(A) Tobacco retailer's license required. Commencing on January 1, 2022, it shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter 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) Compliance with all laws required. 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 any person, proprietor, or any of the tobacco retailer's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(C) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(D) Retail sales to persons younger than the minimum age under state law 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 products or tobacco paraphernalia to any person who is younger than the legal age, under state law, to purchase and possess tobacco products or tobacco paraphernalia.
(E) Minimum age for persons selling tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of any tobacco product or tobacco paraphernalia shall engage in tobacco retailing.
(F) Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining a valid, legal photo identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco products or tobacco paraphernalia. The tobacco retailer shall refuse sale of any tobacco products or tobacco paraphernalia to any person who appears to be under the age of 27 years, who fails to present valid, legal photo identification prior to the sale or transfer.
(G) Drug paraphernalia. It shall be a violation of this chapter for any person engaged in tobacco retailing or any of the tobacco retailer's agents or employees to violate any local, state, or federal law regulating controlled substances or drug paraphernalia, except that conduct authorized pursuant to state law shall not be a violation of this chapter.
(H) Self-service displays prohibited. No tobacco retailer shall display tobacco products or tobacco paraphernalia by means of a self-service display or engage in tobacco retailing by means of a self-service display. A tobacco retailer who chooses to display tobacco products or tobacco paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times.
(I) Windows.
(1) In the course of tobacco retailing or in the operation of a business or maintenance of a location for which a license is issued, it shall be a violation of this chapter for a proprietor, or any of the tobacco retailer's agents or employees, to cover more than 10% of the window area with window signs unless otherwise prohibited in the applicable zone, whichever is more restrictive shall apply in accordance with Chapter 23.50 of this code.
(2) All windows and doors shall be maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights-of-way or from the entrance. However,
this division shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights-of-way or from the entrance.
(J) False and misleading advertising prohibited. A tobacco retailer without a valid tobacco retailer license or a proprietor without a valid tobacco retailer license, including, for example, a person whose license has been suspended or revoked:
(1) 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 license; and
(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.
(Ord. 4786, passed 5-10-21)