(A) 
In promoting the health, safety, and general welfare of its residents, the County of Santa Cruz has a substantial interest in encouraging compliance with Federal, State, and local laws regulating tobacco sales and use.
(B) 
State law permits local governments to enact local tobacco retail licensing ordinances and allows for the suspension or revocation of a local license for a violation of any State tobacco control law. State law further permits local governments to restrict the sale of tobacco products beyond the restrictions that have been imposed by the State legislature.
(C) 
This chapter is adopted to (1) ensure compliance with business standards and practices of the County; (2) encourage responsible tobacco retailing; (3) discourage violations of tobacco-related laws; and (4) address the environmental harm and reduce the clean-up costs to the County that arise from the widespread availability of cigarettes and cigars which are marketed as "filtered." 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 otherwise regulated.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019; Ord. 5461 § 1, 2024)
(A) 
"Characterizing flavor"
means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or the provision of ingredient information.
(B) 
"Cigar"
means any roll of tobacco wrapped entirely or in part in leaf tobacco or any substance containing tobacco.
(C) 
"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.
(D) 
"Compliance Officer"
means any County of Santa Cruz Sheriff's Office employee designated by the Sheriff to enforce the provisions of this chapter.
(E) 
"Consumer"
means a person who purchases a tobacco product for consumption and not for sale to another.
(F) 
"Department"
means the Santa Cruz County Health Services Agency.
(G) 
"Drug paraphernalia"
shall have the definitions set forth in California Health and Safety Code Section 11014.5, as that section may be amended from time to time.
(H) 
"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 e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, or similar product. "Electronic smoking device" includes any component, part, or accessory of the device, and includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
(I) 
"Flavored tobacco product"
means any tobacco product or tobacco paraphernalia that imparts a characterizing flavor.
(J) 
"Health Officer"
means the Health Officer of the County of Santa Cruz or their designee.
(K) 
"Labeling"
means written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product.
(L) 
"License"
means a tobacco retailer license issued by the County pursuant to this chapter.
(M) 
"Licensee"
means any proprietor holding a license issued by the County pursuant to this chapter.
(N) 
"License fee"
means the charge established by resolution of the Board of Supervisors, calculated to recover the reasonable regulatory costs of issuing and administering licenses, retailer education, performing investigations, inspections, and the administrative enforcement and adjudication thereof.
(O) 
"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.
(P) 
"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.
(Q) 
"Partially inconsumable cigar"
means any cigar containing an embedded component or part commonly referred to or marketed as a filter that is not intended to be consumed, whether it is made of any material including, but not limited to, plastic, cellulose acetate, other fibrous plastic material, or any other inorganic, organic, or biodegradable material.
(R) 
"Partially inconsumable cigarette"
means any cigarette containing an embedded component or part commonly referred to or marketed as a filter that is not intended to be consumed, whether it is made of any material including, but not limited to, plastic, cellulose acetate, other fibrous plastic material, or any other inorganic, organic, or biodegradable material.
(S) 
"Person"
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(T) 
"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 10 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 can or does have or share ultimate control over the day-to-day operations of a business.
(U) 
"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.
(V) 
"Self-service display"
means the open display or storage of tobacco products or tobacco paraphernalia 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.
(W) 
"Tobacco paraphernalia"
means any item designed or marketed for the consumption, use or preparation of tobacco products.
(X) 
"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, or snuff;
(2) 
Any electronic smoking device; and
(3) 
Any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately.
"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.
(Y) 
"Tobacco retailer"
means any person or business who sells, offers for sale or distribution, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, distributed, exchanged, or offered for exchange.
(Z) 
"Tobacco retailing"
means 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. 5088 § 1, 2011; Ord. 5231 § 1, 2016; Ord. 5300 § 3, 2019; Ord. 5461 § 2, 2024; Ord. 5483 § 1, 2025)
(A) 
Any person intending to act as a tobacco retailer shall obtain a tobacco retailing license for each location at which tobacco retailing is to occur. No person shall engage in tobacco retailing in the County of Santa Cruz without first obtaining and maintaining a valid license for each location from which tobacco retailing is to occur.
(B) 
Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(C) 
Nothing in this chapter shall be construed to grant any licensee any status or right other than to act as a tobacco retailer at the location identified on the face of the license, subject to compliance with all other applicable laws, regulations, or ordinances. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law.
(Ord. 5088 § 1, 2011; Ord. 5231 § 1, 2016; Ord. 5300 § 3, 2019; Ord. 5461 § 3, 2024)
(A) 
No license shall be issued to authorize tobacco retailing at other than a fixed business place.
(B) 
No license shall be issued to authorize tobacco retailing at any location for which a tobacco retailer license suspension is in effect or during a period of ineligibility following a revocation.
(C) 
Tobacco retailing is prohibited near schools and areas with youth populations as follows:
No new license may issue to authorize tobacco retailing within 600 feet of a youth-populated area as measured by a straight line from the nearest point of the property line of the parcel on which the youth-populated area is located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purposes of this subsection, a "youth-populated area" means a parcel in the County that is occupied by a private or public kindergarten, elementary, middle, junior high, or high school.
(D) 
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 a licensee, or any of the licensee's agents or employees, to violate any local, State, or Federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(E) 
No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age for sale of tobacco products, as established by State law.
(F) 
No person who is younger than 21 years of age shall engage in tobacco retailing.
(G) 
No person engaged in tobacco retailing shall sell, permit to be sold or offer for sale drug paraphernalia.
(H) 
Tobacco retailing by means of a self-service display is prohibited.
(I) 
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.
(1) 
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.
(2) 
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:
(a) 
Made a public statement or claim that the tobacco product imparts a characterizing flavor;
(b) 
Used text and/or images on the tobacco products' labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or
(c) 
Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.
(J) 
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, partially inconsumable cigarettes or partially inconsumable cigars.
(1) 
There shall be a rebuttable presumption that a tobacco retailer in possession of four or more packages containing any partially inconsumable cigarettes or partially inconsumable cigars possesses such packages of partially inconsumable cigarettes or partially inconsumable cigars with the intent to sell or offer for sale.[1]
[1]
Code reviser's note: Section 8 of Ord. 5461 reads, in part: "Enforcement of subsection (J) of SCCC § 5.60.040 shall begin January 1, 2027 or on a date that two additional jurisdictions in the County approve a similar ordinance, whichever date is later."
(Ord. 5088 § 1, 2011; Ord. 5231 § 1, 2016; Ord. 5300 § 3, 2019; Ord. 5461 § 4, 2024)
(A) 
All applications for a license shall be submitted to the Department in the name of each proprietor proposing to conduct tobacco retailing and signed by each prospective proprietor or an authorized agent. Each license application must be accompanied by the required license fee which is set by resolution of the Board of Supervisors. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location.
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 County 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 SCCC § 5.60.100.
Every application shall contain the following information:
(1) 
The name, address, and telephone number of each proprietor;
(2) 
The business name, address, and telephone number of the fixed location for which the license is sought;
(3) 
Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the date of the suspension or revocation;
(4) 
Proof that the location for which a tobacco retailing license is sought has been issued a valid State tobacco retailer's license by the California Department of Tax and Fee Administration;
(5) 
A statement signed by each proprietor that no drug paraphernalia is or will be sold at the location for which the license is sought;
(6) 
A statement signed by each proprietor that the proprietor is informed of the laws affecting tobacco retailing licenses; and
(7) 
Such other information as the County deems necessary for the administration of this chapter.
(B) 
All information required to be submitted in order to apply for a tobacco retailer's license shall be updated whenever the information changes. A tobacco retailer shall provide the Department with any updates within 10 business days of a change.
(Ord. 5088 § 1, 2011; Ord. 5231 § 1, 2016; Ord. 5300 § 3, 2019)
(A) 
Upon the receipt of a complete application for a tobacco retailer's license and the license fee required by this chapter, the Health Officer shall issue a tobacco retail license unless one or more of the following exists:
(1) 
The application seeks authorization for tobacco retailing at a location for which a suspension is in effect pursuant to this chapter, for which a license has been revoked pursuant to this chapter, or for which this chapter otherwise prohibits issuance of tobacco retailer licenses;
(2) 
The application seeks authorization for tobacco retailing for a proprietor to whom a suspension is in effect pursuant to this chapter for the subject location or another location, whose license has been revoked pursuant to this chapter for the subject location or another location, or to whom this chapter otherwise prohibits a tobacco retailer license to be issued (for example, where a person or entity closely affiliated with the proprietor (e.g., a spouse, domestic partner, or business partner) seeks a new license which would have the effect of circumventing an existing license suspension or revocation);
(3) 
The Health Officer has information that the proprietor or their agent or employee has violated any local, State or Federal tobacco control law, including this chapter, within the preceding 60 months; or
(4) 
The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is otherwise unlawful pursuant to this code, or that is unlawful pursuant to any other local, State, or Federal law.
(B) 
Any denial of an application shall be in writing setting forth the reasons for denial of the license. Such denial shall be subject to appeal in accordance with SCCC § 5.60.120.
(Ord. 5088 § 1, 2011; Ord. 5231 § 1, 2016; Ord. 5300 § 3, 2019; Ord. 5398 § 1, 2022)
(A) 
A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year beginning each fiscal year on July 1st and ending on June 30th of the following year. Each tobacco retailer shall apply for the renewal of their tobacco retailer's license and submit the license fee no later than 30 days prior to expiration of the term.
(B) 
A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subsection (A) of this section, the proprietor must:
(1) 
Submit the license fee;
(2) 
Submit a signed affidavit affirming that the proprietor:
(a) 
Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or
(b) 
Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in this chapter, before seeking renewal of the license.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019)
A tobacco retailer's license may not be transferred from one person to another or from one location to another. Whenever a tobacco retailing location has a change in proprietors, a new tobacco retailer's license is required.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019)
(A) 
Compliance with this chapter shall be monitored by the Department or any Compliance Officer. Employees of the Department or a Compliance Officer may conduct inspections and investigations, including but not limited to youth decoy operations. All licensed premises must be open to inspection by the Department or any Compliance Officer during regular business hours.
(B) 
Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 21 years old, 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.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019; Ord. 5461 § 5, 2024; Ord. 5483 § 2, 2025)
(A) 
In addition to any other remedy authorized by law after notice and opportunity to be heard pursuant to SCCC § 5.60.110, a tobacco retailer's license may be suspended or revoked as provided in this section if the Health Officer finds that:
(1) 
The licensee or any of the licensee's agents or employees have violated any of the requirements, conditions or prohibitions of this chapter;
(2) 
The original or renewal application contained incorrect, false, or misleading information; or
(3) 
A licensee is convicted of a misdemeanor or felony violation of any Federal, State, or local tobacco retailing law or regulation including any provision of this chapter.
(B) 
During any period of suspension or revocation, the licensee:
(1) 
Shall remove all tobacco products and tobacco paraphernalia from public view. Failure to do so may be considered a subsequent violation.
(2) 
Shall not display any advertisement relating to tobacco products or tobacco paraphernalia 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. Failure to comply may be considered a subsequent violation.
(C) 
When the Health Officer finds a violation as set forth in subsection (A) of this section, the license shall be suspended or revoked as follows:
(1) 
Upon finding by the Health Officer of a first license violation, the license shall be suspended for 60 consecutive days;
(2) 
Upon finding by the Health Officer of a second license violation, the license shall be suspended for 120 consecutive days;
(3) 
Upon finding by the Health Officer of a third license violation, the license shall be suspended for 180 consecutive days;
(4) 
Upon a finding by the Health Officer of a fourth license violation within any 60-month period, the license shall be revoked and no new license shall issue for the location until five years have passed from the date of revocation.
(D) 
Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) 
The location has been fully transferred to an entirely new proprietor(s); and
(2) 
The new proprietor(s) provides the Department with clear and convincing evidence that the new proprietor(s) has acquired or is acquiring the location in an arm's length transaction. As used in this section, the term "arm's length transaction" shall mean a sale in good faith and for valuable consideration that reflects the fair market value in the open market 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.
(E) 
Violation by a licensee at one location shall not be construed as a violation at another location of the same licensee.
(F) 
A tobacco retailer's license shall be revoked if the Health Officer or designee finds that one or more of the bases for denial of a license under SCCC § 5.60.060 existed at the time the application was made or at any time before the license was issued.
(Ord. 5088 § 1, 2011; Ord. 5231 § 1, 2016; Ord. 5300 § 3, 2019; Ord. 5398 § 2, 2022)
(A) 
Upon determining the existence of any of the grounds for the denial, suspension or revocation of a license pursuant to this chapter, the Health Officer or designee shall issue to the license applicant or holder a notice of intended decision. The notice shall be provided by personal service or by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing.
(B) 
The notice of intended decision shall state all the grounds upon which the denial, revocation or suspension is based.
(C) 
The notice of intended decision shall specify the effective date of the action.
(D) 
The notice of intended decision shall advise the license applicant or holder that the suspension or revocation shall become final unless the person files a written request for administrative review within 14 calendar days of the date of service of the notice of intended decision.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019)
(A) 
A person served with a notice of determination issued pursuant to this chapter may appeal that determination by filing a request in writing with the Health Officer within 14 calendar days of service of the notice. Failure to timely file an appeal shall be deemed a waiver of the right to challenge the determination and a failure to exhaust administrative remedies. The Board of Supervisors shall provide independent contractor hearing officers to hear the appeals, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to prepare a record of the proceedings, and to issue orders with regard to violations.
(B) 
After receiving a timely written request for an appeal hearing, the hearing officer shall schedule the hearing.
(1) 
Notice of Hearing.
(a) 
Written notice of the time, date and location of a hearing before the hearing officer shall be given by personal service or by first class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the appellant.
(b) 
The notice of hearing shall also identify the hearing officer designated to conduct the hearing and advise the appellant of his or her right to submit within 10 business days of the date of the notice of hearing a written objection to the designated hearing officer. In the event of such a disqualification, a new hearing officer shall be randomly selected from the panel of alternate hearing officers established by the Board of Supervisors. Each party shall only have the right to disqualify one hearing officer for a particular matter.
(2) 
Failure to Appear. The failure to appear at the administrative hearing shall constitute an abandonment of the appeal and a failure to exhaust administrative remedies.
(3) 
Hearing Procedures.
(a) 
Requirements for Taking Testimony. In any proceeding before a hearing officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the hearing officer, their clerk, or other designee have the power to administer oaths and affirmations and to certify to official acts. Oaths of witnesses may be given individually or to a group. Witnesses shall be asked to raise their right hands and to swear or affirm that the testimony they shall give will be the truth, the whole truth, and nothing but the truth.
(b) 
Continuances. The hearing officer may continue the hearing as determined appropriate by the hearing officer.
(c) 
Burden of Proof. At the administrative hearing, the Health Officer has the burden of proving by a preponderance of the evidence that the alleged violation occurred.
(d) 
Administrative Interpretations. In conducting the hearing, the hearing officer shall consider the previously established interpretation of an ordinance provision by the Department charged with its enforcement unless that interpretation is shown to be clearly erroneous or unauthorized.
(e) 
Written Decision. Within 10 calendar days after the close of the hearing, the hearing officer shall issue a written decision on the appeal, including a statement of the basis for the decision. The hearing officer's written decision shall constitute the final administrative decision of the County.
(C) 
Civil Action. In the event a civil action is initiated to obtain enforcement of the decision of the hearing officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the County's total costs of enforcement, including reasonable attorney's fees.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019; Ord. 5398 § 3, 2022)
(A) 
In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Health Officer finds based on a preponderance of evidence, after notice and an opportunity to be heard pursuant to SCCC § 5.60.110, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailing license as follows:
(1) 
After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until 60 days have passed from the date of the violation.
(2) 
After a second violation of this section at a location within any 60-month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until 180 days have passed from the date of the violation.
(3) 
After a third or subsequent violation of this section at a location within any 60-month period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length transaction) until five years have passed from the date of the violation.
(B) 
Any person subject to a penalty imposed under this section may appeal the determination within 14 calendar days of service of the notice of the decision. The request must be made to the Health Officer in writing. An appeal hearing shall be held pursuant to the provisions of SCCC § 5.60.120.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019)
For a first or second alleged violation of this chapter within any 60-month period, the Health Officer may allow a tobacco retailer alleged to have violated this chapter to stipulate to the penalties provided in this section in lieu of the penalties that would otherwise apply under this chapter and to forgo a hearing on the allegations. Notice of any stipulation shall be provided to the Sheriff's Office and no hearing shall be held. Stipulations shall not be confidential and shall contain the following terms plus any other noncriminal provisions established by the Health Officer in the interests of justice:
(A) 
After a first alleged violation of this chapter at a location:
(1) 
An agreement to stop acting as a tobacco retailer for five consecutive days;
(2) 
An administrative penalty of $5,000; and
(3) 
An admission that the violation occurred and a stipulation that the violation will be considered in determining the penalty for any future violation.
(B) 
After a second alleged violation of this chapter at a location within any 60-month period:
(1) 
An agreement to stop acting as a tobacco retailer for 10 consecutive days;
(2) 
An administrative penalty of at least $10,000; and
(3) 
An admission that the violation occurred and a stipulation that the violation will be considered in determining the penalty for any future violations.
(Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019; Ord. 5398 § 4, 2022)
(A) 
For the purpose of this section, the following words and terms shall have the following meaning:
(1) 
"Tobacco store"
means a tobacco retailer that primarily sells tobacco products and generates at least 60 percent of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia.
(2) 
"Valid identification"
means a document issued by a Federal, State, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license or an identification card issued to a member of the Armed Forces, which contains the name, date of birth, description, and photograph of the person.
(B) 
A tobacco store shall not allow any person younger than 21 years of age to be present or enter the premises of the tobacco store at any time unless accompanied by a person who is at least 21 years of age.
(C) 
A tobacco store shall allow a person to enter the premises of the tobacco store only after confirming the person's age by inspecting a valid identification provided by the person.
(D) 
A tobacco store shall display a printed warning sign at or near each public entrance to the premises of the tobacco store in a manner conspicuous to persons from the exterior of the premises, and where the sign(s) are unobstructed in their entirety. The sign(s) shall contain the following words with initial letters capitalized in the following manner:
Persons Under 21 Years of Age Prohibited.
The sign(s) required by this subsection shall have a minimum height of 14 inches and width of 11 inches; each letter shall be at least one-half inch high; and the text shall be printed in ink that is of high contrast from the color of the background material.
(E) 
Nothing in this section shall be interpreted to render inapplicable, supersede, or apply in lieu of the signage requirements established in California Business and Professions Code Section 22952.
(F) 
A tobacco store shall not sell food or alcohol for consumption on the premises of the tobacco store.
(G) 
Upon request by the department, the proprietor(s) of a tobacco store shall provide financial records documenting its total gross revenues and gross revenues from the sale of tobacco products and tobacco paraphernalia.
(H) 
The Board of Supervisors of the County of Santa Cruz does not intend and nothing in this chapter shall be interpreted to penalize a person under 21 years of age from being present, entering, or attempting to enter the premises of a tobacco store.
(Ord. 5300 § 3, 2019; Ord. 5398 § 5, 2022)
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.
(Formerly 5.60.150; Ord. 5088 § 1, 2011; Ord. 5300 § 3, 2019)