5.08.1890 Operating requirements.
The following applicable operating requirements of this section shall be deemed conditions of any tobacco retailer permit issued pursuant to the provisions of this article, and failure to comply with every such requirement shall be grounds for suspension, revocation, and/or the imposition of administrative fines in accordance with CMC 5.08.1910:
(1) Knowledge of Applicable Laws. It is the responsibility of each permittee and proprietor to be informed of the laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer permit, and to ensure that each of the permittee’s employees and agents are informed of such laws. No person may rely on the issuance of a permit as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A permit issued contrary to this article, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to CMC 5.08.1910. Nothing in this article shall be construed to vest in any person obtaining and maintaining a tobacco retailer permit any status or right to act as a tobacco retailer in contravention of any provision of law.
(2) Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a tobacco retailer permit has been issued, it shall be a violation of this article for a permittee, or any of the permittee’s agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(3) Display of Permit. Each tobacco retailer permit shall be prominently displayed in a publicly visible location at the permitted location.
(4) Retail Sales to Persons Under 21 Prohibited. No person engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any tobacco product or tobacco paraphernalia to any person who is under the legal age of 21 years.
(a) This subsection does not apply to the retail sales of any tobacco products or tobacco paraphernalia to active duty military personnel who are 18 years of age or older if an identification card issued by the United States Armed Forces is presented to the tobacco retailer as proof of age for this purpose.
(5) Positive Identification Required. No person engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or transfer or offer to transfer any tobacco product or tobacco paraphernalia to another person who appears to be under the age of 30 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. The permittee or the permittee’s agent or employee shall refuse the sale or transfer of any tobacco product or tobacco paraphernalia to any person, who appears to be under the age of 30 years, who fails to present valid, legal photo identification prior to the sale or transfer.
(6) Minimum Age for Persons Selling Tobacco. No person who is younger than 21 years of age shall engage in tobacco retailing.
(7) Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
(8) Compliance with State-Mandated Sign Requirements. Tobacco retailers shall post and maintain all signage required by the California Labor Code, California Business and Professions Code, California Penal Code, and any other applicable federal, state, or local law.
(9) False and Misleading Advertising Prohibited. A tobacco retailer or proprietor without a current and valid tobacco retailer permit, including, but not limited to, a tobacco retailer whose permit is suspended or has been revoked:
(a) Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a permit under CMC 5.08.1820;
(i) This subsection does not relieve a tobacco retailer or proprietor from the requirement to obtain and maintain a valid tobacco retailer permit prior to engaging in tobacco retailing in the city.
(b) 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.
(10) Flavored Tobacco Products. No tobacco retailer may sell, distribute, display, or offer for sale any flavored tobacco product.
(11) Packaging and Labeling.
(a) No tobacco retailer may sell, distribute, display or offer for sale any tobacco product to any consumer unless that product is sold in the original manufacturer’s packaging intended for sale to consumers and conforms to all applicable federal labeling requirements.
(b) No tobacco retailer may sell, distribute, display or offer for sale any cigarette unless it is sold in a package that complies with California Penal Code Section 308.3 (and any subsequent amendment thereto).
(c) No tobacco retailer may sell, distribute, display or offer for sale any cigar unless it is sold in a package of at least 10 cigars. This subsection does not apply to a cigar that has a price of at least $5.00 per cigar that is sold, distributed, displayed, or offered for sale at a retail or wholesale tobacco shop as defined by California Labor Code Section 6404.5(e)(2)(B). (Ord. 695 § 1, 2018).