The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:
"Arm's length transaction"
means a sale in good faith and for valuable consideration that reflects the fair market value 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.
"Child-resistant packaging"
means packaging that meets the definition set forth in Code of Federal Regulations, Title 16, Section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on January 1, 2015.
"Cigar"
means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four and one-half pounds per thousand.
"Cigarette"
means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) 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 herein.
"Consumer"
means a person who purchases a tobacco product for consumption and not for sale to another.
"Coupon"
means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
"Department"
means the city's community and economic development department and any agency or person designated by the department to enforce or administer the provisions of this chapter.
"Director"
means the city's community and economic development director or designee.
"Drug paraphernalia"
has the meaning set forth in California Health and Safety Code Sections 11014.5, 11364.5, and 11364.7 as those sections may be amended from time to time.
"Electronic smoking device"
means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an ecigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
"Flavored tobacco product"
means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.
"Full retail price"
means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
"Labeling"
means written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
"Little cigar"
means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four and one-half pounds per thousand. "Little cigar" includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
"Manufacturer"
means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
"Package" or "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.
"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 has or shares ultimate control over the day-to-day operations of a business.
"Sale" or "sell"
means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
"Self-service display"
means the open display or storage of tobacco products 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.
"Tobacco product"
means:
1. 
Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff;
2. 
Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
3. 
Any component, part, or accessory of subsection (1) or (2) above, whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
"Tobacco product"
does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
"Tobacco retailer"
means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco products. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange.
"Youth decoy"
means a person under the age of twenty-one but not younger than eighteen, who is supervised by the sheriff's department or code enforcement division to conduct onsite sting investigations of a tobacco retailer to determine compliance with tobacco retailing laws.
(Ord. 1154 § 4, 2022)
A. 
Tobacco Retailer's License Required. Notwithstanding Section 9.42.030 of this code, it shall be 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 tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law.
B. 
Compliance With All Laws Required. 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 any person, proprietor, or any of the tobacco retailer's agents or employees, to violate any local, state, or federal law applicable to tobacco products or tobacco retailing.
C. 
Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
D. 
Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any tobacco products to any person under twenty-one years of age.
E. 
Minimum Clerk Age. No person who is younger than the minimum age established by state law for the purchase or possession of any tobacco product shall engage in tobacco retailing.
F. 
Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product to another person without first verifying by means of government-issued photographic identification that the recipient is at least twenty-one years of age.
G. 
Drug Paraphernalia. It shall be a violation of this chapter for any person engaged in tobacco retailing or any of the tobacco retailer's agents or employees to violate any local, state, or federal law regulating controlled substances or drug paraphernalia, except that conduct authorized pursuant to state law shall not be a violation of this chapter.
H. 
Self-Service Displays Prohibited. No tobacco retailer shall display tobacco products by means of a self-service display or engage in tobacco retailing by means of a self-service display. A tobacco retailer who chooses to display tobacco products in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times.
I. 
Windows.
1. 
In the course of tobacco retailing or in the operation of a business or maintenance of a location for which a license is issued, it shall be a violation of this chapter for a proprietor, or any of the tobacco retailer's agents or employees, to cover more than ten percent of the window area with window signs unless otherwise prohibited in the applicable zone, whichever is more restrictive shall apply.
2. 
All windows and doors shall be maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights-of-way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights-of-way or from the entrance.
J. 
False and Misleading Advertising Prohibited. A tobacco retailer without a valid tobacco retailer license or a proprietor without a valid tobacco retailer license, including, for example, a person whose license has been suspended or revoked:
1. 
Shall keep all tobacco products out of public view. The public display of tobacco products in violation of this provision shall constitute tobacco retailing without a license; and
2. 
Shall not display any advertisement relating to tobacco products 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.
(Ord. 1154 § 4, 2022; Ord. 1170 § 4, 2023)
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.
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, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.
C. 
There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:
1. 
Made a public statement or claim that the tobacco product has a taste or smell other than tobacco;
2. 
Used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product has a taste or smell other than tobacco; or
3. 
Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product has a taste or smell other than tobacco.
(Ord. 1154 § 4, 2022)
A. 
Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless such product: (1) is sold in the original manufacturer's packaging intended for sale to consumers; and (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.
B. 
Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.
C. 
Prohibition of Tobacco Coupons and Discounts. No tobacco retailer shall:
1. 
Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;
2. 
Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or
3. 
Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
(Ord. 1154 § 4, 2022)
A. 
Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco 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 5.75.130 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 license.
2. 
The business name, address, and telephone number of the single fixed location for which a 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) above.
4. 
Proof that the location for which a tobacco retailer's license is sought has been issued a valid state license for the sale of tobacco products, if the tobacco retailer sells products that require such license.
5. 
Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products 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.
7. 
A statement signed by each proprietor that no drug paraphernalia is or will be sold at the business seeking the license.
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.
(Ord. 1154 § 4, 2022)
A. 
Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this chapter, the department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. The department may deny an application for a tobacco retailer's license based on any of the following:
1. 
The application is incomplete, inaccurate, false, or misleading;
2. 
The department has information that the applicant, or the applicant's agent(s) or employee(s), violated any local, state, or federal tobacco control law within the preceding one hundred eighty days; or
3. 
The application seeks authorization for tobacco retailing at an address where a previous tobacco retail license has been suspended, revoked, or is subject to suspension or revocation proceedings for any violation of any of the provisions of this chapter. However, this shall not constitute a basis for denial of a tobacco retail license if either or both of the following apply:
a. 
The applicant provides documentation which clearly demonstrates that the applicant has acquired or is in the process of acquiring the premises or business in an arm's length transaction, or
b. 
It has been more than five years since the most recent tobacco retail license for that location was revoked;
4. 
Any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant's history of noncompliance with this chapter and other laws relating to the sale of tobacco products.
B. 
Renewal of Tobacco Retail License. A tobacco retail license shall be valid for one year and must be renewed between thirty and sixty days prior to the expiration of the tobacco retail license. A tobacco retail license may be renewed for additional one year periods by submission of a renewal application and the applicable fee. Any tobacco retail license that is suspended, has been revoked within the previous five years, or is subject to suspension or revocation proceedings shall not be renewed until suspension or revocation proceedings are complete and the suspension or revocation period, if any, is over.
(Ord. 1154 § 4, 2022)
In addition to the tobacco retail license, any tobacco retailer must have a valid business license as required by Title 5 of this code.
(Ord. 1154 § 4, 2022)
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 in proprietor(s).
(Ord. 1154 § 4, 2022)
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 permit. 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:
A. 
Any provision of this code, including, but not limited to, zoning, building and business license provisions; and/or
B. 
Any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. Obtaining a tobacco retailer's license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code Section 6404.5.
(Ord. 1154 § 4, 2022)
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. The fee shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. The level of compliance monitoring will affect the fees charged to tobacco retailers.
(Ord. 1154 § 4, 2022)
A. 
Compliance with this chapter shall be monitored by the department and the city's code enforcement division. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate additional persons to monitor compliance with this chapter.
B. 
Monitoring may include, but is not limited to, unannounced inspections and/or youth decoy operations during a tobacco retailer's hours of operation.
C. 
The department shall conduct unannounced inspections for each tobacco retailer at least one time per twelve-month period to ensure compliance with this chapter.
D. 
The city will conduct at least one unannounced compliance check per twelve-month period that involves the participation of youth decoys, or an agent designated by the city to enter licensed premises to attempt to purchase tobacco products.
E. 
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 (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 officer of the city;
2. 
The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or
3. 
The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by any city or local agency or the California Department of Health Services.
F. 
Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.
G. 
Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of twenty-one years old, including, but not limited to, a youth decoy operation, 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 by the city.
H. 
Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.
(Ord. 1154 § 4, 2022; Ord. 1170 § 3, 2012)
A. 
It shall be a violation of this chapter for any person, tobacco retailer/licensee, or its agent(s) or employee(s), to violate any federal, state, or local tobacco law or regulation, including any provision of this chapter. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.
B. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
C. 
The failure of the tobacco retailer/licensee, or the applicant's agent(s) or employee(s) to allow any peace officer, the director, or any authorized city official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulation, including any provision of this chapter, at any time the business is open for business shall constitute a violation.
D. 
No tobacco retailer/licensee or its agent(s) or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least twenty little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than twenty units.
E. 
A tobacco retail license may be issued to authorize tobacco retailing at a fixed location only. Tobacco retailing on foot or from vehicles, carts, or any other non-fixed location, is prohibited and shall be considered a violation of this chapter.
(Ord. 1154 § 4, 2022)
A. 
In addition to any other remedy authorized by law, a tobacco retail license may be suspended or revoked as provided in this section if it is discovered that any of the following occurred:
1. 
The licensee, or the licensee's agent(s) or employee(s), violated any provision of this chapter. Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee, nor shall violations by a prior licensee at the same location be accumulated against a subsequent licensee at the same location;
2. 
The original or renewal application contained incomplete, inaccurate, false, or misleading information;
3. 
One or more of the bases for denial listed in Section 5.75.060 existed before the tobacco retail license was issued; or
4. 
A licensee is convicted of a misdemeanor or felony violation of any federal, state, or local tobacco law or regulation, including any provision of this code.
B. 
During any period of suspension or revocation, the licensee shall remove all tobacco products and from view, including from displays and behind counter storage areas, whether or not visible to the public. All tobacco products must be placed in a room that is separate from the area where point of sale transactions occur, or removed from the tobacco retail location entirely. Failure to do so may be considered a subsequent violation.
C. 
During any period of suspension or revocation, the tobacco retailer/licensee shall conspicuously post, at each point of sale register and near the entrance door of the tobacco retail location, a notice of a tobacco retail license suspension provided by the department. The notice shall include the suspension or revocation period, reason for suspension or revocation, tobacco retailer/licensee and location information, and department contact information to report violations.
D. 
When the director finds a violation as set forth in this chapter, the tobacco retail license may be suspended or revoked as follows:
1. 
Upon finding by the director of a first tobacco retail license violation, the tobacco retail license may be suspended for up to thirty days;
2. 
Upon a finding by the director of a second tobacco retail license violation within any five-year period, the tobacco retail license may be suspended for up to ninety days;
3. 
Upon a finding by the director of a third tobacco retail license violation in any five-year period, the tobacco retail license may be suspended for up to one hundred twenty days; and
4. 
Upon a finding by the director of a fourth tobacco retail license violation within a five-year period, the tobacco retail license shall be revoked.
(Ord. 1154 § 4, 2022)
A. 
Before a tobacco retail license is suspended or revoked, the director shall provide written notice to the licensee. Said notice shall include the following:
1. 
A statement that the proprietor's tobacco retail license is being suspended or revoked pursuant to this chapter;
2. 
The code section violated by licensee or licensee's agents or employees;
3. 
A description of the violation that occurred;
4. 
The address of the business where the violation occurred; and
5. 
The procedure for requesting an administrative review.
B. 
A licensee served with a notice of suspension or revocation may request an administrative review to contest the suspension or revocation. The request must be made in writing and filed with the city manager within ten calendar days of service of the notice of suspension or revocation. Failure to timely request an administrative review shall be deemed a waiver of the right to request such a review and a failure to exhaust administrative remedies.
C. 
After receiving a timely administrative review request, the city manager shall schedule an administrative review within twenty calendar days of receipt of the written request and designate a reviewing officer. The city manager may appoint as a reviewing officer, any department or other city employee who is not directly involved in inspection or enforcement of tobacco retailing establishments.
D. 
The proprietor shall be given written notice of the date, time, and location of the administrative review and the name of the reviewing officer who will conduct the administrative review at least ten calendar days in advance of the review.
E. 
The reviewing officer, in their discretion, may grant a reasonable continuance upon the written request and showing of good cause.
F. 
At the administrative review, the department has the burden of providing by a preponderance of the evidence that the alleged violation occurred.
G. 
The failure to appear at the administrative review shall constitute an abandonment of the review request and a failure to exhaust administrative remedies.
H. 
Within ten calendar days after the close of the administrative review, the reviewing officer shall issue a written decision on the suspension or revocation of the tobacco retail license, including a statement of the basis for the decision. The reviewing officer's written decision shall constitute the final administrative decision of the city.
I. 
If the director revokes a tobacco retail license, no new tobacco retail license may be issued for five years after that revocation.
(Ord. 1154 § 4, 2022)
A. 
In addition to any other penalties and remedies provided by law, including the provisions of this chapter, any violation of the provisions of this chapter may be charged as a misdemeanor pursuant to Chapter 1.20 of this code, or, in the discretion of the prosecutor, as an infraction. Any person who violates any provision of this chapter is subject to an administrative citation pursuant to Chapter 1.20 as well as a civil action, including, but not limited to, an injunction, as well as prosecution for any criminal violation.
B. 
In addition to any other penalty under this chapter, a person found to have engaged in tobacco retailing without a valid tobacco retail license shall be ineligible to apply for or be issued a tobacco retail license as follows:
1. 
After a person is caught in violation of this section, no new tobacco retail license may be issued for the person as a proprietor until thirty days have passed from the date of the violation; and
2. 
Each day that a person engages in tobacco retailing without a valid tobacco retail license shall constitute a separate violation.
C. 
Any person found by the director to be ineligible to be issued a tobacco retail license pursuant to this section may request an administrative review within ten days of notice of the violation. The request must be made to the director in writing. Any administrative review shall be held pursuant to the provisions of Section 5.75.140 of this chapter.
D. 
Violations of this chapter are hereby declared to be public nuisances pursuant to this code.
(Ord. 1154 § 4, 2022; Ord. 1170 § 5, 2023)
Nothing in this chapter shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter or the application of such provision to other persons or circumstances shall not be affected thereby.
(Ord. 1154 § 4, 2022)