The purpose and intent of the amendment to this chapter is to
encourage responsible tobacco retailing and discourage violations
of tobacco-related laws, especially those that prohibit or discourage
the sale or provision of tobacco and nicotine products to minors.
(Ord. 5972 § 5, 9-14-2021)
For the purposes of this chapter, the following words shall
have the meanings ascribed to them unless otherwise noted:
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, partners, corporate or other entities which have some or
all of the same directors and/or principals, or any sale for which
a significant purpose is avoiding the effect of the violations of
this chapter is not an arm's length transaction.
means a taste or aroma, other than the taste or aroma of
tobacco, imparted prior to or during consumption of a tobacco product
or any by-product produced by the tobacco product, including, but
not limited to, tastes or aromas relating to menthol, mint, wintergreen,
fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb, or spice. Characterizing flavor includes flavor in
any form, mixed with or otherwise added to any tobacco product or
nicotine delivery device, including electronic smoking devices.
means any product that contains nicotine, is intended to
be burned or heated under ordinary conditions of use, and consists
of or contains: (1) any roll of tobacco wrapped in paper or in any
substance not containing tobacco; (2) tobacco in any form, that is
functional in the product, which because of its appearance, the type
of tobacco used in the filler, or its packaging and labeling, is likely
to be offered to, or purchased by, consumers as a cigarette; or (3)
any roll of tobacco wrapped in any substance containing tobacco, which
because of its appearance, the type of tobacco used in the filler,
or its packaging and labeling, is likely to be offered to, or purchased
by, consumers as a cigarette described in this section. "Cigarette"
also includes "roll-your-own" tobacco, meaning tobacco, which because
of its appearance, the type of tobacco used in the filler, or its
packaging and labeling, is likely to be offered to, or purchased by,
consumers as tobacco for making, cigarettes. For purposes of this
definition of "cigarette," nine one-hundredths (0.09) of an ounce
of "roll-your-own" tobacco shall constitute one individual "cigarette."
means any device that uses electricity to heat or deliver
nicotine or other substances, whether natural or synthetic, to the
person inhaling from the device, including, but not limited to, electronic
cigarettes, electronic cigars, electronic pipes, electronic hookahs,
or vaping devices, commonly known as "E cigarettes".
means any tobacco product, as defined in this chapter, which
imparts a characterizing flavor.
means any cigar that is handmade, is not mass produced by
use of mechanization, has a wrapper that is made entirely from whole
tobacco leaf, and has a wholesale price of no less than $12. A premium
cigar does not have a filter, tip, or nontobacco mouthpiece and is
capped by hand.
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 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 can or does share, ultimate control over the day-to-day
operations of a business.
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.
means cigarette papers or wrappers, pipes, including hookahs,
holders of smoking materials of all types, cigarette rolling machines,
electronic smoking devices, and any other item, component, part, or
accessory, designed for the smoking or ingestion of tobacco or tobacco
products, whether or not sold separately.
means: (1) any product containing, made, or derived from
tobacco or nicotine, whether natural or synthetic, that is intended
for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means, including
but not limited to cigarettes, cigars, chewing tobacco, pipe tobacco
and snuff; or (2) any electronic smoking device, regardless of whether
it contains any tobacco or tobacco byproducts. "Tobacco product" does
not include drugs, devices, or combination products authorized for
sale by the U.S. Food and Drug Administration for use in treating
nicotine or tobacco dependence.
means any person who sells, offers for sale, or does or offers
to exchange for any form of consideration, in public view, tobacco,
tobacco products, or tobacco paraphernalia. Any person who distributes
free or low cost samples of tobacco products or tobacco paraphernalia
shall be deemed to be a tobacco retailer under this chapter.
means and includes the exercise of any right or power over
cigarettes incident to the ownership thereof other than the sale of
the cigarettes or the keeping or retention thereof for the purpose
of sale.
means a person under the age of 18, but not younger than
15, who is used by the police department to conduct random on-site
sting investigations to determine compliance with tobacco retailing
laws.
(Ord. 5972 § 5, 9-14-2021)
A.
No person
shall engage in or operate as a tobacco retailer without first obtaining
and maintaining a valid tobacco retailer license from the city. Obtaining
a tobacco retailer license does not make the retailer a "retail or
wholesale tobacco shop" for the purposes of California Labor Code
Section 6404.5. Nothing in this chapter shall be construed to grant
any person obtaining and maintaining a tobacco retailer license any
status or right other than the right to act as a tobacco retailer
at the permitted location in the city of Glendale. Nothing in this
chapter is intended to be construed to render inapplicable, supersede,
or affect any other provision of applicable law, including, but not
limited to, any provision of this code, or any condition or limitation
on smoking in an enclosed place of employment pursuant to California
Labor Code Section 6404.5.
(Ord. 5972 § 5, 9-14-2021)
A.
Any person wishing to obtain a tobacco retailer license shall file an application according to requirements and procedures in Section 5.04.050.
B.
An application
for a tobacco retailer license shall include the following additional
information:
(Ord. 5972 § 5, 9-14-2021)
A.
Upon
receipt of an application for a tobacco retailer license and the associated
fee, the director shall cause an investigation to be made in order
to ascertain whether or not the proposed license will have a detrimental
effect on the public peace, health, safety and general welfare of
the city and its inhabitants, and whether or not the application conforms
with standards for retail tobacco sales set forth in this chapter.
The director shall issue a license unless:
2.
The
application seeks authorization for tobacco retailing by a proprietor
for whom a suspension is in effect or by a proprietor who has had
a license revoked, pursuant to city codes; or is not registered with
the California State Board of Equalization; or
3.
The
application seeks authorization for tobacco retailing that is unlawful
pursuant to this code, or that is unlawful pursuant to any local,
state or federal law; or
4.
The
city has information that the proprietor or his or her agent or employee
has violated any local, state or federal tobacco related law within
the preceding 30 day period.
B.
A tobacco
retailer license does not authorize any person to conduct any lawful
business in an unlawful manner, nor to operate a tobacco retailing
business without complying with all state and local applicable laws,
including, but not limited to, those requiring a license or permit
from any board, commission, department or office of this city or state.
C.
A license
that is issued in error or on the basis of false or misleading information
supplied by a proprietor may be revoked.
(Ord. 5972 § 5, 9-14-2021)
A.
It is
the responsibility of each tobacco retailer to be informed of the
laws affecting the issuance of a tobacco retailer license.
B.
The
sale of tobacco products or paraphernalia from other than a fixed
location, including, but not limited to, tobacco retailing by persons
on foot or from vehicles is prohibited and no license shall be issued
under this article to any such activity.
C.
The
display of any advertisement relating to tobacco products or paraphernalia
that promotes the sale or distribution of such products from the tobacco
retailer's location or that could lead a reasonable consumer to believe
that such products can be obtained at that location without first
obtaining and maintaining a valid tobacco retailer license pursuant
to this chapter for each location at which the advertisement is displayed
is prohibited.
(Ord. 5972 § 5, 9-14-2021)
A.
No tobacco
retailer shall sell or offer to sell, give or offer to give, or transfer
or offer to transfer to any person who is under the legal age of 18
years any tobacco, tobacco products, or tobacco paraphernalia. No
tobacco retailer shall sell or transfer a tobacco product or tobacco
paraphernalia to another person who appears to be under the age of
27 years, without first examining the valid photo identification of
the recipient to confirm that the recipient is at least the minimum
age under state law, to purchase and possess the tobacco product or
tobacco paraphernalia. The retailer shall refuse sale of any tobacco
product or tobacco paraphernalia to any person who appears to be under
the age of 27 years, who fails to present valid, legal photo identification
prior to the sale.
B.
It shall
be a violation of this chapter for the licensee or his or her agent
or employee to sell individual tobacco products intended for package
sale, including single cigarettes, but not including individually-wrapped
cigars.
C.
It shall
be a violation of this chapter for the licensee or his or her agent
or employee to violate any local, state, or federal tobacco-related
law.
(Ord. 5972 § 5, 9-14-2021)
A.
In addition to any other penalty authorized by law, a tobacco retailer license may be suspended or revoked if it is determined that the licensee or his or her agent or employee has violated the conditions of the license imposed pursuant to this chapter, Section 5.04.100 of this code, or any other state or federal law pertaining to the sale of tobacco products or tobacco paraphernalia to underage minors.
(Ord. 5972 § 5, 9-14-2021)
Any person aggrieved by a decision denying a license application or suspending or revoking a license pursuant to this chapter may appeal following the procedures in Section 5.04.110.
(Ord. 5972 § 5, 9-14-2021)
A.
The provisions of this chapter shall be enforced by the Glendale police department, neighborhood services inspectors and code enforcement personnel, and permit investigators. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco and is complying with the ban on selling, offering for sale, or possession with the intent to sell flavored tobacco products. Enforcement powers are established in Chapter 5.12 of this code.
B.
Whenever
evidence of a violation of this chapter is obtained, in part, through
the participation of a youth decoy supervised by a peace officer,
the alleged violation shall be adjudicated based upon the sufficiency
and persuasiveness of the evidence presented. Upon learning of any
violation of this chapter or upon learning of any threat to violate
or to continue to violate this chapter, the city manager may, with
the approval of the city council, direct that an action be brought
in the name of the city to enjoin the violation or continued violation
of this chapter.
C.
Causing,
permitting, aiding, abetting, or concealing a violation of any provision
of this chapter shall also constitute a violation of this chapter.
(Ord. 5972 § 5, 9-14-2021)
A.
It shall
be a violation of this chapter for any tobacco retailer or any of
the tobacco retailer's agents or employees, to sell or offer for sale,
or to possess with intent to sell or offer for sale, any flavored
tobacco product or any component, part, or accessory intended to impart,
or imparting a characterizing flavor in any form, to any tobacco product
or electronic smoking device. This paragraph shall not apply to hookah
tobacco in a form that may only be used in a non-electronic hookah
pipe or water pipe. This paragraph shall not apply to premium cigars.
B.
There
shall be a rebuttable presumption that a tobacco retailer in possession
of four or more flavored tobacco products, including, but not limited
to, any components, parts, or accessories intended to impart, or imparting,
a characterizing flavor in any form to any tobacco product or electronic
smoking device, possesses such flavored tobacco products with intent
to sell or offer for sale. "Presumption," as used in this chapter,
means that the court must find the existence of the facts presumed
unless and until its nonexistence is proven by a preponderance of
the evidence.
C.
There
shall be a rebuttable presumption that a tobacco product is or contains
a flavored tobacco product if a retailer, manufacturer, or any employee
or agent of a retailer or manufacturer:
(Ord. 5972 § 5, 9-14-2021)
