For the purposes of this chapter, the following words and phrases
shall have the meaning indicated, unless otherwise expressly stated
or the context clearly indicates a different meaning:
Bar.
Any business licensed or required to be licensed by the Department
of Alcoholic Beverage Control for alcoholic beverage on-sale privileges
as a "public premises" as defined by California Business and Professions
Code Section 23039.
Enclosed Area.
All space between a floor and ceiling which is enclosed on
all sides by solid walls, or windows, or doors, which extend from
the floor to the ceiling, including all space therein screened by
partitions which do not extend to the ceiling or are not solid. For
the purposes of this chapter, the term "enclosed" shall refer to an
"enclosed area."
Outdoor Dining Area.
Any area of the City sidewalk or public right-of-way licensed to a food service establishment pursuant to Chapter
9.95.
Public Place.
Any area or place, publicly or privately owned, that is open
to the general public regardless of fee or age requirement, which
the public is invited or in which the public is permitted. For the
purposes of this chapter, a private residence is not a "public place"
except when the residence is used as a child care, health care, board
and care, or community foster care facility as such terms are defined
by the state
Health & Safety Code.
Recreational Area or Facility.
Any public or private area open to the public for recreational
purposes, whether or not any fee for admission is charged.
Restaurant.
Any eating establishment which gives or offers for sale food
to the public, which is not licensed or not required to be licensed
by the Department of Alcoholic Beverage Control for alcoholic beverage
on-sale privileges or is licensed by the Department of Alcoholic Beverage
Control for alcoholic beverage on-sale privileges as a "bona fide
eating place" as defined by California
Business and Professions Code
Section 23038.
Retail Tobacco Store.
A retail store utilized primarily for the sale of tobacco
products and accessories.
Self-Service Displays.
An open display of tobacco products and point-of-sale tobacco
promotional products that the public has access to without the intervention
of an employee.
Smoking.
The carrying or holding of a lighted or activated pipe, cigar,
cigarette, electronic smoking device, or any other lighted or activated
smoking product or equipment used to burn or vaporize any tobacco
products, marijuana, weed, plant, or other combustible substance.
"Smoking" includes emitting or exhaling the fumes or vapor of any
pipe, cigar, cigarette, electronic smoking device, or any other lighted
smoking equipment used for burning or vaporizing any tobacco product,
marijuana, weed, plant, or any other combustible substance.
Tobacco Product.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff,
chewing tobacco, dipping tobacco, bidis, blunts, clove cigarettes,
or any other preparation of tobacco. "Tobacco product" includes any
product or formulation of matter containing biologically active amounts
of nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with the expectation that the product or matter will be
introduced into the human body, including, but not limited to, electronic
cigarettes or electronic smoking devices. "Tobacco product" does not
include any cessation product specifically approved by the United
States Food and Drug Administration for use in treating nicotine or
tobacco dependence.
Tobacco Vending Machine.
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco, or tobacco products upon the insertion
of coins, bills, trade checks, slugs or other form of legal tender
or consideration.
Vendor-Assisted.
When a store employee has access to the tobacco product and
assists a customer by supplying the product.
(Ord. 4877, 1994; Ord. 5243, 2002; Ord. 5801, 2017)
Every hotel and motel shall have signs posted conspicuously
in the registration and lobby areas which state that nonsmoking rooms
are maintained and may be available; rooms designated as being nonsmoking
shall have signs announcing such restriction conspicuously placed
within each room.
(Ord. 5801, 2017)
A. Posting
of signs. Any person, business, tobacco retailer, or other establishment
subject to this chapter shall post STAKE Act signs at the point of
purchase of tobacco products, which are in compliance with signage
specifications and state:
THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE
IS PROHIBITED BY LAW AND SUBJECT TO PENALTIES. VALID IDENTIFICATION
MAY BE REQUIRED, TO REPORT AN UNLAWFUL TOBACCO SALE, CALL 1-800-5ASK-4-ID.
BUSINESS AND PROFESSIONS CODE SECTION 22952.
B. Sales
to minors. No person, business, tobacco retailer, or owner, manager,
or operator of any establishment subject to this chapter shall sell,
offer to sell, or permit to be sold any tobacco product to an individual
without requesting and examining identification establishing the purchaser's
age as 18 years or greater unless the seller has some reasonable basis
for determining that the buyer is at least 18 years of age.
C. Self-service
sales of tobacco.
1. Sale
of Tobacco Products by the Pack. It is unlawful for any person, business,
or tobacco retailer within the City to sell, offer for sale, or display
for sale any tobacco product by means of a self-service display. All
tobacco products (other than cartons of cigarettes, multi-container
packages of smokeless tobacco and cigars and pipe tobacco displayed
for sale pursuant to paragraph 2 below) shall be offered for sale
exclusively by means of vendor/employee assistance.
2. Sales
of Cartons, Cigars, and Pipe Tobacco. Cartons of cigarettes, multi-container
packages of smokeless tobacco and cigars and pipe tobacco may be sold
by means of self-service merchandising displays only when such product
displays are under the direct observation of a vendor/employee. Tobacco
products shall be deemed to be under direct observation of a vendor/employee
only if the tobacco products themselves (and not merely the racks,
shelves, kiosks, etc., where the products are displayed) are in the
plain and direct view of a store employee at all times.
D. Tobacco
vending machines.
1. No
person, business, tobacco retailer, or other establishment subject
to this chapter shall locate, install, keep, maintain or use, or permit
the location, installation, keeping, maintenance, or use of, on his,
her or its premises any vending machine for the purpose of selling
or distributing any tobacco product. Any tobacco vending machine in
use on the effective date of this chapter shall be removed within
30 days after the effective date of this chapter.
2. This
provision shall not apply to vending machines which are located in
bars provided that such vending machines in bars must be located at
least 25 feet from any entry into the bar.
E. Out
of package sales. No person, business, tobacco retailer or other establishment
shall sell or offer for sale cigarettes or other tobacco or smoking
products not in the original packaging provided by the manufacturer
and with all required health warnings.
(Ord. 4877, 1994; Ord. 4897, 1994; Ord. 4992, 1996; Ord. 5243, 2002; Ord. 5801, 2017)