A. Tobacco Retailer’s License Required. It shall be unlawful for any person to engage in tobacco retailing in the City without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license 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 accessories, or tobacco retailing.

C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.

D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product or tobacco accessories to another person who is 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.

G. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

H. On-Site Sales. All sales of tobacco products shall be conducted in person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the City.

I. Drug Paraphernalia. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license 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 regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7, as that section may be amended from time to time.

J. Minimum Employee Age. Individuals employed by a person licensed under this chapter must be at least 18 years of age to sell tobacco, tobacco-related devices, electronic delivery devices, or other nicotine delivery products. (Ord. 1131, 2020)