This ordinance shall be known as the Self-Service Tobacco Display ordinance.
(SCC 1068 § 1, 1997)
Substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.;
The National Centers for Disease Control and Prevention have found that at least 434,000 Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent;
The National Institute on Drug abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identify nicotine addiction as the most widespread example of drug dependence in the U.S.;
Studies have shown that shoplifting is a common behavior among teens, in fact 1 in 10 teenagers reported shoplifting as their primary means of obtaining cigarettes;
Tobacco is a 'gateway' to other drug dependencies. Kids who smoke heavily (one pack per day) are 3 times more likely to use alcohol, 8 times more likely to use marijuana, and 22 times more likely to use cocaine;
Children are starting to smoke at younger and younger ages. The average age a teen begins smoking is 14½ years old and becomes a daily smoker before age 18. Studies show that if people do not begin smoking as a teenager they will likely never start smoking; and
Representatives of the Retail Grocers' Association have requested that the restrictions set forth in this chapter be made applicable, as well, to tobacco paraphernalia.
Accordingly, the Board of Supervisors of the County of Sacramento finds and declares that, in order to reduce youth access to tobacco products and tobacco paraphernalia, it is necessary to prohibit self-service merchandising of tobacco products and paraphernalia and require only vendor-assisted sales of tobacco products and paraphernalia.
(SCC 1068 § 1, 1997)
The following words and phrases, whenever used in this article, shall be construed as defined in this section.
A.
"Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
B.
"Person" shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
C.
"Self-service merchandising" means open display of tobacco products and tobacco promotional products that the public, especially children, has access to without the intervention of an employee.
D.
"Tobacco paraphernalia" means cigarette papers, or any other instrument or paraphernalia designed for the smoking or ingestion of tobacco or controlled substances.
E.
"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, or any other form or manner of tobacco for ingestion.
F.
"Tobacco retailer" shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.
G.
"Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
H.
"Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.
I.
"Employer" means any person, partnership, or cooperation, including a municipal corporation or nonprofit entity, who employs the services of one or more individual persons.
J.
"Minor" shall mean any individual who is less than 18 years old.
K.
"Retailer" means a person who owns or is responsible for supervising the day-to-day operation of a business where tobacco products are displayed or otherwise offered for sale.
L.
"Line of sight" means that tobacco products themselves (and not merely the racks, shelves, kiosks, etc.) are under the direct surveillance of a store employee and located no more than eight feet from a regular work station of a store employee.
(SCC 1068 § 1, 1997; SCC 1618 § 49, 2018)
A.
It is unlawful for any person or business with the County to sell, permit to be sold, offer for sale, or display for sale any tobacco product or tobacco paraphernalia, except tobacco pipes and pipe tobacco, by means of self-service merchandising or by any other means other than vendor-assisted sales unless such products are within line of sight of a store employee.
B.
From the effective date of this chapter until July 15, 1997, the Department of Health and Human Services shall monitor whether sales of tobacco products to minors have been reduced. The results shall be reported to the Board of Supervisors no later than July 29, 1997. If it is found by the Board of Supervisors that minors were able to purchase tobacco products more than 20% of the time, then effective August 28, 1997, it shall be unlawful for any person or business with the County to sell, permit to be sold, offer for sale, or display for sale any tobacco product or tobacco paraphernalia, except tobacco pipes and pipe tobacco, by means of self-service merchandising or by any other means other than vendor-assisted sales.
(SCC 1068 § 1, 1997; SCC 1618 § 50, 2018)
A.
It shall be the responsibility of the Director of the Environmental Management Department ("EMD") to enforce, on behalf of the County, the provisions of this chapter. The Director of EMD shall be authorized to prosecute, in the name of the County, pursuant to the provision of Section 25132 of the Government Code, civil actions for the recovery of fines for violations of this chapter made infractions by Section 4.61.070 for violations of Sections 4.61.040, 4.61.060 and 4.61.080.
B.
Any person who desires to register a complaint under this chapter may initiate a complaint with the Director of EMD. The Director of EMD shall notify, and keep a record of notice, any establishment subject to this chapter of all citizen complaints under this chapter regarding apparent violation of this chapter by said person, tobacco retailer, or any owner, manager or operator of any establishment subject to this chapter.
C.
Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.
D.
Notice of this chapter shall be given to all applicants for a business license or renewal thereof who may engage in the retail sale of tobacco or tobacco paraphernalia.
E.
The staff of EMD or any other County department shall, in connection with their regular work activity or inspections of business and food facilities located in the unincorporated areas of the County, require that the owner, manager, operator, or other person who controls such establishments be in compliance with applicable requirements of this chapter.
(SCC 1068 § 1, 1997; SCC 1618 § 51, 2018)
A.
It is unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to this chapter to fail to comply with any of its provisions.
B.
Any person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter shall have the following responsibilities:
(SCC 1068 § 1, 1997; SCC 1618 § 52, 2018)
A.
Any person, business, tobacco retailer, or owner, manager, or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction, punishable by:
1.
A fine, not exceeding $100 and/or five days of community service, for the first violation.
2.
A fine, not exceeding $200 and/or 10 days of community service, for a second violation of this chapter within one year.
3.
A fine, not exceeding $500 and/or 15 days of community service, for a third violation of this chapter within one year.
(SCC 1068 § 1, 1997; SCC 1618 § 53, 2018)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this chapter.
(SCC 1068 § 1, 1997)
If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or applications, and to this end the provisions of this chapter are declared to be severable.
(SCC 1068 § 1, 1997)
In order to increase voluntary compliance with this chapter, the County or its designee shall conduct informational activities to notify and educate tobacco retailers and the public of this chapter.
(SCC 1068 § 1, 1997)