Sacramento Municipal Code Ch. 5.112 Self-Service Tobacco Merchandising

Substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.

The National Centers for Disease Control and Prevention have found that at least four hundred thirty-four thousand (434,000) Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. 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 adolescents before the age of legal consent.

The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.

Studies have shown that shoplifting tobacco products is a common behavior among smoking teens; in fact, one in ten (10) teenagers reported shoplifting as their primary means of obtaining cigarettes.

Tobacco is a "gateway" to other drug dependencies. Kids who smoke heavily (one pack per day) are three times more likely to use alcohol, eight times more likely to use marijuana, and twenty-two (22) times more likely to use cocaine.

Children are starting to smoke at younger and younger ages. The average teen smoker begins smoking at age fourteen and one-half (14½) years and becomes a daily smoker before age eighteen (18). Studies show that if people do not begin smoking as a teenager they will likely never start smoking.

Accordingly, the city council finds and declares that, in order to reduce youth access to tobacco products and tobacco paraphernalia, it is necessary to prohibit self-service merchandising of tobacco products and paraphernalia and permit only vendor-assisted merchandising of tobacco products and paraphernalia. (Ord. 97-070 § 1; prior code § 37.03.301)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

"Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit making purposes.

"Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services to a nonprofit entity.

"Employer" means any person, including a municipal corporation or nonprofit entity, who employs one or more employees.

"Minor" means any individual who is less than eighteen (18) years old.

"Person" means any individual, partnership, corporation, or any other legal entity.

"Self-service merchandising" means open display of tobacco products and tobacco promotional products to which members of the public, especially children, have access without the intervention of an employee of the business.

"Tobacco paraphernalia" means cigarette papers, or any other instrument or paraphernalia designed for the smoking or ingestion of tobacco.

"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form or manner of tobacco for ingestion.

"Tobacco retailer" means any person who owns, operates, or manages a business, store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use, and includes any person who is responsible for supervising the day-to-day operation of the business.

"Vendor-assisted merchandising" means an arrangement by which only an employee of the tobacco retailer has access to the tobacco product and an employee must assist the customer by retrieving the product for the customer. The customer may not and does not take possession of the product until it has been purchased.

"Within line of sight of an employee" means that tobacco products themselves (and not merely the racks, shelves, kiosks, etc. on which the products are located) are under the direct and continuous surveillance of an employee and located no more than eight feet from a regular work station of an employee. (Ord. 97-070 § 1; prior code § 37.03.302)

It is unlawful for any person, business, or tobacco retailer in the city to sell, permit to be sold, offer for sale, or display for sale any tobacco product or tobacco paraphernalia, except tobacco pipes and pipe tobacco, by means of self-service merchandising or by any means other than vendor-assisted merchandising unless the tobacco products are within line of sight of an employee.

Any person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter shall have the following responsibilities:

A. To eliminate self-service merchandising of tobacco products and tobacco paraphernalia except to the extent permitted by this chapter; and

B. To sell tobacco products and tobacco paraphernalia only by means of vendor-assisted sales unless otherwise permitted by this chapter. (Ord. 97-070 § 1; prior code § 37.03.303)

A. It is the responsibility of the chief of code enforcement to enforce, in behalf of the city, and consistent with available resources, the provisions of this chapter.

B. Any person who desires to register a complaint under this chapter may initiate a complaint with the chief of code enforcement. The chief of code enforcement shall notify, and keep a record of notice, any establishment subject to this chapter of all citizen complaints under this chapter regarding apparent violation of this chapter by said person, tobacco retailer, or any owner, manager or operator of any establishment subject to this chapter.

C. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter. (Ord. 97-070 § 1; prior code § 37.03.304)

It is unlawful for any tobacco retailer to fail to comply with any provisions of this chapter. (Ord. 97-070 § 1; prior code § 37.03.305)

Any person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction, punishable by:

A. A fine not exceeding one hundred dollars ($100.00) and/or five days of community service for the first violation.

B. A fine not exceeding two hundred dollars ($200.00) and/or ten (10) days of community service for a second violation of this chapter within one year.

C. A fine not exceeding five hundred dollars ($500.00) and/or fifteen (15) days of community service for a third violation of this chapter within one year. (Ord. 97-070 § 1; prior code § 37.03.306)

No employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide or abides by the provisions of this chapter. (Ord. 97-070 § 1; prior code § 37.03.307)

In order to increase voluntary compliance with this chapter, the chief of code enforcement may, consistent with available resources, conduct informational activities to notify and educate tobacco retailers and the public of the requirements of this chapter. (Ord. 97-070 § 1; prior code § 37.03.309)