The City of Palm Springs has a substantial interest in promoting
compliance with federal, state, and local laws intended to regulate
tobacco sales and use; in discouraging the illegal purchase of tobacco
products by a person under 21 years of age; in promoting compliance
with laws prohibiting sales of cigarettes and tobacco products to
a person under 21 years of age; in protecting youth from being lured
into illegal activity through the misconduct of adults; and in reducing
the incidence of tobacco related disease. The City Council finds that
ordinances providing for the permitting, inspection and regulation
of tobacco retailers are an effective means to address these matters.
The Council also finds that pursuant to Riverside County Ordinance
No. 838, as amended by Ordinance No. 838.1, Ordinance No. 838.2, and
any future amendments, an "Ordinance of the County of Riverside Regarding
the Permitting of Tobacco Retailers," ("Ordinance 838"), the County
of Riverside's Department of Environmental Health effectively administers
a program, based upon ordinances substantially similar to that reflected
in this chapter, in other cities in Riverside County. It is the intent
of this chapter to encourage responsible tobacco retailing and to
discourage violations of tobacco-related laws, especially those that
prohibit or discourage the sale or distribution of tobacco products
to a person under 21 years of age, but not to expand or reduce the
degree to which the acts regulated by federal or state law are criminally
proscribed or to alter the penalty provided therefor.
(Ord. 1965 § 1, 2018)
A.
Riverside County's Ordinance No. 838 is incorporated by this reference as though set forth in its entirety herein. Ordinance 838 applies to all tobacco retailers that intend to operate, or are currently operating in the City, in addition to any other regulations applicable to tobacco retailers that may be set forth in this Code, except as specifically provided in Section 6.11.040. For purposes of this chapter, "tobacco retailer" shall mean any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
B.
The
City shall be and remain valid and enforceable for such time as the
County of Riverside, Department of Environmental Health remains fully
responsible for administration, regulation and enforcement of Ordinance
838.
(Ord. 1965 § 1, 2018)
The County of Riverside shall have sole responsibility to administer
this chapter and enforce its provisions.
(Ord. 1965 § 1, 2018)
The Agua Caliente Band of Cahuilla Indians (the "Tribe") is
a sovereign nation and federally recognized Indian tribe. As such
this chapter does not apply and shall not be enforceable by the County
of Riverside or the City on any land that is:
A.
Located
within the exterior boundaries of the Agua Caliente Indian Reservation;
B.
Owned
by the Tribe, and (i) held in trust by the United States, or subject
to a restriction against alienation imposed by the United States;
or (ii) owned by a member of any other federally recognized Indian
tribe, and held in trust by the United States or subject to a restriction
against alienation imposed by the United States; or
C.
Owned
by the Tribe, and held in trust by the United States, or subject to
a restriction against alienation imposed by the United States.
(Ord. 1965 § 1, 2018)
Nothing in this chapter shall relieve or exempt a tobacco retailer from the business license or tax requirements set forth in Chapters 3.40 through and including 3.96 of this code.
(Ord. 1965 § 1, 2018)
