[Ord. No. 1589, 8-16-2023]
The provisions of this Article shall apply to all zoning districts within the City of Mission.
[Ord. No. 1589, 8-16-2023]
As used in this Article the following terms shall have the meanings indicated:
A battery-powered device, whether or not such device is shaped like a cigarette, which can provide inhaled doses of nicotine by delivering a vaporized solution by means of cartridges or other chemical delivery systems.
A retail establishment that derives at least fifty percent (50%) of such establishment's revenue from electronic cigarettes and electronic cigarette products or a retail establishment that holds itself out or advertises itself primarily as an electronic cigarette retail establishment.
Plants of the nightshade family with high levels of nicotine.
Cigarettes, cigars, cheroots, stogies; periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking.
Any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.
[Ord. No. 1589, 8-16-2023]
A.
No tobacco retailer or electronic cigarette retail establishment shall be located within one thousand (1,000) feet of any other tobacco retailer or electronic cigarette retail establishment within Mission City limits or outside City limits, or within one thousand (1,000) feet of any property used or zoned for parks, school, college, or church. The separation distances shall be measured from or to the outer wall of the tobacco retailer or electronic cigarette retail establishment to the property line of the property containing the park, school, college or church.
1.
Exception: If such park, school, college or church is established within one thousand (1,000) feet of any tobacco retailer or electronic cigarette retail establishment after the premises has been licensed for such, the premises shall remain an eligible location for said licensing as long as the premises remains in compliance with Subsection (B) below.
B.
In the event any tobacco retailer or electronic cigarette retail establishment abandons or discontinues as a tobacco retailer or an electronic cigarette retail establishment in operation prior to the effective date of this Section, any future tobacco retailer or electronic cigarette retail establishment operated at the same location shall be required to comply with the distance requirements set forth in this Section. This provision shall not apply to a change in ownership which may occur by operation of law, including a court order, divorce, death, mortgage foreclosure, bankruptcy or transfer by contract, provided there is a continuous occupancy or operation of the tobacco retailer or electronic cigarette retail establishment at the licensed location.
C.
Each tobacco retailer or electronic cigarette retail establishment shall retain the records of purchases and sales for a period of one (1) year. These records are subject to inspection by the City and shall be provided within a reasonable time upon request. The records may be in electronic or paper format. If electronic, the records must be available to print upon request by the City.