Chapter 7.30 — SMOKING AND TOBACCO PROHIBITIONS

The purposes and intent of this chapter are to:

• A. Protect against wildfires;

• B. Promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco users;

• C. Discourage actions that promote the unlawful sale of tobacco products to minors as well as the unlawful purchase or possession of tobacco products by minors.

• (Ord. 560 § 3, 2019)

For the purposes of this chapter, the following terms are defined as set forth in this chapter:

"Arcade" is any establishment with the City of Santee (other than a pool hall, billiard hall or card room) open to the public with six or more games of skill or amusement installed on the premises.

"Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medicinal, dental, engineering, architectural or other professional services are delivered.

"Distribution" means to give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.

"Minor" means any individual who is younger than 21 years old.

"Playground" means any outdoor premises or grounds owned or operated by the City, a public or private school, child care center, youth or recreational center, which contains any play or athletic equipment, used or intended to be used by minors.

"Promotion" includes a display of any logo, brand name, character, graphics, colors, scenes, or designs that are trademarks of a particular brand of tobacco product, on any door, sign, poster, banner, pamphlet or other paper, clock, display, display rack, ashtray, trash can, t-shirt or other clothing, lighter or other device.

"Public trail" means any route, path, or trail, identified in the Trails Element of the Santee General Plan, designated as such by the Director of Community Services, or posted as such through signage.

"Publicly visible location" means any location that is open to or visible to the public from any street, sidewalk or other public thoroughfare, and includes the placement of outdoor signs such as billboards, signs attached to poles, posts or other fixtures, signs attached to the outside of buildings, signs placed in the windows or doors of buildings that are visible to passers-by, and free standing signs on the sidewalk.

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

"Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoke" or "smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device.

"Tobacco accessories" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of tobacco products.

"Tobacco product" means any of the following:

1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.

2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

• Any component, part, or accessory of a tobacco product, whether or not sold separately.

"Tobacco product" does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose.

"Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or releases a tobacco product and/or tobacco accessories.

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

(Ord. 560 § 3, 2019)

• A. No person is permitted to smoke on a public trail within the City.

• B. No person is permitted to smoke within a City park.

• C. The provisions of this section do not apply in any circumstances where Federal or State law regulates smoking if the Federal or State law preempts local regulations, or if the Federal or State law is more restrictive.

• D. The Director of Community Services is authorized to install and maintain permanent "No Smoking" signs at all public trails to aid in enforcement of this section.

• (Ord. 567 § 2, 2019)

No person is permitted to locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use of a tobacco vending machine on that person's premises, except as permitted by State law; provided that any establishment that installs, keeps, maintains or uses a tobacco vending machine must also prohibit minors from entering the premises and must only locate any tobacco vending machine where an employee or agent of the licensee is able to observe its use all times. (Ord. 560 § 3, 2019)

It is unlawful for any person, business or tobacco retailer to sell any tobacco product to any individual who appears to be younger 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 a minor, unless the seller has some other reliable basis for determining the purchaser's age. (Ord. 560 § 3, 2019)

It is unlawful for any person, business, or tobacco 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. (Ord. 560 § 3, 2019)

It is unlawful for any person, business, or tobacco retailer to distribute free tobacco products or promotional items, except in enclosed areas where minors are not permitted. (Ord. 560 § 3, 2019)

• A. Every person who sells or deals in tobacco products must post conspicuously in his or her place of business at each point of purchase a notice stating that the sale of tobacco products to minors is prohibited by law and subject to penalties. The notice must also state that photo identification is required to purchase tobacco products. The letters of the sign must 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 the posting requirements of California Penal Code Section 308(c) satisfies subsection A.

• C. It is unlawful for any person who sells or deals in tobacco products to fail to post a sign in accordance with this section.

• (Ord. 560 § 3, 2019)

No person, business, tobacco retailer or other establishment is permitted to sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer.

(Ord. 560 § 3, 2019)