A. License Required. No person shall operate as a Tobacco Retailer or engage in Tobacco Retailing without first obtaining and maintaining a valid Tobacco Retailer License, pursuant to this Chapter, for each Tobacco Retail Establishment.
B. Display of License. Each Tobacco Retailer license shall be conspicuously displayed at all times in a publicly visible location within the licensed Tobacco Retail Establishment.
C. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited.
D. Sale of Flavored Tobacco Products Prohibited.
1. 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.
2. 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.
3. 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 Product’s 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.
a. A Hookah Lounge meeting these requirements shall be considered a legal nonconforming use and subject to the nonconforming use provisions set forth in Title 17 of this Code.
b. In the event a Hookah Lounge changes ownership or control, in any manner, including any change to any interest in any type of business entity, the exemption granted by this § 11.15.015.D. shall no longer apply.
5. Any Tobacco Store that has a valid Tobacco Retailer License as of October 14, 2019 shall comply with the provisions of this § 11.15.015.D. on or before November 27, 2020.
E. Positive Identification Required. No Tobacco Retailer shall Sell or transfer tobacco, a Tobacco Product or Tobacco Paraphernalia, to another Person who appears to be 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 under state law to purchase and possess the tobacco, Tobacco Product or Tobacco Paraphernalia.
F. Restrictions on Persons Selling. No Tobacco Retailer shall permit any person who is younger than the minimum age established by state law for the purchase or possession of tobacco, Tobacco Products or Tobacco Paraphernalia, to participate in the sale of tobacco, Tobacco Products or Tobacco Paraphernalia.
G. False and Misleading Advertising Prohibited. A Tobacco Retailer without a valid Tobacco Retail 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,Tobacco Products and Tobacco Paraphernalia out of public view. The public display of tobacco, Tobacco Products and Tobacco Paraphernalia in violation of § 11.15.015.F.1. shall constitute Tobacco Retailing without a Tobacco Retail License and a violation of § 11.15.015.A. of this Chapter.
2. Shall not display any advertisement relating to tobacco, Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retail Establishment, or that could lead a reasonable Consumer to believe such products can be obtained at the Tobacco Retail Establishment, without the Tobacco Retailer first obtaining and maintaining a valid Tobacco Retailer License, pursuant to this Chapter, for each Tobacco Retail Establishment at which the advertisement is displayed.
H. On-Site Sales. The Sale of tobacco, Tobacco Products or Tobacco Paraphernalia from other than a Tobacco Retail Establishment, including but not limited to, Tobacco Retailing by persons on foot or from vehicles, is prohibited, and no Tobacco Retailer License shall be issued under this Chapter for any such activity. All Sales of Tobacco Products and Tobacco Paraphernalia to Consumers shall be conducted in-person at a Tobacco Retail Establishment. It shall be a violation of § 11.15.015
.H. for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to Deliver Tobacco Products or Tobacco Paraphernalia to any Person that intends to Deliver the Tobacco Product or Tobacco Paraphernalia to a Consumer in the City. For purposes of this Subsection, DELIVER means the commercial transfer of Tobacco Products or Tobacco Paraphernalia to a Consumer at a location not licensed pursuant to this Chapter.
I. Lawful Business Operation. In the course of Tobacco Retailing or in the operation and maintenance of the Tobacco Retail Establishment, it shall be a violation of this Chapter for a Tobacco Retailer 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.
J. Application of State and Federal Law. Nothing in this Chapter shall be construed to grant any person obtaining and maintaining a Tobacco Retailer License any status or right other than the right to act as a Tobacco Retailer at the licensed Tobacco Retail Establishment in the City. Nothing in this Chapter is intended to be construed to render inapplicable, supersede, or affect any other provision of applicable state or federal law.
(Ord. No. 2009-006 § 1 (part); Ord. No. 2019-013 § 3)