South Pasadena Municipal Code § 17.58 Requirement of vendor-assisted sales

It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, or offer for sale any tobacco product by means of a self-service display, cigarette vending machine, or by any means other than vendor-assisted sales. This prohibition shall not apply to tobacco shops and cigar lounges. A “self-service display” is the open display of tobacco products which the public has access to without the intervention of a store employee, including, but not limited to, a rack, shelf, or counter-top display. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010.)

The seller of any tobacco products shall require photographic identification if a purchaser reasonably appears to be under 27 years of age. In compliance with federal and state law, tobacco products shall not be sold to anyone under 21 years of age. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010; Ord. No. 2322, § 7, 2018.)

A. Except as otherwise provided in this chapter, it is unlawful to smoke in all enclosed workplaces of commercial enterprises, nonprofit entities and all city-owned and managed buildings and vehicles, including but not limited to open office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms, and auditoriums.

B. On-site cafeterias, lunchrooms and lounges shall be deemed workplaces and smoking prohibited therein, whether or not such facilities are open to members of the general public.

C. Each commercial enterprise, nonprofit entity and the city shall comply with these smoking prohibitions and be responsible for their implementation in the workplace, and “No Smoking” signs shall be posted in the manner prescribed in Section 17.57-3.

D. Notwithstanding this section, a private residence including either an attached or detached garage shall not constitute a workplace, except when the residence serves as a licensed day care facility. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010.)

A. Every owner, operator, manager, or other persons having control of a property where smoking is prohibited under this chapter shall conspicuously post signs on-site using a city-provided “No Smoking” sign template with capital letters not less than one-inch in height and the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) on a contrasting background. City staff may use discretion to approve operators’ requests for minor modifications to the appearance of the city-provided “No Smoking” sign on a case-by-case basis.

B. The “No Smoking” postings may be limited to first floor entrances and exits, lobbies, restrooms, and elevators. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, §§ 3, 4, 2010.)

Employers are not required to incur expense to make structural or other physical modifications to comply with this chapter. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010.)

A. The provisions of this chapter shall be enforced by the chief of police of the city or an authorized designee.

B. The owner, operator or manager of any facility, business or agency shall comply with this chapter as a requirement of receiving a business license to operate in the city. The city manager shall provide business license applicants with copies of this chapter. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010.)

A. It is unlawful and an infraction for any owner, operator or manager of a commercial enterprise or nonprofit to violate any of the provisions of this chapter and such violations shall be punished by a fine and bail forfeiture of no less than one hundred dollars.

B. Any person who violates any provision of this chapter by smoking in a posted “no smoking” area is guilty of an infraction and shall be punished by a fine and bail forfeiture of no less than one hundred dollars.

C. Any person who violates any provision of this chapter by failing to post or cause to be posted a “no smoking” sign required by this chapter is guilty of a misdemeanor. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, §§ 3, 5, 2010.)

It is unlawful for an employer to discharge or refuse to hire, or in any manner retaliate against a party who files a complaint under this chapter. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010.)

A. This chapter is not intended to regulate smoking on property owned or leased by county, state or federal governmental entities or tobacco and cigar stores.

B. Any owner, operator or manager of a business or other establishment subject to this chapter may apply to the city council for an exemption or modification to any provision of this chapter due to unusual circumstances or conditions not related to youth access to tobacco products or the public’s exposure to secondhand smoke. Such exemption shall be granted only if the city council finds from the evidence presented by the applicant for exemption either that:

1. The applicant cannot comply with the provisions of this chapter for which an exemption is requested without incurring expenses for structural or other physical modifications, other than posting signs, to buildings and structures; or

2. Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. (Ord. No. 2161, § 2, 2007; Ord. No. 2204, § 3, 2010.)