Sacramento County Municipal Code Ch. 6.86 Distribution of Tobacco Products to Minors

The protection of the public welfare requires that potential access by minors to all forms of tobacco products be strictly regulated.

Harvard University and the National Institute on Drug Abuse have reported that the nicotine in tobacco is a powerful, habit-forming drug that leads to compulsive use, and produces strong withdrawal symptoms. The U.S. Public Health Service has described nicotine addiction as the most widespread example of drug dependence in our country.

Studies have found that nicotine addiction typically begins in childhood. It has been estimated that thousands of American children smoke for the first time every day. Many youth, particularly male teenagers, use smokeless tobacco. Reported tests have shown that minors as young as 11 years of age have experienced little or no difficulty in purchasing tobacco products.

The purpose of this chapter is to reduce the likelihood of minors obtaining tobacco products in the unincorporated area of the County, by regulation of the potential sources thereof without unduly interfering with permitted transactions or prohibiting tobacco vending machines. This chapter enables affected persons to determine for themselves the methods they will employ to achieve compliance herewith.

(SCC 0734 § 1, 1988)

"Distribute"

shall mean to sell, give away, or in any way furnish as part of a commercial transaction, including by means of direct retail sale, vending machine sale, or promotional free distribution.

(SCC 0734 § 1, 1988)

"Person"

shall mean an individual, a partnership, corporation, unincorporated association, joint venture or other entity.

(SCC 0734 § 1, 1988)

"Tobacco product"

shall mean any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.

(SCC 0734 § 1, 1988)

"Tobacco vending machine"

shall mean any electronic or mechanical device the operation of which depends upon the insertion of money, in coin or paper bill, or other thing representative of value, which dispenses or vends a tobacco product.

(SCC 0734 § 1, 1988)

"Tobacco vending machine owner"

shall mean any person who has an ownership or leasehold interest in a tobacco vending machine and who installs or places, or causes to be installed or placed, such tobacco vending machine on any premises for the purpose of distributing a tobacco product therefrom.

(SCC 0734 § 1, 1988)

Any person, including a tobacco vending machine owner, who distributes a tobacco product to a minor who is in fact under the age of 18 years, whether or not the fact of such minority was known to such person at the time of distribution, is guilty of an infraction.

(SCC 0734 § 1, 1988)

Any person who authorizes the installation or placement of a tobacco vending machine upon premises which the person manages or otherwise controls and who permits or suffers knowingly or unknowingly, any tobacco product to be distributed from such vending machine to a minor under the age of 18 years is guilty of an infraction.

(SCC 0734 § 1, 1988)

For the purpose of preventing the violation of Section 6.86.070 or 6.86.080, any person may refuse to distribute a tobacco product to a person who is unable to produce adequate written evidence that he or she is over the age of 18 years.

(SCC 0734 § 1, 1988)

Proof that the defendant, or his or her employee or agent, demanded, was shown, or acted in reliance upon bona fide evidence of majority and identity in any transaction prohibited by Section 6.86.070 or 6.86.080 shall be a defense to any criminal prosecution therefor, or to any civil proceeding based thereon. Bona fide evidence of majority and identity of a person shall be a document issued by a federal, state, county or municipal government, or subdivision or agency thereof, which contains the name, date of birth, description and picture of the person, including, without limitation, a motor vehicle operator's license, or an identification card issued to a member of the armed forces.

(SCC 0734 § 1, 1988)

It shall be unlawful and an infraction for any minor under the age of 18 years to purchase a tobacco product within the unincorporated area of the County of Sacramento.

(SCC 0734 § 1, 1988)

A. Every person who distributes tobacco products within the unincorporated area of the County of Sacramento shall post conspicuously and keep so posted in each place of business from which tobacco products are distributed a sign in letters at least one inch high which states as follows:

It is unlawful to distribute tobacco products to a minor under the age of 18 years.

It is unlawful for a minor under the age of 18 years to purchase tobacco products.

Sacramento County Code Sections 6.86.070, 6.86.080, 6.86.110.

B. Every tobacco vending machine owner shall affix and keep affixed to the front of each tobacco vending machine within the unincorporated area of the County of Sacramento a sign as described in subsection (a).

(SCC 0734 § 1, 1988)