Yolo County Municipal Code Ch. 15 Tobacco Retailer Permit

The purpose of this Chapter is to discourage violations of tobacco-related laws, particularly those which prohibit or discourage the sale or distribution of tobacco products to minors, by requiring a tobacco retailing permit in the unincorporated areas of the County of Yolo as set forth in this Chapter. (§ 2, Ord. 1350, eff. June 15, 2006)

As used herein:

(a) “Arm's Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this Chapter, is not an Arm's Length Transaction.

(b) “Cigar” means:

(1) Any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco; or

(2) Any paper or wrapper that contains tobacco and is designed for smoking or ingestion of tobacco products. For the purposes of this subsection, "cigar" includes, but is not limited to, tobacco products known or labeled as "cigar," "cigarillo," "tiparillo," or "little cigar."

(c) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

(d) “Department” means the Department of Health and Human Services.

(e) “Director” shall mean the Director of the Department of Health and Human Services or the Health Officer of the Department of Health and Human Services or their written designee.

(f) “Drug Paraphernalia” means all equipment, products and materials of any kind which are designed for use or marketed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

(g) “Electronic Smoking Device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Electronic Smoking Device” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. “Electronic Smoking Device” does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(h) “Flavored Tobacco Product” means any Tobacco Product that contains a constituent that imparts a characterizing flavor to the tobacco product or smoke produced by the tobacco product, either by the addition of artificial or natural flavors or an herb or spice, including, but not limited to, menthol, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee.

(i) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

(j) “Proprietor” means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) 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-today operations of a business.

(k) “Self-Service Display” means the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display.

(l) “Significant Tobacco Retailer” means any Tobacco Retailer whose principal or core business is selling Tobacco Products, Tobacco Paraphernalia, or both, as evidenced by any of the following: (i) twenty percent (20%) or more of floor area and display area is devoted to the sale or exchange of Tobacco products, Tobacco Paraphernalia, or both; (ii) fifty percent (50%) or more of completed sales transactions include a Tobacco Product or Tobacco Paraphernalia; or (iii) sixty-seven percent (67%) or more of gross sales receipts are derived from the sale or exchange of Tobacco Products, Tobacco Paraphernalia, or both.

(m) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.

(n) “Tobacco Paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, preparation, storing, consumption or ingestion of Tobacco Products.

(o) “Tobacco Product” means:

(1) Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;

(2) Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

(3) Any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(p) “Tobacco Retailer” means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia, or who distributes free or low cost samples of Tobacco Products or Tobacco Paraphernalia, without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold or offered for sale, exchanged or offered for exchange, or distributed or offered for distribution. "Tobacco Retailing" means the doing of any of these things.

(q) “Tobacco Retailing Permit Hearing Authority” or “Hearing Authority” means one or more persons assigned by the County Administrative Officer the responsibility of conducting a hearing pursuant to this Chapter, and may hereafter be referred to as the Hearing Authority. The County Administrative Officer shall assign hearing responsibility to any of the following:

(1) County management personnel whom the County Administrative Officer finds to be qualified by training and experience to conduct such hearings;

(2) Any person(s) qualified by training or experience whom the County Administrative Officer may employ or who are retained by contract to conduct such hearings; or

(3) Administrative Law Judges assigned by the State Office of Administrative Hearings. The County Administrative Officer is hereby authorized to contract in the name of the County for the retention of hearing services at rates that do not exceed the financial limitations established by the County's annual budget and contracting rules, regulations and policies.

(r) “Vending Machine” means a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.

(s) “Youth Decoy” means persons aged 20 and younger used as decoys to purchase Tobacco Products or Tobacco Paraphernalia from licensed Tobacco Retailers.

(§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 2, Ord. 1474, eff. May 1, 2017,§§ 3-5, Ord. 1559, eff. December 22, 2022, and § 2, Ord. 1571, eff. March 13, 2025)

(a) Tobacco Retailer's Permit Required. It shall be unlawful for any person to act as a Tobacco Retailer or a Proprietor in the county without first obtaining and maintaining a valid Tobacco Retailer's Permit pursuant to this Chapter. Tobacco retailing without a valid Tobacco Retailer's Permit is a nuisance as a matter of law.

(b) False and Misleading Advertising Prohibited. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer Permit, including, for example, a person whose permit has been suspended or revoked:

(1) Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Paragraph (a) above; and

(2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer or Proprietor's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

(c) Drug Paraphernalia. It shall be a violation of this Chapter for any Tobacco Retailer or Proprietor or any of the Tobacco Retailer or Proprietor’s agents or employees to sell Drug Paraphernalia where Tobacco Products or Tobacco Paraphernalia are sold. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 3, Ord. 1571, eff. March 13, 2025)

(a) The following locations are eligible to apply for a tobacco retailer license:

In addition, any other retail location that was legally selling tobacco products as of May 1, 2017 may receive or renew a tobacco retailer license. No tobacco retailing licenses may otherwise be issued or renewed.

(b) A tobacco retailer license may be renewed for any location covered by subsection (a), above, so long as: (1) no permanent revocation (as opposed to temporary suspension) of a license previously held for the location has occurred; (2) tobacco retailing has not ceased at the location for sixty (60) consecutive days or longer, whether due to a business closure or otherwise; (3) the licensee does not substantially change the business premises or business operation; and (4) the licensee retains the right to operate under other applicable laws, including without limitation the zoning ordinance, building codes, or other applicable codes. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 3, Ord. 1474, eff. May 1, 2017, and Ord. 1512, eff. August 8, 2019)

(a) An application for a Tobacco Retailer’s Permit shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer’s Permit.

(b) All applications shall be submitted on a form supplied by the Department, shall be accompanied by the application and permit fee established pursuant to this Chapter, and shall contain the following information:

(1) The name, address, and telephone number of each Proprietor of the business that is seeking the Permit.

(2) The business name, address, and telephone number of the single fixed location for which the Permit is sought.

(3) The name and mailing address authorized by each Proprietor to receive all permit-related communications and notices (the Authorized Address). If an Authorized Address is not supplied, each Proprietor shall be understood and deemed to consent to the provision of notice at the business address specified in subparagraph (2) above.

(4) Proof that the location for which a Tobacco Retailer’s Permit is sought has been issued a valid State tobacco retailer’s license by the California Board of Equalization.

(5) Whether or not any Proprietor has admitted violating, or has been found to have violated, this Chapter, or whose proprietorship has admitted violating, or has been found to have violated, this Chapter, and, if so, the dates and locations of all such violations within the previous six years.

(6) Such other information as the Department deems necessary for the administration or enforcement of this Chapter.

(c) Each Tobacco Retailer who has been issued a Permit shall update with the Department all information required to be submitted in order to apply for the Permit whenever the information changes. A Tobacco Retailer shall provide the Department with all such updates within ten (10) business days of a change.

(d) The information specified in subparagraphs (b)(1), (2) and (3) shall be available to the public. (§ 2, Ord. 1350, eff. June 15, 2006)

The fee to apply for and obtain or renew a Tobacco Retailer’s Permit shall be established by resolution of the Board of Supervisors. The fee shall be calculated so as to recover no more than the total cost of permit administration and enforcement, including but not limited to receiving, reviewing and processing the application and the information contained therein, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and sanction and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this Chapter. All fees shall be used exclusively to find the regulatory program authorized by this Chapter. Fees are nonrefundable except as may otherwise be required by law. (§ 2, Ord. 1350, eff. June 15, 2006)

(a) Upon the receipt of an application for a Tobacco Retailer’s Permit and the application and permit fee, the Department shall issue a permit unless substantial evidence in the record demonstrates one or more of the following bases for denial:

(1) The application is incomplete or inaccurate.

(2) The application seeks authorization for Tobacco Retailing by a Proprietor or other Person to whom this Chapter prohibits a Permit to be issued.

(3) The application seeks authorization for Tobacco Retailing at a location for which this Chapter prohibits a Permit to be issued.

(4) The application seeks authorization for Tobacco Retailing by a Proprietor or other Person for whom, or at a location for which, a Permit revocation is in effect pursuant to this Chapter.

(5) The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this Chapter (e.g., mobile vending), that is unlawful pursuant to this Code (e.g., the zoning code), or that is unlawful pursuant to any other law.

(b) If the Department denies a Permit application, the Department shall notify the applicant in writing of the denial. A notice of denial shall be personally served on, or sent by certified mail to, the Permit holder. The notice shall state the basis of the Department’s determination(s) and denial, and shall include an advisement of the right to appeal as set forth in Section 6-15.13.

(c) Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer’s Permit any status or right other than the right to act as a Tobacco Retailer at the location in the County identified on the face of the Permit. For example, nothing in this Chapter shall be construed to render inapplicable, supercede, or apply in lieu of, any other provision of applicable law, including but not limited to County zoning ordinances, building codes, and business Permit requirements, and any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code Section 6404.5 or any other law or regulation. Obtaining a Tobacco Retailer Permit also does not make the Retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5.

(d) The issuance of a Permit does not constitute a determination by the County that the Tobacco Retailer or Proprietor has complied with all laws applicable to Tobacco Retailing. Nothing in this Chapter shall be construed to vest in any Person obtaining and maintaining a Permit any status or right to act as a Tobacco Retailer in contravention of any provision of law.

(e) A Permit issued in error, contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor may be revoked pursuant to Section 6-15.12. (§ 2, Ord. 1350, eff. June 15, 2006)

(a) A Tobacco Retailer’s Permit may not be transferred from one Person to another or from one location to another. Whenever a Tobacco Retailing location has a change in Proprietors, a new Tobacco Retailer’s Permit is required.

(b) Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and Permit ineligibility periods shall continue to apply to a location unless:

(1) The location has been fully transferred to a new Proprietor or entirely new Proprietors; and,

(2) The new Proprietor(s) provide the Department with clear and convincing evidence that the new Proprietor(s) have acquired or is acquiring the location in an Arm’s Length Transaction. (§ 2, Ord. 1350, eff. June 15, 2006)

(a) The term of a Tobacco Retailer Permit is one (1) year.

(b) Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer’s Permit and submit the Permit fee no later than thirty (30) days prior to expiration of the term.

(c) A Tobacco Retailer’s Permit that is not timely renewed as set forth above shall expire at the end of its term.

(d) To reinstate a Permit that has expired, or to renew a Permit not timely renewed as set forth above, the Proprietor(s) must:

(1) Submit the Permit fee plus a reinstatement fee of ten percent (10%) of the Permit fee.

(2) Submit a signed affidavit affirming that the Proprietor:

(A) Has not sold and will not sell any Tobacco Product or Tobacco Paraphernalia after the Permit expiration date and before the Permit is renewed; or

(B) Has waited the appropriate ineligibility period established for Tobacco Retailing without a Permit, as set forth in Section 6-15.14(a) of this Chapter, before seeking renewal of the Permit. (§ 2, Ord. 1350, eff. June 15, 2006)

(a) Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product:

(1) is sold in the manufacturer’s packaging intended for sale to consumers;

(2) conforms to all applicable federal labeling requirements; and

(3) conforms to all applicable child-resistant packaging requirements.

(b) Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

(c) Distribution of Tobacco Samples or Promotional Items. It is unlawful for any person to distribute free or nominally priced tobacco products.

(d) Prohibition of Tobacco Coupons and Discounts. No tobacco retailer shall:

(1) Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

(2) Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or

(3) Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

(e) Minimum Package Size for Little Cigars and Cigars. No tobacco retailer shall sell:

(1) Any little cigar unless it is sold in a package of at least five (5) little cigars; or

(2) Any cigar unless it is sold in a package of at least five (5) cigars; provided, however, that this subsection shall not apply to a cigar that has a price of at least seven dollars ($7.00) per cigar, including all applicable taxes and fees.

(f) Minimum Prices for Cigarettes, Little Cigars, and Cigars. No tobacco retailer shall sell:

(1) Cigarettes at a price that is less than nine dollars ($9.00) per package of twenty (20) cigarettes, including all applicable taxes and fees;

(2) Little cigars at a price that is less than nine dollars ($9.00) per package of little cigars, including all applicable taxes and fees; or

(3) Cigars at a price that is less than seven dollars ($7.00) per cigar, including all applicable taxes and fees.

The minimum price established in this Section shall be adjusted annually by the Department in proportion with Consumer Price Index, using a system established by the Department. (§ 6, Ord. 1559, eff. December 22, 2022)

(a) Each Proprietor shall prominently display each Permit at the location where Tobacco-Retailing is permitted by the Permit.

(b) In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a Permit issued, it shall be a violation of this Chapter for a Proprietor or Tobacco Retailer, or any of the Proprietor's or Tobacco Retailer's agents or employees, to:

(1) Violate any Federal, State or local law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing.

(2) Violate any Federal, State or local law regulating exterior, storefront, window, or door signage.

(c) No Person who is younger than eighteen (18) years of age shall engage in Tobacco Retailing.

(d) No Tobacco Retailer shall display Tobacco Products or Tobacco Paraphernalia by means of a Self-Service Display or engage in Tobacco Retailing by means of a Self-Service Display.

(e) Notwithstanding any other provision of this Chapter, it shall be a violation of this Chapter for any licensee or any of the licensee's agents or employees to sell, offer for sale, or exchange for any form of consideration:

(1) Any Flavored Tobacco Product.

(§ 2, Ord. 1350, eff. June 15, 2006; as amended by § 4, Ord. 1474, eff. May 1, 2017, as amended by § 2, Ord. 1477, eff. December 22, 2016, as amended by § 2, Ord. 1559, eff. December 22, 2022)

(a) Compliance with this Chapter shall be monitored by the HHSA Tobacco Prevention Staff. Any number of persons may be designated to monitor compliance with this Chapter.

(b) HHSA Tobacco Prevention Staff, or other person designated to enforce the provisions of this Chapter shall inspect each Tobacco Retailer at least once every twelve (12) months. The Yolo County Sheriff's Office and Yolo County Health and Human Services agency shall also have authority to assist in the enforcement of the provisions of this Chapter. Nothing in this Paragraph shall create a right of action in any Tobacco Retailer, Proprietor or other person against the county or its agents.

(c) Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with Federal, State and local laws regulating access to Tobacco and Tobacco Paraphernalia.

(d) The County shall not enforce any law establishing a minimum age for tobacco purchases or possession against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when:

(1) The youth decoy is acting as an agent of a person designated to monitor compliance with this Chapter; or

(2) The youth decoy is participating in an inspection funded in part, either directly or indirectly through subcontracting, by the Department or the California Department of Health Services. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by §§ 2 and 7, Ord. 1559, eff. December 22, 2022, and § 4, Ord. 1571, eff. March 13, 2025)

(a) In addition to any other penalty authorized by law, a Tobacco Retailer's Permit shall be revoked if any court of competent jurisdiction determines, or if the Director finds after the Tobacco Retailer or Permitee is afforded notice and an opportunity to be heard, that the Tobacco Retailer or Permitee, or any of the Tobacco Retailer's or Permitee's officers, agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter or, in a different legal proceeding, has pleaded guilty, "no contest" or its equivalent, or admitted to, a violation designated in Sections 6-15.10 and 6-15.11.

(b) A Tobacco Retailer's Permit shall be revoked if the Department finds, after the Permitee is afforded reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a Permit under Section 6-15.07 existed at the time the Permit application was submitted or at any time thereafter and before the Permit issued. The revocation shall be without prejudice to the filing of a new Permit application.

(c) A decision to revoke a Permit is appealable to the Tobacco Retailing Permit Hearing Authority pursuant to Section 6-15.13. If such an appeal is made within the time provided in that Section, it shall stay enforcement of the appealed action.

(d) A notice of revocation shall be personally served on, or sent by certified mail to, the Permit holder. The notice shall state the basis of the Department's determination(s) and the revocation, and shall include an advisement of the right to appeal as set forth in Section 6-15.13.

(e) During the period that any permit is revoked, the Proprietor shall prominently display a notice advising the public of the revocation, in the form and in the manner designated by the Department.

(f) After revocation pursuant to subsection (a) above, a new permit may be issued only in accordance with the following:

(1) After revocation for a first violation of this Chapter at any location within any sixty- (60) month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than ten (10) days have passed from the date of revocation.

(2) After revocation for a second violation of this Chapter at any location within any sixty- (60) month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than ninety (90) days have passed from the date of revocation.

(3) After revocation for a third violation of this Chapter at any location within any sixty- (60) month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than one (1) year has passed from the date of revocation.

(4) After revocation for four or more violations of this Chapter at any location within any sixty- (60) month period, no new Permit may issue for that location, or that Proprietor or other Person, until not less than five (5) years have passed from the date of revocation. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by §§ 2 and 8, Ord. 1559, eff. December 22, 2022)

(a) Except as otherwise provided by law, any decision made appealable to the Hearing Authority pursuant to this Chapter shall be subject to the following requirements and procedures.

(b) Any appeal must be in writing, shall state the specific reasons therefore and the grounds asserted for relief and the specific relief requested, and shall be filed with the County Administrative Officer within ten (10) calendar days of personal service of the notice of the action being appealed, or within fifteen (15) calendar days of mailing if the notice is only served by mail. If any Person to whom the notice of violation was given does not file a written appeal within the time and in the manner set forth above, the right to review of the Department's determination shall be deemed to have been waived, and the Department's decision shall be final.

If a written appeal is filed within the time and in the manner set forth above, the matter shall be heard by the Hearing Authority.

(c) Not later than fifteen (15) days after receipt of the appeal, the County Administrative Officer shall provide written notice to the parties of the date, time, and place of the hearing, in the manner specified above for a notice of revocation.

(d) The provisions of the Administration Procedure Act (commencing with Section 11500 of the Government Code of the State) shall not be applicable to such hearing, nor shall formal rules of evidence in civil or criminal judicial proceedings be so applicable.

A record of the hearing shall be made by any means, including electronic recording, so long as a reasonably accurate and complete written transcription of the proceedings can be made. Technical rules of evidence shall not apply to the hearing, but relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

A decision of the Hearing Authority shall be supported by substantial evidence. The Hearing Authority shall sustain the Department's decision if the Hearing Authority finds that any lawful basis for the Department's action exists.

(e) Following the conclusion of the hearing, the Hearing Authority shall prepare a written decision that either grants or denies the appeal, contains findings of facts and conclusions of law, and includes notification that the time limit within which a judicial review shall be sought is governed by Code of Civil Procedure Section 1094.6. Notice of the written decision, including a copy thereof, shall be filed with the County Administrative Officer and served upon all parties not later than seven (7) days following the date on which the hearing is closed.

The Hearing Authority's written decision shall be the final decision of the County, and shall become final upon the date that notice thereof is mailed to the appellant by certified mail.

(f) Any determination of the Hearing Authority shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.5. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 2, Ord. 1559, eff. December 22, 2022)

(a) In addition to any other penalty authorized by law, if the Department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, the Person shall be ineligible to apply for or be issued a Tobacco Retailing license for that location as follows:

(1) After a first violation of this Chapter at a location within any sixty- (60) month period, no license may issue for the Person at the location until not less than thirty (30) days have passed from the date of the violation.

(2) After a second violation of this Chapter at a location within any sixty- (60) month period, no license may issue for the Person at the location until not less than ninety (90) days have passed from the date of the violation.

(3) After of a third or subsequent violation of this Chapter at a location within any sixty- (60) month period, no license may issue for the Person at the location until not less than five (5) years have passed from the date of the violation.

(b) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this Chapter are subject to seizure by the Department or any peace officer, and shall be forfeited after the licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice by the Department and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 6-15.13. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed.

(c) Each day after the effective date of this Chapter on which Tobacco Products or Tobacco Paraphernalia are offered for sale in violation of this Chapter shall constitute a violation of this Chapter separate and apart from any other violation of this Chapter.

(d) For a first or second alleged violation of this Chapter within any sixty- (60) month period, the Director may engage in settlement negotiations and, with the County Counsel 's concurrence, may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this Chapter without approval from the Board of Supervisors. Notice of any settlement shall be provided to the Board, and no hearing shall be held. Settlements shall not be confidential and shall contain the following minimum terms:

(1) After a first alleged violation of this Chapter at a location within any sixty- (60) month period:

(A) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations;

(B) An agreement to stop acting as a Tobacco Retailer for at least one (1) day; and;

(C) A settlement payment to the County of at least one thousand dollars ($1,000).

(2) After a second alleged violation of this Chapter at a location within any sixty- (60) month period:

(A) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations;

(B) An agreement to stop acting as a Tobacco Retailer for at least ten (10) days; and,

(C) A settlement payment to the County of at least five thousand dollars ($5,000). (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 2, Ord. 1559, eff. December 22, 2022)

(a) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter.

(b) Violations of this Chapter may, in the discretion of the District Attorney, be prosecuted as criminal infractions or misdemeanors.

(c) Violations of this Chapter are subject to a civil action brought by the District Attorney, punishable as follows:

(1) A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for a first violation in any sixty- (60) month period;

(2) A fine not less than one thousand dollars ($1,000) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty- (60) month period; or

(3) A fine not less than two thousand five hundred dollars ($2,500) and not exceeding five thousand dollars ($5,000) for a third or subsequent violation in any sixty- (60) month period.

(d) Any violation of this Chapter is hereby declared to be a public nuisance as well as a private nuisance that is presumed to at least nominally damage each and every resident of the community in which the business operates.

(e) In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the District Attorney, including but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

(f) Any Person, including the County of Yolo , acting for the interests of itself, its members, or the general public (hereinafter "the Private Enforcer") may bring a civil action to enforce this Chapter.

(1) Upon proof of a violation, a court shall award to the Private Enforcer the following:

(A) Damages in the amount of either:

(i) Upon proof, actual damages; or,

(ii) With insufficient or no proof of the amount of actual damages, five hundred dollars ($500) for each violation of this Chapter (hereinafter "Statutory Damages"). Unless otherwise specified in this Chapter, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Chapter, no Private Enforcer suing on behalf of the general public shall recover Statutory Damages based upon a violation of this Chapter if a previous claim brought on behalf of the general public for Statutory Damages and based upon the same violation has been adjudicated, whether or not the Private Enforcer was a party to that adjudication.

(B) Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health.

(C) Injunctive Relief.

(i) Notwithstanding any legal or equitable bar against a Private Enforcer seeking relief on his/her/its own behalf, a Private Enforcer may bring an action to enforce this Chapter solely on behalf of the general public. When a Private Enforcer brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the Private Enforcer from bringing a subsequent action based upon the same facts but seeking relief on the Private Enforcer's own behalf.

(ii) Nothing in this Chapter shall prohibit the Private Enforcer from bringing an action in small claims court to enforce this Chapter, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of small claims court as set forth in California Code of Civil Procedure section 116.220.

(g) Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required (but shall be permitted) to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

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

(i) Any peace officer may enforce the penal provisions of this Chapter. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 2, Ord. 1559, eff. December 22, 2022)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other person or circumstance. The Board of Supervisors of the County of Yolo hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 2, Ord. 1559, eff. December 22, 2022)