Santa Monica Municipal Code Ch. 4.45 Tobacco Retailer Licensing

It is the intent of the City Council, in enacting this Chapter, to encourage responsibility in tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to minors.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)

The following words and phrases, as used in this Chapter, shall have the following meanings:

(a)

"Electronic smoking device"

means an electronic or battery-operated device that delivers vapor for inhalation. The term includes every variation and type of such devices including electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic hookahs or any other similar product.

(b)

"Person"

means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

(c)

"Proprietor"

means a person with an ownership or managerial interest in a business covered by this Chapter. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

(d)

"Tobacco product"

means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco or bidis, and any electronic smoking device.

(e)

"Tobacco retailer"

means any person who sells, offers for sale or sample, advertises or otherwise promotes, or does or offers to exchange for any form of consideration, in public view, any tobacco products.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08; amended by Ord. No. 2469CCS § 3, adopted 10/14/14)

(a) No person shall operate as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pursuant to this Chapter for each location at which that activity is to occur.

(b) Tobacco retailing without a valid tobacco retailer's license is a public nuisance.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)

(a) Applicants for a license under this Chapter shall pay a non-refundable license fee in an amount established by Council resolution and sufficient to cover the costs of administration, enforcement and education.

(b) All applications shall be completed on a form prepared and supplied by the City Manager or the Manager's designee.

(c) Applicant shall be required to disclose any violations of the State tobacco licensing laws at any location within the City of Santa Monica within the five years prior to the application for which applicant's state tobacco retailer's license was either suspended or revoked.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)

(a) Except as otherwise provided herein, and except where a tobacco retailer's establishment would not otherwise be permitted under local, State or Federal laws, a license shall be issued upon receipt of a complete application in conformity with all of the requirements set forth in the application procedure section of this Chapter, and payment of the license fee.

(b) A tobacco retailer's license will not be issued where:

(1) Suspension or revocation proceedings have been initiated by any local, State or Federal agency for violations of local, State or Federal tobacco control laws within the preceding thirty-day period.

(2) Proprietor or any person employed by proprietor has been convicted or civilly adjudged liable for violating any local, State or Federal tobacco control law within six months prior to the date of application.

(3) The proprietor's tobacco retailer's license was revoked for the same location within the five years preceding the date of the application.

(4) The tobacco retailer has not obtained a valid State tobacco retailer's license from the California Board of Equalization.

(5) The tobacco retailer does not have a valid Santa Monica business license or is delinquent on the payment of business tax, late payment penalties or other associated fees.

(c) Every license issued under this Chapter shall be conditioned upon compliance with all applicable signage and advertising regulations.

(d) Every license issued under this Chapter shall be posted and displayed at all times in a conspicuous place within the business location that is visible to the public.

(e) Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless the location has been fully transferred to a new proprietor.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)

(a) A tobacco retailer license will be valid until June 30th of every year and if not renewed will expire. Each tobacco retailer shall apply for the renewal of its tobacco retailer's license and submit the license fee no later than thirty days prior to expiration of the term.

(b) If any material information required for issuance of a license herein has changed since the original license was issued, a new tobacco retailer's license is required before the business may continue to act as a tobacco retailer.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)

(a) No tobacco retailer shall violate any local, State or Federal law that relates to the sale, use, smoking, or other regulation of tobacco products.

(b) No tobacco retailer shall sell or transfer a tobacco product to another person who appears to be under the age of twenty-seven years, without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under State law, to purchase and possess the tobacco product.

(c) No tobacco retailer shall permit any person who is younger than the minimum age established by State law for the purchase or possession of tobacco products, to participate in the sale of tobacco products.

(d) No tobacco retailer shall display tobacco products in a manner that is accessible to the general public without the assistance of the tobacco retailer or its employee.

(e) No tobacco retailer shall sell or display cigarettes out of the manufacturer's package or without required health warnings.

(f) No tobacco retailer shall sell tobacco products from other than a fixed location, including, but not limited to, sales by persons on foot or from vehicles.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)

(a) A tobacco retailer's license may be revoked by the City Manager or the Manager's designee if one of the following conditions exist:

(1) The information contained in the application, including supplemental information, if any, is found to be false in any material respect;

(2) The license was issued in error or on the basis of false or misleading information supplied by a proprietor.

(b) In addition to any other remedy authorized by law, a tobacco retailer's license may be suspended or revoked by the City Manager or the Manager's designee if it is determined that the tobacco retailer or its agents violated the conditions of this Chapter or any local, State or Federal law pertaining to the sale of tobacco products to underage minors, as follows:

(1) Upon a finding of a first violation, the license may be suspended for up to thirty days;

(2) Upon a finding of a second violation within five years of the first violation, the license may be suspended for up to ninety days;

(3) Upon a finding of a third violation within five years of the first violation, the license may be revoked.

(c) No proprietor may re-apply for a tobacco retailer's license at the same retail location for five years after the date of revocation.

(d) The procedure used for revocation shall substantially conform to that set forth in the Santa Monica Municipal Code regarding business licenses generally. Any decision to revoke or suspend a license may be appealed according to the provisions of the Santa Monica Municipal Code. An appeal shall stay all proceedings in furtherance of the appealed action.

(e) During any period of license suspension or revocation, the tobacco retailer must remove from public view all tobacco products and related advertising.

(f) Violations of this Chapter constitute a misdemeanor.

(g) Violations of this Chapter may be remedied by a civil injunction or abatement action initiated by the City Attorney.

(Added by Ord. No. 2277CCS § 1, adopted 11/11/08)