A. 
The purpose of this chapter is to further ensure the health, safety and general welfare of the citizens of Imperial Beach, especially persons under 18 years of age, by prohibiting self-service sales and self-service displays, racks and shelves of tobacco products; by requiring the posting of warning signs at the point of purchase; by prohibiting vending machine sales of tobacco products; and by requiring that all tobacco products be sold in their original packaging with all required health warnings.
B. 
The intent of this chapter is to reduce the number of adolescents, who are not of the age of consent, from becoming addicted to nicotine contained in tobacco products.
(Ord. 96-905 § 1)
For the purposes of this chapter, the following words are defined:
"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"
shall mean the City of Imperial Beach.
"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 individual under the age of 18 years.
"Person"
shall mean any individual, partnership, co-operative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
"Self-service merchandising"
means open display of tobacco products and point-of-sale tobacco-related promotional products to which the public has access without the intervention of any 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, boot, 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 tobacco product.
"Vendor-assisted"
means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
(Ord. 96-905 § 1)
A. 
No person or business shall offer for sale any tobacco product prior to prominently displaying a sign at the point of purchase of tobacco products which states, "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TO-BACCO." The letters of the sign shall be at least one-quarter inch high.
B. 
No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an individual without first examining identification which establishes the purchaser's age as 18 years or older unless the seller has some reasonable basis for determining the buyer's age.
C. 
No person, business, tobacco retailer or other establishment shall sell or offer for sale any tobacco product which is not in the manufacturer's original packaging that contains all required health warnings.
D. 
It is 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 merchandising or by means other than vendor-assisted sales.
E. 
No person, 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 purposes of selling or distributing any tobacco product.
(Ord. 96-905 § 1)
A. 
No person or employee 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 shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against another person because such other person seeks to attain compliance with provisions of this chapter.
(Ord. 96-905 § 1)
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 law.
(Ord. 96-905 § 1)
A. 
Any person, business or tobacco retailer who violates any provision of this chapter shall, upon conviction thereof, be punished as specified in Section 1.12.010 of the Imperial Beach Municipal Code.
B. 
The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signage required by this chapter.
C. 
It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees.
(Ord. 96-905 § 1)