San Francisco County Municipal Code Art. 19K Prohibiting Sales of Tobacco Products on Property

OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO

Sec. 19K.1. Definitions. Sec. 19K.2. Prohibition Against Tobacco Product Sales, Manufacture, and Distribution on City Property. Sec. 19K.3. Exceptions. Sec. 19K.4. Penalties and Enforcement. Sec. 19K.5. Preemption.

For purposes of this Article 19K, the following terms have the following meanings: “City” means the City and County of San Francisco. “City Property” means real property owned by the City or under the control of the City through a lease or otherwise, including, but not limited to, property under the administrative jurisdiction of the Port Commission, the Municipal Transportation Agency, or the Public Utilities Commission. “Director” means the Director of Health, or the Director’s designee. “Distribute” or “Distribution” means the transfer, by any Person other than a common carrier, of a Tobacco Product at any point from the place of Manufacture or thereafter to the Person who sells the Tobacco Product to an individual for personal consumption. “Manufacture” means to make, fabricate, assemble, repair, or process a Tobacco Product.

“Person” means any individual, firm, partnership, association, corporation, company, organization, or legal entity of any kind. “Sell,” “Sale,” and “to Sell” mean any transaction where, for any consideration, ownership of a Tobacco Product is transferred from one Person to another, including but not limited to any transfer of title or possession for consideration, exchange, or barter, in any manner or by any means. “Tobacco Product” has the meaning set forth in Section 19H.2 of the Health Code. (Added as Sec. 1010 by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 121- 19, File No. 190311, App. 6/28/2019, Eff. 7/29/2019)

AND DISTRIBUTION ON CITY PROPERTY. No Person may Sell, Manufacture, or Distribute Tobacco Products on City Property, except as provided in Section 19K.3. All leases, permits, or agreements awarded by the City allowing any Person to use City Property shall specifically provide that there shall be no Sale, Manufacture, or Distribution of Tobacco Products on such City Property, and such prohibition must be included in all subleases, or other agreements providing for exlusive use of the property. (Added as Sec. 1010.1 by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated and nonsubstantive amendments made by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 121-19, File No. 190311, App. 6/28/2019, Eff. 7/29/2019)

(a) The prohibition against Tobacco Product Sales, Manufacture, and Distribution on City Property in Section 19K.2 shall not apply where its application would impair a lease, permit, or use agreement to which the City is a party and is in effect on the effective date of the ordinance in Board File No. 190311 amending this Article 19K. On or after the effective date of that ordinance, the City may not enter into, renew, extend, or materially amend a lease, permit, or use agreement for the use of City Property that does not incorporate the prohibition set forth in Section 19K.2. (b) The prohibition against Tobacco Product Sales, Manufacture, and Distribution on City Property in Section 19K.2 shall not apply to the passenger terminal complex at San Francisco International Airport. (c) The prohibition against Tobacco Product Sales, Manufacture, and Distribution on City Property in Section 19K.2 shall not apply to Persons who are affiliated with an accredited academic institution where the Sale, Manufacture, and/or Distribution of Tobacco Products is conducted as part of academic research. (Added as Sec. 1010.2 by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated and nonsubstantive amendments made by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 121-19, File No. 190311, App. 6/28/2019, Eff. 7/29/2019)

(a) Administrative penalties for violation of the prohibition set forth in Section 19K.2 shall be assessed and collected by the Director in accordance with Administrative Code Chapter 100. (b) The City Attorney may at any time institute civil proceedings for injunctive and monetary relief including civil penalties, against any Person for violations of this Article 19K, without regard to whether the Director has assessed or collected administrative penalties. (c) At any time, the Director may refer a case to the City Attorney’s Office for civil enforcement, but a referral is not required for the City Attorney to bring a civil action under subsection (b). (d) Any Person who violates any provision of this Article 19K shall be subject to injunctive relief and a civil penalty in an amount not to exceed $1,000 for each violation, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following: the nature and seriousness of the misconduct giving rise to the violation, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. (e) The City may recover reasonable attorneys’ fees and costs for civil actions brought under this Section 19K.4. (f) Remedies under this Section 19K.4 are non-exclusive and cumulative to all other remedies available at law or equity.

(Added as Sec. 1010.3 by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated and nonsubstantive amendments made by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018; amended by Ord. 121-19, File No. 190311, App. 6/28/2019, Eff. 7/29/2019)

In adopting this Article, the Board of Supervisors does not intend to regulate or affect the rights or authority of the State to do those things that are required, directed, or expressly authorized by federal or state law. Further, in adopting this Article, the Board of Supervisors does not intend to prohibit that which is prohibited by Federal or State law. (Added as Sec. 1010.4 by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018) SEC. 1010. [REDESIGNATED.] (Added by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated as Sec. 19K.1 by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(Added by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated as Sec. 19K.2 by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(Added by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated as Sec. 19K.3 by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(Added by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated as Sec. 19K.4 by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)

(Added by Ord. 254-08, File No. 081193, App. 11/7/2008; redesignated as Sec. 19K.5 by Ord. 250-18, File No. 180002, App. 11/2/2018, Eff. 12/3/2018)