The purpose of this chapter is to encourage responsible tobacco retailing and discourage violations of tobacco related laws that prohibit the sale or distribution of tobacco products, including all smoking materials as defined in Section
8.70.020, to minors. This chapter is not intended to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore.
(Ord. 449 § 1, 2018)
When used in this chapter, the following definitions shall have
the meanings given by this section, whether or not these words or
phrases are capitalized:
"Electronic smoking device"
means an electronic and/or battery-operated device, the use
of which may resemble smoking, which can be used to deliver an inhaled
dose of nicotine or other substances by delivering a vaporized or
heated solution. Electronic smoking device includes any such device,
whether manufactured, distributed marketed or sold as an electronic
cigarette, an e-cigarette, an electronic cigar, electronic cigarillo,
an electronic pipe, an electronic hookah, vaporizer, vape pen, heated
tobacco product, or any product name or descriptor, including any
component, part or accessory of such a device, whether or not sold
separately. Electronic smoking device does not include any product
that has been approved by the United States Food and Drug Administration
for sale as a tobacco cessation product or for other therapeutic purposes
where that product is marketed and sold solely for such approved use.
"Electronic smoking device paraphernalia"
means cartridges, cartomizers, e-liquid, smoke juices, tips,
atomizers, electronic smoking device batteries, electronic smoking
device chargers and any other item specifically designed for the preparations,
charging or use of electronic smoking devices.
"Hearing officer"
means the impartial hearing officer designated to serve in
this capacity.
"License"
means a tobacco retail license issued by the city pursuant
to this chapter.
"Licensee"
means a person to whom a license has been issued.
"Person"
means any individual, firm, partnership, joint venture, limited
liability company, association, social club, fraternal organization,
corporation, estate, trust, business trust, receiver, trustee, syndicate,
or any other group or combination acting as a unit.
"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 can have, sole or shared control over the day-to-day operations
of a business.
"Smoking materials"
means tobacco products, electronic smoking device, electronic
smoking device paraphernalia, and any other product containing tobacco
or nicotine that releases gases, particles or vapors into the air
as a result of combustion, heating, electrical ignition or vaporization,
when the apparent or usual purpose is human inhalation of the byproducts.
"Tobacco paraphernalia"
includes cigarette papers or wrappers, blunt wraps, pipes,
holders of smoking materials of all types, cigarette rolling machines,
and any other item or instrument designed for the smoking, consumption,
use or ingestion of tobacco products.
"Tobacco product"
means: (1) any product containing, made, or derived from
tobacco or nicotine that is intended for human consumption, 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; and (2)
any electronic smoking device. (3) Notwithstanding any provision of
subsections (1) and (2) to the contrary, "tobacco product" includes
any component, part, or accessory of a tobacco product, whether or
not sold separately. "Tobacco product" does not include any product
that has been approved by the United States Food and Drug Administration
for sale as a tobacco cessation product or for other therapeutic purposes
where such product is marketed and sold solely for such an approved
purpose.
"Tobacco retailer"
means any person who sells, offers for sale, exchanges, or
offers to exchange for any form of consideration, tobacco, tobacco
products, or tobacco paraphernalia without regard to the quantity
sold, offered for sale, exchanged, or offered for exchange.
"Tobacco retailing"
shall mean selling, offering for sale, exchanging, or offering
to exchange for any form of consideration, tobacco, tobacco products,
or tobacco paraphernalia without regard to the quantity sold, offered
for sale, exchanged, or offered for exchange.
(Ord. 449 § 1, 2018)
Each license shall be prominently displayed in a publicly visible
location at the licensed premises. Failure to properly display the
license will result in the issuance of a citation.
(Ord. 449 § 1, 2018)
The fee for issuance or renewal of a tobacco retail license
shall be established by resolution of the city council and shall be
in addition to the city's business license fee and any other license
or permit fee imposed by this code upon the applicant. The tobacco
retail license fee shall be paid to the city at the time the license
application is submitted. 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,
tobacco retailer education, tobacco 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.
(Ord. 449 § 1, 2018)
A tobacco retail license is nontransferable and subject to the
provisions of this section. Nothing in this chapter shall be construed
to grant any person obtaining and maintaining a tobacco retailer license
any status or right other than the limited conditional privilege to
act as a tobacco retailer at the location within the city's jurisdictional
boundaries identified on the face of the license, subject to compliance
with the terms and conditions of this chapter.
(Ord. 449 § 1, 2018)
If any section, subsection, subdivision, paragraph, sentence,
clause, or phrase in this chapter or any part thereof is for any reason
held to be unconstitutional or invalid or ineffective by any court
of competent jurisdiction, that decision shall not affect the validity
or effectiveness of the remaining portions of this chapter or any
part thereof. The city council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase thereof irrespective of the fact that any one or
more subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional, or invalid, or ineffective.
(Ord. 449 § 1, 2018)