The City Council of the City of Santa Barbara is reliably informed
that:
A. State
law prohibits the sale or furnishing of cigarettes, tobacco products
and smoking paraphernalia to minors, as well as the purchase, receipt,
or possession of tobacco products by minors.
B. State
law requires tobacco retailers to check the identification of tobacco
purchasers who reasonably appear to be under 18 years of age and provides
procedures for onsite sting inspections of tobacco retailers using
persons under 18 years of age.
C. The
results of the 2000 California Youth Tobacco Purchase Survey demonstrate
that 12.8% of retailers surveyed sold tobacco product to minors, however,
the most recent local youth purchase survey showed youth buy rates
of 38%.
D. The
California courts in such cases as Cohen v. City Council, 40 Cal.3d
277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal.App.4th
383 (1993), have affirmed the power of cities to regulate business
activity in order to discourage violations of state law.
E. The
City has the power to regulate the operation of lawful businesses
to avoid circumstances that facilitate violations of the state, federal,
and local laws.
(Ord. 5260, 2002)
It is the intent of the City Council, in enacting this chapter,
to discourage violations of laws which prohibit or discourage sale
or distribution of tobacco products to minors, but not to expand or
reduce the degree to which the acts regulated by state or federal
law are criminally proscribed.
(Ord. 5260, 2002)
The following words and phrases, whenever used in this chapter,
shall have the meanings defined in this section unless the context
clearly requires otherwise:
Health Officer.
The County Health Officer or his/her duly authorized designee.
Person.
Any natural person, partnership, cooperative association,
private or public corporation, personal representative, receiver,
trustee, assignee, or any other legal entity.
Police Chief.
The Chief of Police for the City of Santa Barbara or his/her
duly authorized designee.
Tobacco Product.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigars, pipe tobacco, snuff, smokeless tobacco,
chewing tobacco, dipping tobacco, or any other preparation of tobacco,
including Indian cigarettes called "bidis" which may be used for smoking,
chewing, inhalation or other manner of ingestion.
Tobacco Retailer.
Any person who sells, offers for sale, or offers to exchange
for any form of consideration, tobacco, or tobacco products; "tobacco
retailing" shall mean the doing of any of these things.
(Ord. 5260, 2002)
Each tobacco retailer licensee shall prominently display the
tobacco retailer license at each location where tobacco retailing
occurs.
(Ord. 5260, 2002)
Any person who is selling tobacco products as of the effective
date of this chapter shall obtain a tobacco retailer license within
30 days of the effective date of this chapter.
(Ord. 5260, 2002)