San Diego Municipal Code Div. 3 Restricting the Sale, Advertising and Promotion

of Tobacco Products to Minors (“Restricting the Sale, Advertising and Promotion of Tobacco Products to Minors,” added 10-20-1998 by O-18597 N.S.)

For purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Advertising means printed matter that calls the public’s attention to things for sale.

Advertising display sign means a sign, sign-board, billboard, poster, banner, or the
like that is temporarily or permanently placed on or affixed to the ground, the
sidewalk, a pole or post, or a building, or is displayed in the windows of a
commercial establishment, and that is used to advertise or promote products.

City has the same meaning as in San Diego Municipal Code section 11.0210.

Director has the same meaning as in San Diego Municipal Code section 11.0210.

Electronic cigarette has the same meaning as in San Diego Municipal Code
section 43.1001.

Electronic cigarette paraphernalia has the same meaning as in San Diego Municipal
Code section 33.4502.

Electronic cigarette retailer has the same meaning as in San Diego Municipal Code
section 33.4502.

Person has the same meaning as in San Diego Municipal Code section 11.0210.

Self-service display means an open display of tobacco products or electronic
cigarettes that the public has access to without the intervention of an employee.

Tobacco product has the same meaning as in San Diego Municipal Code
section 33.4502.

Tobacco retailer has the same meaning as in San Diego Municipal Code
section 33.4502.

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Vendor-assisted means that only a store employee has access to the tobacco product and assists a customer by supplying the product, and the customer does not take possession of the product until it is purchased.

Vaping juice has the same meaning as in Municipal Code section 33.4502. (“Definitions” added 10-20-1998 by O-18597 N.S.) (Amended 8-7-2015 by O-20554 N.S.; effective 9-6-2015.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any displays containing tobacco products within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice.

(b) It is unlawful for any person, business, tobacco retailer, or electronic
cigarette retailer to place or maintain, or cause to be placed or maintained,
any advertising display sign for tobacco products within two feet of candy,
snack, or non-alcoholic beverage displays inside stores or businesses that sell
tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or
vaping juice.

(“Location of Tobacco Products and Advertising Inside Retail Establishments”
added 10-20-1998 by O-18597 N.S.)
(Renumbered from former Section 58.0305 and amended 8-7-2015 by O-20554 N.S.;
effective 9-6-2015. Former Section 58.0302 “Measure of Distance” repealed.)

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(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any displays containing electronic cigarettes, electronic cigarette paraphernalia, or vaping juice within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice. (b) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to place or maintain, or cause to be placed or maintained, any advertising display sign for electronic cigarettes, electronic cigarette paraphernalia, or vaping juice within two feet of candy, snack, or non-alcoholic beverage displays inside stores or businesses that sell tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice. (“Location of Electronic Cigarettes and Advertising Inside Retail Establishments” added 8-7-2015 by O-20554 N.S.; effective 9-6-2015. Former Section 58.0303 “Advertising Restrictions” repealed.)

Advertising Inside Retail Establishments

(a) Sections 58.0302 and 58.0303 do not apply to retail establishments where
access to the premises by persons under 21 years of age is prohibited by law.

(b) Sections 58.0302(a) and 58.0303(a) do not apply to displays in any
establishment that are located behind a counter and not accessible to patrons.
(“Exceptions to Location of Tobacco Products and Advertising Inside Retail
Establishments,” added 10-20-1998 by O-18597 N.S.)
(Renumbered from former Section 58.0306, retitled from “Exceptions to Location of
Tobacco Products and Advertising Inside Retail Establishments” to “Exceptions to
Location of Tobacco Products, Electronic Cigarettes, and Advertising Inside Retail
Establishments,” and amended 8-7-2015 by O-20554 N.S.; effective 9-6-2015.
Former Section 58.0304 “Exceptions to Advertising Restrictions” repealed.)
(Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

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Cigarettes

It is unlawful for any person, business, tobacco retailer, or electronic cigarette

retailer to sell any tobacco product, electronic cigarette, electronic cigarette

paraphernalia, or vaping juice to an individual who appears to be less than 27 years of age, without first verifying by means of photographic identification containing the bearer’s date of birth, that the purchaser is not younger than 21 years of age, unless the seller has some other reliable basis for determining the purchaser’s age. (“Identification Required for Purchase of Tobacco Products” added 10-20-1998 by O-18597 N.S.) (Renumbered from former Section 58.0307, retitled from “Identification Required for Purchase of Tobacco Products,” to “Identification Required for Purchase of Tobacco Products and Electronic Cigarettes” and amended 8-7-2015 by O-20554 N.S.; effective 9-6-2015.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to sell, permit to be sold, offer for sale, or display for purposes of sale, by means of self-service displays or by any means other than vendor-assisted sales, any tobacco products.

(b) It is unlawful for any person, business, tobacco retailer, or electronic
cigarette retailer to sell, permit to be sold, offer for sale, or display for
purposes of sale, by means of self-service displays or by any means other than
vendor-assisted sales, any electronic cigarette, electronic cigarette
paraphernalia, or vaping juice.
(“Sale and Distribution of Tobacco Products” added 10-20-1998 by O-18597 N.S.)
(Renumbered from former Section 58.0308, retitled from “Sale and Distribution of
Tobacco Products” to “Sale and Distribution of Tobacco Products and Electronic
Cigarettes,” and amended 8-7-2015 by O-20554 N.S.; effective 9-6-2015.)

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(a) It is unlawful for any person, business, tobacco retailer, or electronic cigarette retailer to distribute free tobacco products or promotional items, except in enclosed areas where persons under 21 years of age are not permitted.

(b) It is unlawful for any person, business, tobacco retailer, or electronic retailer
to distribute free electronic cigarettes, electronic cigarette paraphernalia,
vaping juice, or promotional items, except in enclosed areas where persons
under 21 years of age are not permitted.
(“Distribution of Tobacco Samples or Promotional Items” added 10-20-1998 by
O-18597 N.S.)
(Renumbered from former Section 58.0309, retitled from “Distribution of Tobacco
Samples or Promotional Items” to “Distribution of Tobacco or Electronic Cigarette
Samples or Promotional Items,” and amended 8-7-2015 by O-20554 N.S.; effective
9-6-2015.)
(Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) Every person who sells or deals in tobacco products shall post conspicuously in their place of business at each point of purchase a notice stating that the sale of tobacco products to persons under 21 years of age is prohibited by law and subject to penalties. The notice shall also state that photo identification is required to purchase tobacco products. The letters of the sign shall be at least one-half inch in height.

(b) Any sign meeting the content requirements of California Business and
Professions Code section 22952(b) and regulations promulgated thereunder
satisfies section 58.0308(a).

(c) It is unlawful for any person who sells or deals in tobacco products to fail to
post a sign in accordance with section 58.0308(a) or (b).

(d) Every person who sells or deals in electronic cigarettes, electronic cigarette
paraphernalia, or vaping juice shall post conspicuously in their place of
business at each point of purchase a notice stating that the sale of electronic
cigarettes, electronic cigarette paraphernalia, and vaping juice to persons
under 21 years of age is prohibited by law and subject to penalties. The notice
shall also state that photo identification is required to purchase electronic
cigarettes, electronic cigarette paraphernalia, and vaping juice. The letters of
the sign shall be at least one-half inch in height.

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(e) It is unlawful for any person who sells or deals in electronic cigarettes,
electronic cigarette paraphernalia, or vaping juice to fail to post a sign in
accordance with section 58.0308(d).
(“Posting of Signs Regarding Sales to Minors” added 10-20-1998 by O-18597 N.S.)
(Renumbered from former Section 58.0310 and amended 8-7-2015 by O-20554 N.S.;
effective 9-6-2015.)
(Retitled from “Posting of Signs Regarding Sales to Minors” to “Posting of Signs
Regarding Sales to Persons Under Twenty-One Years of Age” and amended
6-2-2022 by O-21455 N.S.; effective 1-1-2023.)

(a) Violations of this Division shall be prosecuted as infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses, subject to the fines and custody provided in Municipal Code section 12.0201. Any Director may also seek injunctive relief and civil penalties pursuant to Municipal Code section 12.0202 or pursue any administrative remedy as provided in Chapter 1 of this Code.

(b) Any person who commits or proposes to commit an act in violation of this
Division is subject to the jurisdiction of a court of competent jurisdiction. An
action for injunction may be brought by any aggrieved person, or any person
or entity which will fairly and adequately represent the interests of the
protected class.

(c) Any plaintiffs who prevail in a civil action brought under this section shall be
entitled to recover reasonable damages, costs, and attorneys’ fees as
determined by the court. In addition to all other damages, the court may award
the plaintiffs a civil penalty of up to one thousand dollars ($1,000.00) for each
violation.

(d) The remedies provided by this section are in addition to any other legal or
equitable remedies the aggrieved person may have and are not intended to be
exclusive.
(“Enforcement” added 10-20-1998 by O-18597 N.S.)
(Renumbered from former Section 58.0312 and amended 8-7-2015 by O-20554 N.S.;
effective 9-6-2015.)
(Renumbered from Section 58.0310 to Section 58.0309 on 6-2-2022 by O-21455 N.S.;
effective 1-1-2023.)

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Article 8: Minors