Whenever used in this chapter, the following words and phrases shall have the meanings defined herein unless the context clearly requires otherwise:
"Arm's length transaction"
means a sale, in good faith and for valuable consideration, which 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 or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction.
"Department"
means the city manager and/or any agency or person designated by the city manager to enforce or administer the provisions of this chapter.
"Electronic cigarette"
means any electronic or battery operated device, which can be used to inhale liquid nicotine, e-liquid, or a similar substance and may resemble smoking.
"Electronic cigarette paraphernalia"
means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic cigarette batteries, electronic cigarette chargers and any other item designed for the preparation, storing, charging, or use of electronic cigarettes.
"Electronic cigarette retailer" or "e-cigarette retailing"
means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, electronic cigarettes (or "e-cigarettes"), electronic cigarette products or electronic cigarette paraphernalia. "Electronic cigarette retailing" means the doing of any of these things. This definition is without regard to the quantity of electronic cigarettes, electronic cigarette products or electronic cigarette paraphernalia sold, offered for sale, exchanged or offered for exchange.
"Person"
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
"Proprietor"
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 ten percent 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 share ultimate control over the day-to-day operations of a business.
"Self-service display"
means the open display or storage of tobacco products, tobacco paraphernalia, electronic cigarettes and electronic cigarette paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
"Smoking"
means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted plant or weed (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting, by means of flame or other form of combustion, of a tobacco product, tobacco paraphernalia, or any other plant or weed (including a pipe, cigar, hookah pipe, or cigarette of any kind).
"Tobacco paraphernalia"
means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
"Tobacco product"
means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco designed for smoking or ingestion.
"Tobacco retailer" or "tobacco retailing"
means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco retailing" means the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
"Vaping" or "vapor"
means the use of any electronic cigarette device by inhaling and exhaling electronic cigarette device substances (including, but not limited to, liquid nicotine or e-liquid).
(Ord. 376 § 1, 2009; Ord. 444 § 8, 2015)
A. 
Tobacco Retailer License Required. It is unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which such activity is to occur. Tobacco retailing without a valid tobacco retailer's license shall constitute a nuisance as a matter of law.
B. 
Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
C. 
Display of License. Each tobacco retailer licensee shall be required to prominently display a validly issued tobacco retail license in a publicly visible location at the licensed location.
D. 
Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who reasonably appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age as required under state law to purchase and possess the tobacco product or tobacco paraphernalia.
E. 
Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.
F. 
Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
G. 
False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked:
1. 
Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license as provided under Section 6.07.120;
2. 
Shall not display any advertisement relating to tobacco products or tobacco 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 purchased or obtained at that location.
(Ord. 376 § 1, 2009)
A. 
Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing sales and shall be signed by each proprietor or an authorized agent thereof.
It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor, shall be revoked pursuant to Section 6.07.110(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.
All applications shall be submitted on a form supplied by the department and shall contain the following information:
1. 
The name, address, and telephone number of each proprietor of the business seeking a tobacco retail license.
2. 
The business name, address, and telephone number of the single fixed location for which a tobacco retail license is sought.
3. 
A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (A)(2) of this section.
4. 
Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.
5. 
Whether the proprietor, or any agent of the proprietor, has violated or has been found by the department, any administrative agency or any court of competent jurisdiction to have violated, any of the provisions of this chapter and, if so, the dates and locations of all such violations within the previous five years.
6. 
Such other information as the department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.
B. 
A licensed tobacco retailer shall inform the department in writing of any change in the information submitted on an application for a tobacco retailer's license within ten business days of a change.
C. 
All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code Section 6250 et seq.) or any other applicable law, subject to the laws' exemptions.
(Ord. 376 § 1, 2009)
Upon receipt of a complete application for a tobacco retailer's license and the license fee required as by this chapter, the department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:
A. 
The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.
B. 
The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating, by clear and convincing evidence, that the applicant is in the process of acquiring the location or business in an arm's length transaction.
C. 
The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.
D. 
The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this code including, without limitation, the La Cañada Flintridge zoning code, building code, and business license provisions, or that is unlawful pursuant to any other law.
(Ord. 376 § 1, 2009)
A. 
Renewal of License. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than 30 days prior to expiration of the term.
B. 
Expiration of License. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subsection A, the proprietor must:
1. 
Submit the license fee and application renewal form; and
2. 
Submit a signed affidavit affirming that the proprietor:
a. 
Has not sold, and will not sell, any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or
b. 
Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 6.07.120(A) of this chapter, before seeking renewal of the license.
(Ord. 376 § 1, 2009)
A. 
A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change its proprietor(s).
B. 
Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
1. 
The location has been fully transferred to a new proprietor(s); and
2. 
The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired, or are in the process of acquiring, the location in an arm's length transaction.
(Ord. 376 § 1, 2009)
Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code including without limitation, the zoning code, building codes, and business license provisions of the city, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5 or this code. For example, 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.
(Ord. 376 § 1, 2009)
The fee to issue or to renew a tobacco retailer's license shall be established from time-to-time by resolution of the city council. Fees are nonrefundable except as may be required by law.
(Ord. 376 § 1, 2009)
A. 
Compliance with this chapter shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter.
B. 
The department or other person designated to enforce the provisions of this chapter shall check the compliance of each tobacco retailer in a manner and frequency as determined by the city manager. Nothing in this subsection shall create a right of action in any licensee or other person against the city or its agents.
C. 
At the discretion of the department, compliance checks shall be conducted so as to allow the department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco. When the department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
D. 
The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
1. 
The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the department or city;
2. 
The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter.
(Ord. 376 § 1, 2009)
A. 
Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 6.07.020 of this chapter.
B. 
New License After Revocation.
1. 
After revocation for a first violation of this chapter at a location within any 36 month period, no new license may issue for the location until ten days have passed from the date of revocation.
2. 
After revocation for a second violation of this chapter at a location within any 36 month period, no new license may issue for the location until 30 days have passed from the date of revocation.
3. 
After revocation for a third violation of this chapter at a location within any 36 month period, no new license may issue for the location until 90 days have passed from the date of revocation.
4. 
After revocation for a fourth violation of this chapter at a location within any 36 month period, no new license may issue for the location until 12 months have passed from the date of revocation.
C. 
Appeal of Revocation. A decision by the department to revoke a license or impose other penalties may be appealed to the city's public safety commission for consideration. Such appeal must be filed with the city clerk within ten days of the mailing of the department's action. If such an appeal is made, it shall stay enforcement of the appealed upon action. An appeal to the city's public safety Commission is not available for a revocation made pursuant to subsection D of this section.
D. 
Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 6.07.050 existed at the time application was made or at any time before the license issued. The decision by the department shall be the final decision of the city. Such a revocation shall be without prejudice to the filing of a new license application.
(Ord. 376 § 1, 2009)
A. 
In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the department finds, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailing license as follows:
1. 
After a first violation of this section at a location within any 60 month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until 30 days have passed from the date of the violation.
2. 
After a second violation of this section at a location within any 60 month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until 90 days have passed from the date of the violation.
3. 
After a third or subsequent violation of this section at a location within any 60 month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction), until five years have passed from the date of the violation.
B. 
For the purposes of the remedies provided in this chapter:
1. 
Each day upon which a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter; or
2. 
Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this chapter; shall constitute a separate violation.
(Ord. 376 § 1, 2009)
A. 
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. 
Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
C. 
Violations of this chapter are subject to administrative citations as set forth in Chapter 1.07 of this code.
D. 
Violations of this chapter may be prosecuted as infractions or misdemeanors when the interests of justice so require.
E. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
F. 
Violations of this chapter are hereby declared to be public nuisances.
G. 
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action, including, for example, administrative or judicial nuisance abatement proceedings, civil enforcement proceedings, and suits for injunctive relief.
(Ord. 376 § 1, 2009; Ord. 444 § 10, 2015)