(A) It shall be a violation of this chapter for any person, tobacco retailer/licensee, or its agent(s) or employee(s), to violate any federal, state, or local tobacco law or regulation, including any provision of this chapter. Each day that a violation continues is deemed to be a new and separate offense. No proof of knowledge, intent, or other mental state is required to establish a violation.
(B) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
(C) The failure of the tobacco retailer/licensee, or the applicant's agent(s) or employee(s) to allow any peace officer, the Director, or any authorized city official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulation, including any provision of this chapter, at any time the business is open for business shall constitute a violation.
(D) No tobacco retailer/licensee or its agent(s) or employee(s) may sell or offer for sale any little cigar or cigarillo unless it is sold in a package of at least 20 little cigars or cigarillos. Little cigars or cigarillos may not be sold individually or in packages of less than 20 units.
(E) Tobacco retailing by means of a self-service display is prohibited, pursuant to state law.
(F) A tobacco retail license may be issued to authorize tobacco retailing at a fixed location only. Tobacco retailing on foot or from vehicles, carts, or any other non-fixed location, is prohibited and shall be considered a violation of this chapter.
(G) No drug paraphernalia. It shall be a violation of this chapter for a tobacco retailer/licensee, or its agent(s) or employee(s) to violate any local, state or federal law regulating controlled substances or drug paraphernalia, such as, for example, Cal. Health and Safety Code §§ 11014.5, 11364.5, and 11364.7.
(Ord. 4786, passed 5-10-21)