Yolo County Municipal Code Ch. 14 Limitations to Access to Tobacco Products

The purpose of this ordinance is to reduce the ability of minors to purchase cigarettes by eliminating self service displays in the unincorporated areas of Yolo County . (§ 1, Ord. 1226, eff. October 1, 1998)

(a) Each year 400,000 Americans die prematurely from tobacco related illnesses. Tobacco use has been linked to cancer, emphysema, heart disease and a variety of other life threatening health problems.

(b) These health problems create a burden for local communities, and more specifically for Yolo County. In addition to the health care cost for these diseases, there is the lost human and economic contributions of each individual who suffers from the preventable effects of tobacco use.

(c) The 1994 National Household Survey on Drug Abuse showed that 90% of tobacco users start well before the age of eighteen, the average child smoker started at age 13 while the average age for smokeless tobacco initiation is 9 years. According to the California State Department of Health Services Tobacco Control System, while adult tobacco use has been declining, youth use has been rising.

(d) All fifty states, and the District of Columbia , prohibit the sale of tobacco products to minors. California Penal Code Sections 308(a) and 308(b) prohibit the sale of tobacco products and paraphernalia to minors and possession of tobacco by a minor. Yet, over 29 million packs of cigarettes are sold to California children annually.

(e) The Synar Amendment to the 1992 Alcohol, Drug Abuse and Mental Health Reorganization Act requires that states reduce sales of cigarettes to minors to below 20% by the year 2000 or lose federal Drug and alcohol funding.

(f) California ’s sales rate sales of cigarettes to minors in is still 21%. Studies show that over 40% of grade school students who smoked daily have shoplifted cigarettes, at some time, from self service displays and that sales to minors drops by between 40% and 80% after enactment of ordinances requiring vendor assisted sales of tobacco products.

(g) Similar legislation in other counties and cities in California have reduced youth access to tobacco products without negatively affecting businesses. (§ 1, Ord. 1226, eff. October 1, 1998)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) Business. “Business” shall mean a fixed location, whether indoors or outdoors, at which merchandise is offered for sale at retail.

(b) Minor. “Minor” shall mean any person under 18 years of age.

(c) Self-Service Displays. “Self-Service Displays” shall mean open displays of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of a store employee.

(d) Tobacco Product. “Tobacco Product” shall mean any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco or any other form of tobacco or tobacco product which may be used for smoking, chewing, inhalation or other means of ingestion.

(e) Vendor-Assisted. “Vendor-Assisted” shall mean only a store owner or employee shall have access to the tobacco product and assists the customer by supplying the product. The customer may not take possession of the product until after it is purchased. (§ 1, Ord. 1226, eff. October 1, 1998)

No retailer or vendor shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining photographic identification establishing the purchaser’s age as eighteen years or greater, unless the vendor or employee has a reasonable basis in fact to know the buyer is over the age of eighteen. (§ 1, Ord. 1226, eff. October 1, 1998)

(a) It shall be unlawful for any person, business or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service display rack or shelf that allows self-service sales or any means other than vendor-assisted sales.

(b) All tobacco products shall be displayed and offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a location which requires vendor or employee assistance to retrieve the tobacco product. (§ 1, Ord. 1226, eff. October 1, 1998)

No person, business, tobacco retailer, or other establishment in the unincorporated areas shall sell or offer for sale cigarettes or other tobacco products not in the original packaging provided by the manufacturer and with all required health warnings. (§ 1, Ord. 1226, eff. October 1, 1998)

Any person, business, tobacco retailer, or other establishment in the unincorporated area which sells tobacco products shall post plainly visible signs at the point of purchase of tobacco products which comply with California State Business and Professions Code Section 22952 (STAKE Act). All letters of said sign shall be at least one half inch high or larger. (§ 1, Ord. 1226, eff. October 1, 1998)

If any portion of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect the other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. (§ 1, Ord. 1226, eff. October 1, 1998)

(a) Enforcement of this chapter shall be the responsibility of the County Administrative Officer. The County Administrative Officer shall not undertake further enforcement against a person without giving one warning and/or offering an education session with a staff person designated by the Director of the County Health Department.

(b) Notice of this chapter shall be given to all applicants for a business license or renewal thereof.

(c) Any citizen who wishes to register a complaint under this chapter may initiate enforcement by bringing the matter to the attention of the staff person designated by the Director of the County Health Department.

(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this regulation of this Chapter to refuse to comply with any of its provisions.

(b) Any person, business, tobacco retailer, owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction punishable by:

(1) A fine not exceeding One Hundred Dollars ($100.00) for the first violation;

(2) A fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second violation within one year; and

(3) A fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for a third violation for each additional violation of this chapter within one year.

(c) A person who violates any provision of this chapter shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues. (§ 1, Ord. 1226, eff. October 1, 1998)

The County Health Department shall engage in a continuing program to explain and clarify the purpose and requirements of this chapter to citizens effected and business effected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter. (§ 1, Ord. 1226, eff. October 1, 1998)