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.
“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 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)
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)
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)