Part 3 — OPERATING REGULATIONS AND CONDITIONS

A.

The provisions of this Part shall constitute terms and conditions applicable to each Tobacco Retail License issued by the Director.

B.

The provisions of this Part shall also constitute operating regulations that are applicable to each holder of a Tobacco Retail License issued pursuant to this Chapter.

C.

It shall be unlawful for any Tobacco Retailer licensed under this Chapter, required to be licensed under this Chapter, whether or not such Tobacco Retailer is actually so licensed under this Chapter, to violate any of the provisions of this Chapter.

D.

The provisions of this Chapter are intended to provide a minimum level of public health, safety and welfare protection at businesses engaging in Tobacco Retailing. Nothing in this Chapter is intended nor shall prevent the City from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes, including, without limitation, environmental or land use approvals or permits. In the event of a conflict between an operating regulation set forth in this Chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement or condition shall apply.

E.

Except as permitted in paragraph 2 of this subsection E, no Tobacco Retailer shall sell a Tobacco Product containing, as a constituent or additive, an artificial or natural flavor or aroma (other than tobacco) or an herb or spice, including but not limited to strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, mint, menthol, or coffee, that is a characterizing flavor or aroma of the Tobacco Product, smoke, or vapor produced by the Tobacco Product after the close of business on June 30, 2022.

A Tobacco Product shall be subject to a rebuttable presumption that the product is prohibited by the above paragraph if:

a.

The product's manufacturer or any other person associated with the manufacture or sale of Tobacco Products makes or disseminates public statements or claims to the effect that the product has or produces a characterizing flavor or aroma, other than tobacco; or

b.

The product's label, labeling, or packaging includes a statement or claim, including any text and/or images used to communicate information, that the product has or produces a characterizing flavor or aroma, other than tobacco.

The prohibition of the sale of those Tobacco Products described in Subsection E does not apply to the following sales:

a.

Shisha Tobacco Products by a Tobacco Retailer provided all of the following conditions are met:

i.

The Tobacco Retailer does not permit any person under twenty-one (21) years of age to be present on the Premises at any time.

ii.

The Tobacco Retailer shall operate in accordance with all local and state laws, including license requirements, relating to the sale of Tobacco Products.

iii.

If consumption of Tobacco Products is allowed on the Premises, the Tobacco Retailer shall operate in accordance with all laws relating to the consumption of Tobacco Products on the Premises of a Tobacco Retailer.

b.

Premium cigars sold in cigar lounges where products are purchased and consumed on the Premises.

c.

Loose leaf tobacco or premium cigars.

No License may be issued to authorize Tobacco Retailing at any location within one thousand (1,000) feet of a school, a community or recreation center, a park, or a library (collectively "sensitive uses"), as measured in a straight line from the parcel boundary of these sensitive uses to the boundary lines of the parcel of the License applicant's proposed business location; provided, however, that the prohibition contained in this paragraph 3 shall not apply to the following:

a.

Any Tobacco Retailer operating lawfully on the day before the effective date of this ordinance;

b.

Any lawfully operating Tobacco Retailer that would otherwise become ineligible to receive a new license due to the creation or relocation of a school.

No license may be issued to authorize Tobacco Retailing at a location which is within five hundred (500) feet of a location occupied by another Tobacco Retailer, as measured in a straight line between the boundary lines of the parcel of an existing Tobacco Retailer's business location and to the boundary lines of the parcel of the License applicant's proposed business location; provided, however, that the prohibition contained in this paragraph 4 shall not apply to any Tobacco Retailer operating lawfully on the day before the effective date of this ordinance;

Any exemption granted to a Tobacco Retailer pursuant to paragraphs 3 and 4 shall cease to apply if a Tobacco Retailer fails to timely renew the License pursuant to Section 6.87.460 of this Chapter.

However, any exemption granted to a Tobacco Retailer pursuant to paragraphs 3 and 4 shall also apply to the sale to another individual, through an Arm's Length Transaction, of a tobacco retail business operating lawfully on the effective date of the ordinance codified in this article. The new owner of such business is required to apply for and obtain a new Tobacco Retailer's license.

(Ords. 28875, 30675.)

In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a tobacco retail license is issued, it shall be a violation of this chapter for any tobacco retailer to violate any federal, state, or local law applicable to tobacco products, tobacco paraphernalia or tobacco retailing.

(Ord. 28875.)

Unless exempted from obtaining a tobacco retail license under this chapter, each tobacco retailer shall post the tobacco retail license issued to the tobacco retailer pursuant to this chapter in compliance with Section 6.02.100 of this code.

(Ord. 28875.)

A.

The director, the chief of police and any city official charged with enforcing the provisions of this code shall have the power and authority to enter any business engaging in tobacco retailing during regular business hours to inspect the premises and to determine compliance with the provisions of this chapter.

B.

Should any inspection reveal noncompliance with any of the provisions of this chapter and should reinspection be needed to determine compliance, the cost of any such reinspection shall be billed to the

owner of the premises or the operator of the business engaging in tobacco retailing in the amount set forth in the schedule of fees established by resolution of the city council.

(Ord. 28875.)

No tobacco retailer shall sell or transfer a tobacco product or tobacco paraphernalia to any person without first examining the identification of that person to confirm that person is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.

(Ord. 28875.)

No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products or tobacco paraphernalia shall engage in tobacco retailing.

(Ord. 28875.)

No tobacco retailer shall engage in tobacco retailing by means of a self-service display unless the tobacco retailer is granted an exemption from obtaining a tobacco retail license pursuant to Section 6.87.210.

(Ord. 28875.)

A.

Except for a tobacco retailer who is exempt from obtaining a tobacco retail license under this chapter, a tobacco retailer who does not have a valid tobacco retailer license or whose tobacco retailer license has been suspended or revoked:

Shall keep all tobacco products and tobacco paraphernalia out of public view; and

Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products or paraphernalia from the premises or that could lead a reasonable consumer to believe that tobacco products or tobacco paraphernalia can be obtained at that premises.

B.

The public display of tobacco products or tobacco paraphernalia in violation of Subsection A. shall constitute tobacco retailing without a tobacco retail license in violation of Section 6.87.200.

(Ord. 28875.)

A.

No Tobacco Retail License under this Chapter may be issued to authorize Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by persons on foot or from vehicles is prohibited.

B.

No Tobacco Retail License under this Chapter may be issued to authorize Tobacco Retailing at a temporary or recurring temporary event. For example, Tobacco Retailing at flea markets and farmers' markets is prohibited.

C.

No License may be issued to authorize Tobacco Retailing at any location within one thousand (1,000) feet of a school, a community or recreation center, a park, or a library (collectively "sensitive uses"), as measured in a straight line from the parcel boundary of these sensitive uses to the boundary lines of the parcel of the License applicant's proposed business location, subject to the exemptions provided in Section 6.87.300 E.3 and 4 above.

D.

No License may be issued to authorize Tobacco Retailing at a location which is within five hundred (500) feet of a location occupied by another Tobacco Retailer, as measured in a straight line between the boundary lines of the parcel of an existing Tobacco Retailer's business location and the boundary lines of the parcel of the License applicant's proposed business location, subject to the exemptions provided in Section 6.87.300 E.3 and 4 above.

(Ords. 28875, 30675.)

A.

Each tobacco retailer shall:

Comply with all applicable laws and ordinances governing the sale of any tobacco products or tobacco paraphernalia;

Comply with all conditions imposed by the director as part of the tobacco retail license; and

Comply with all conditions imposed by any other permit or license required for the business engaging in tobacco retailing.

B.

Each tobacco retailer, and any other person(s) responsible for the operation of the business engaging in tobacco retailing, excluding the city, its agents, officers and employees, shall be jointly and severally liable for:

Any violation of this chapter;

Any violation of the terms of the tobacco retail license or of the exemption issued to the tobacco retailer under this chapter;

Any violation of any other license or permit required for the business engaging in tobacco retailing; and

Any violation of any other applicable law that arises out of the sale of tobacco products or tobacco paraphernalia.

(Ord. 28875.)

A.

The city manager is hereby authorized to make and promulgate any rules and regulations necessary to implement the requirements of this chapter. The rules and regulations shall be in addition to the requirements set forth in this chapter. In the event of a conflict between a provision set forth in this chapter and a rule or regulation promulgated by the city manager pursuant to this section, the more stringent or restrictive requirement or condition shall apply.

B.

No rules or regulations shall be adopted by the city manager as final prior to the city manager meeting all the following requirements:

Any proposed rules and regulations shall be made available for inspection and copying by the public at the office of the city clerk during normal business hours.

A copy of any proposed rules and regulations shall be mailed to each holder of a tobacco retail license and to each holder of an exemption.

A thirty-day public comment period shall be provided which shall commence on the date of service of the proposed rules and regulations on the tobacco retailers. During this period, any person may submit written comments to the city manager.

At the close of the public comment period, the city manager shall consider all the public comments on the proposed rules and regulations.

Once the city manager has considered all public comments, the city manager shall finalize the rules and regulations.

The finalized rules and regulations shall be accompanied by a brief written statement from the city manager that references all the reasonable written comments on the proposed rules and regulation and explains why the comments were accepted, rejected, or modified by the city manager.

The city manager may adopt the rules and regulations as final upon service of the finalized rules and regulations on the licensed tobacco retailers and the tobacco retailers who are exempted from obtaining a tobacco retail license.

C.

Any rules and regulations adopted by the city manager may be amended by following the procedure outlined in Subsection B.

D.

No person licensed under this chapter, required to be licensed under this chapter, or exempted from being licensed under this chapter, whether or not such person is actually so licensed or exempted from being licensed under this chapter, shall violate the provisions of the rules and regulations authorized under this section.

(Ord. 28875.)