For the purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise:
“Adult”
means, for the purposes of this chapter, an individual over the age of twenty-one or older.
“Adult-only retailer”
means any retailer or businesses that allow entry only by adults onto the entire premises of the business or retailer, or that require minors to be accompanied by a parent, guardian, or another adult in order to enter the entire premises of the business or the retailer. The definition of an “adult-only retailer” does not include any retailer or business that only prohibits minor from entering certain sections, divisions, or a part of the premises that are marked or otherwise restricted as adult only and allows minors to otherwise enter the remainder of its premises unaccompanied by a parent, guardian or another adult.
“Characterizing flavor”
means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any by-product produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition, that constitutes a characterizing flavor.
“Constituent”
means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.
“Distinguishable”
means perceivable by either the sense of smell or taste.
“Flavored tobacco product”
means any tobacco product that contains a constituent that imparts a characterizing flavor.
“Labeling”
means written, printed, pictorial, or graphic matter upon any tobacco product or any of its packaging.
“Minor”
means, for the purposes of this chapter, an individual under the age of twenty-one.
“Packaging”
means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold, or offered for sale, to a consumer.
“Pharmacy”
means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
“Tobacco product”
is defined as set forth in Section 20.420.002 of this code.
“Tobacco retailer”
means any store, stand, booth, concession or any other enterprise that engages in the retail sale of tobacco products or tobacco paraphernalia as defined in Section 20.420.002 of this code, including, but not limited to, stores that engage in the retail sale of food items.
(Ord. 1588 § 3, 2019)
(a) 
Except for adult-only retailers as defined in this chapter, no person or tobacco retailer as defined in this chapter shall sell, or offer to sell, any flavored tobacco product.
(b) 
There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
(Ord. 1588 § 3, 2019)
Except for adult only retailers as defined in this chapter, no person or tobacco retailer as defined under this chapter shall sell, or offer to sell, any electronic smoking device as defined in Section 8.50.090 of this code.
(Ord. 1588 § 3, 2019)
(a) 
Notwithstanding any provisions of this chapter, no pharmacy or pharmacy employee or agent shall sell or offer for sale any tobacco product.
(b) 
No new tobacco retailer permit may be issued to a pharmacy under Chapter 6.46 of this code.
(c) 
No existing tobacco retailer permit issued under Chapter 6.46 of this code may be renewed by a pharmacy.
(Ord. 1588 § 3, 2019)
Notwithstanding any other provision of this section, the following retailers and businesses shall be exempt from the requirements of this chapter provided that such retailers and businesses qualify as an adult-only retailer as defined in this chapter:
(a) 
Significant tobacco retailers as defined in Chapter 20.420 of this code that were lawfully established prior to the effective date of Ordinance No. 1455 prohibiting significant tobacco retailers.
(b) 
Hookah bars/smoking lounges as defined by Chapter 20.620 of this code that serve flavored tobacco or other products for on-site smoking.
(Ord. 1588 § 3, 2019)
Any violation of this chapter is hereby declared a public nuisance.
(Ord. 1588 § 3, 2019)
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.
(Ord. 1588 § 3, 2019)
The city manager, or his or her designee may enforce the provisions of this chapter. Additionally, the county’s health system chief, or his or her designee, may enforce the provisions of this chapter.
(Ord. 1588 § 3, 2019)
Notwithstanding authorization of enforcement by San Mateo County personnel in this chapter, the violation of, or noncompliance with, any of the requirements of this chapter or applicable provisions of this code, shall be subject to any administrative, civil, or criminal enforcement remedies available under the law and/or the city’s municipal code. In addition, the city may enforce the violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law.
(Ord. 1588 § 3, 2019)
If any provision, section, subsection, sentence, clause, phrase, or word of this chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the chapter. The city council hereby declares that it would have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this chapter or application thereof would be subsequently declared invalid or unconstitutional.
(Ord. 1588 § 3, 2019)