For the purpose of the provisions of this chapter, the following words and phrases shall be construed to have the meanings herein set forth:
"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, medical, dental, engineering, architectural or other professional services are delivered.
"City"
means the city of La Habra.
"Employee"
means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a nonprofit entity.
"Minor"
means any natural person under eighteen years of age.
"Nonprofit entity"
means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational character-building, political, social or other similar purpose, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity" within the meaning of this section.
"Person"
means a natural person, firm, association, organization, partnership, business, trust, corporation, cooperative association, personal representative, receiver, trustee, assignee or any other legal entity.
"Self-service display"
means any open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee.
"Tobacco product"
means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion.
"Tobacco retailer"
means any person or governmental entity that operates a store, stand, booth, concession or other place at which sales of tobacco products are made to purchasers for consumption or use.
"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 currency, or other things representative of value, which dispenses or releases a tobacco product.
"Vendor-assisted"
means that only a store employee has access to the tobacco product and assists a customer by supplying the tobacco product, and the customer does not take possession of the tobacco product until it is purchased.
(Ord. 1560 § 1, 1999)
A. 
No person, business, tobacco retailer or owner, manager or employee of any business or tobacco retailer shall engage in the sale of tobacco product without first posting a plainly visible sign at the point of purchase of tobacco products which has wording similar to:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. PHOTO IDENTIFICATION IS REQUIRED OF PURCHASERS APPEARING TO BE UNDER 27 YEARS OF AGE.
The letters of the sign shall be at least one-half-inch high.
B. 
No person, business, tobacco retailer or owner, manager or employee of any business or tobacco retailer shall sell, offer to sell or permit to be sold, any tobacco product to any purchaser who appears to be under twenty-seven years of age, without first verifying by means of photographic identification containing the bearer's date of birth, that the purchaser is not under eighteen years of age, unless the seller has some other reasonable and reliable basis for determining the purchaser's age.
C. 
No person, business, tobacco retailer or owner, manager or employee of any business or tobacco retailer shall sell, offer to sell or permit to be sold, any tobacco product not in the original packaging provided by the manufacturer and with all required health warnings.
D. 
No person, business or tobacco retailer or owner, manager or employee of any business or tobacco retailer shall sell, offer for sale, display for sale, or permit to be sold, offered for sale or displayed for sale, any tobacco product by means of a self-service display or by any means other than vendor-assisted sales.
E. 
No person, business or tobacco retailer or owner, manager or employee of any business or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises, any tobacco vending machine for the purpose of selling or distributing any tobacco product.
(Ord. 1560 § 1, 1999)
A. 
No person, business, tobacco retailer or owner or manager of any business or tobacco retailer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this chapter.
B. 
No person, business, tobacco retailer or owner or manager of any business or tobacco retailer shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against any person because such person seeks to attain compliance with the provisions of this chapter.
(Ord. 1560 § 1, 1999)
This chapter shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws. Nor shall this chapter be construed to cause for breach of any pre-existing private contract, or cause for interference with regulations imposed by state or federal law or related to interstate commerce.
(Ord. 1560 § 1, 1999)
Any violation of the provisions of this chapter shall be deemed to be an infraction and punishable as such, notwithstanding the fact that at the discretion of the city, the violation of any section of this chapter may be filed as a misdemeanor. The complaint charging such violation shall specify whether the violation is a misdemeanor or an infraction. Each day a violation of any provision of this chapter shall continue shall be a new and separate violation.
(Ord. 1560 § 1, 1999)