled package. A sealed and properly labeled package means the original packaging of the manufacturer or importer which meets federal labeling requirements, including the federal warning label. Cigarettes may not be manufactured, distributed, sold, or offered for sale except in a package containing at least twenty (20) cigarettes. Roll-your-own tobacco may not be manufactured, distributed, sold, or offered for sale except in a package containing at least 0.60 ounces of tobacco.

B.

Permit compliance monitoring.

Compliance with this chapter shall be monitored by the department. Any peace officer or enforcement officer may enforce the penal provisions of this chapter.

The department shall check the compliance of each tobacco retailer as necessary to carry out the purpose and intent of this chapter. Subject to the discretion of the department, the department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so that the department may check the compliance of tobacco retailers previously found in violation a greater number of times.

Compliance checks shall determine, at a minimum, check compliance with the requirements of this chapter and specifically if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the department may also determine compliance with other tobacco-related laws.

The county shall not enforce any tobacco-related minimum age law against a person who otherwise might be in violation of such law because of the person's age (hereinafter "decoy") if the potential violation occurs when:

i.

The decoy is participating in a compliance check supervised by a peace officer or an enforcement officer; or

ii.

The decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the department.

C.

No contest plea. A plea of "no contest" or its equivalent by a tobacco retailer for a violation of any law designated in subsection A. above shall operate as an admission that this chapter has been violated for the purposes of permit revocation.

(Ord. No. 838.1, § 7, 1-26-2010; Ord. No. 838.2, § 7, 7-26-2016)