Selma Municipal Code Ch. 23 Electronic Smoking Devices

The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:

BUSINESS: Any sole proprietorship, partnership, joint venture, corporation, association, or other entity formed for profitmaking purposes.

ELECTRONIC SMOKING DEVICE: An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or description.

ELECTRONIC SMOKING DEVICE PARAPHERNALIA: Cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices.

EMPLOYEE: Any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

EMPLOYER: Any business or nonprofit entity that retains the service of one or more employees.

NOMINAL COST: The cost of any item imposed for the transfer from one person to another for less than the total of: a) twenty five percent (25%) of the fair market value of the item exclusive of taxes and government fees; plus b) all taxes and government fees previously paid and all taxes and government fees still due on the item at the time of transfer.

NONPROFIT ENTITY: Any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, political, social or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a nonprofit entity within the meaning of this chapter.

NONSALE DISTRIBUTION: To give, furnish, or cause or allow to be given or furnished within the jurisdictional limits of the city, an electronic smoking device or electronic smoking device paraphernalia at no cost or at nominal cost to a person who is not a retailer.

PERSON: Any natural person, cooperative association, employer, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency.

PUBLIC PLACE: Any place within the city or county, public or private, that is open to the general public regardless of any fee or age requirement, including, for example, bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses and means any place used by a membership association or club at which nonmember guests are present or permitted, including, for example and without limitation, fraternity and sorority houses.

RETAILER: Any person who sells, offers for sale, or does or offers to exchange for any form of consideration, electronic smoking devices or electronic smoking device paraphernalia. "Retailing" means the doing of any of these things. This definition is without regard to the quantity of the electronic smoking devices or electronic smoking device paraphernalia sold, offered for sale, exchanged, or offered for exchange.

SELF-SERVICE DISPLAY: The open display or storage of electronic smoking devices or electronic smoking device paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of a retailer or employee of a retailer and a direct person to person transfer between a retailer or employee of a retailer and any other person. A vending machine is a form of self-service display.

SMOKING: Inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, or any plant product intended for human inhalation. (Ord. 2016-1, 3-7-2016)

(A) It shall be a violation of this chapter to use an electronic smoking device in any place within the city where smoking of tobacco products is prohibited by law.

(B) No person, employer, or nonprofit entity shall knowingly permit the use of electronic smoking devices in an area under the legal or de facto control of that person, employer or nonprofit entity and in which smoking of tobacco products is prohibited by law. (Ord. 2016-1, 3-7-2016)

(A) Sale To Minors Prohibited: It shall be a violation of this chapter to sell, give or furnish, or cause to be sold, given or furnished, an electronic smoking device or electronic smoking device paraphernalia to a natural person under eighteen (18) years of age in any place within the city.

(B) Positive Identification Required: No retailer shall sell, give or furnish an electronic smoking device or electronic smoking device paraphernalia to a natural person who appears to be under the age of thirty (30) years without first examining identification to confirm that the recipient is at least eighteen (18) years of age.

(C) Self-Service Displays: Self-service displays of electronic smoking devices or electronic smoking device paraphernalia are prohibited.

(D) Nonsale Distribution Prohibited: No person, motivated by an economic or a business purpose, shall engage in the nonsale distribution of any electronic smoking device or electronic smoking device paraphernalia in any public place.

(E) Exception: No provision in this chapter shall apply to any product specifically approved by the United States food and drug administration for use in the mitigation, treatment, or prevention of disease. (Ord. 2016-1, 3-7-2016)

No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who or which seeks to attain compliance with this chapter. (Ord. 2016-1, 3-7-2016)

(A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(B) Violations of this chapter are hereby declared to be a public nuisance.

(C) Violations of any provision of this chapter are subject to administrative, criminal, civil or other penalties and enforcement pursuant to title I, chapter 4 of this code. (Ord. 2016-1, 3-7-2016)

Notwithstanding anything in this chapter to the contrary, all other provisions of this code, including, but not limited to, title XI, chapter 28 of this code relating to signs, are applicable to persons subject to the provisions of this chapter. (Ord. 2016-1, 3-7-2016)