Rohnert Park Municipal Code Ch. 8.33 Prohibition of Head Shops, Hookah Bars, Tobacco Vending Machines And…

The purpose of this chapter is to detail the prohibition of head shops, hookah bars, tobacco vending machines and tobacco self-service displays within the City of Rohnert Park.

(Ord. No. 813, § 4C, 4-28-2009)

A. The Surgeon General of the United States and local public health agencies and private health organizations have found that cigarettes and other tobacco products are easily available to minors from vending machines, tobacco retailers, and shoplifting.

B. The U.S. Centers for Disease Control have found that at least four hundred and thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the United States and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco caused diseases became addicted to nicotine in tobacco products as minors.

C. The National Institute on Drug Abuse has concluded that there is a strong correlation between drug use and violence and that head shops promote the use of illegal or illicit drugs.

D. Strong legislative action is needed to curtail the wide availability of all types of paraphernalia, tobacco and tobacco products.

(Ord. No. 813, § 4C, 4-28-2009)

A. "Head shop" means a retail outlet that receives ninety percent or more of its gross revenues from the sale of paraphernalia related to the consumption of cannabis, other recreational drugs and/or new age herbs. Products typically include but are not limited to, water pipes, bongs, roach clips, pipes, rolling papers, rolling machines, and whipped cream chargers containing nitrous oxide.

B. "Hookah bar" means a business location that provides for the ingestion, inhalation or consumption of tobacco or tobacco products by way of an apparatus which includes, but is not limited to the following parts: a water vessel, a bowl for holding combustible tobacco or tobacco products and an inhalation hose or tube. Hookah bar does not include a private smokers' lounge attached to a tobacco shop.

C. "Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.

D. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wrap, pipes, holders of smoking materials of all types, cigarette rolling machines or other instruments or things designed for the smoking or ingestion of tobacco products.

E. "Tobacco product" means any product containing tobacco leaf, including but not limited to, bidis, chewing tobacco, cigarettes, cigars, dipping tobacco, pipe tobacco, snuff, or any other preparation of tobacco.

F. "Vending machine" means a machine, appliance, or other mechanical device operated by currency, token, debt card, credit card, or any other form of payment that is designed or used for vending purposes.

(Ord. No. 813, § 4C, 4-28-2009)

A. It is unlawful for any person, business or other entity to operate a head shop or hookah bar.

B. It is unlawful for any person, business or other entity to sell, offer to sell, or permit to be sold any cigarette or other tobacco product or paraphernalia from a vending machine.

C. It is unlawful for any person, business, or other entity to display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display.

(Ord. No. 813, § 4C, 4-28-2009)

A. Every act prohibited or declared unlawful by the provisions of this chapter shall constitute an infraction, and each day or portion thereof that such violation is in existence shall be a new and separate offense as set forth in Chapter 1.25. The fourth and any additional violations within any twelve consecutive month period may be charged as a misdemeanor pursuant to Chapter 1.16 of the Rohnert Park Municipal Code.

B. Any violation of any provision of this chapter shall be punished by administrative penalties as prescribed in Chapter 1.25 of the Rohnert Park Municipal Code.

C. In addition to any other remedy provided by the Rohnert Park Municipal Code or by state law or any other law, the city may commence action or proceedings for the abatement, removal and enjoinment of any violation of this chapter in the manner provided by law.

D. In addition to the penalties and remedies set forth above, anyone violating a provision(s) of this chapter shall be subject to having any other related permits or licenses revoked by the City of Rohnert Park for said violation.

(Ord. No. 813, § 4C, 4-28-2009)

No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.

(Ord. No. 813, § 4C, 4-28-2009)

This chapter shall not be interpreted or construed to permit smoking where is it otherwise restricted by state or federal law.

(Ord. No. 813, § 4C, 4-28-2009)

The provisions of this chapter shall be effective thirty days from and after the date of its adoption and publication or posting as required by law.

(Ord. No. 813, § 4C, 4-28-2009)

If any section, subsection, sentence or clause or phrase of this chapter is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter.

(Ord. No. 813, § 4C, 4-28-2009)