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(A) Tobacco retailer's license required. It shall be unlawful for any person to act as a tobacco retailer in the town without first obtaining and maintaining a valid tobacco retailer's license pursuant to this article for each location at which that activity 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 is issued, it shall be a violation of this section for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products or paraphernalia, electronic smoking devices or 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) Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product, electronic smoking device or electronic smoking device 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 product, tobacco paraphernalia, electronic smoking device or electronic smoking device paraphernalia (i.e., 21 years old, or active duty military personnel who are 18 years of age or older with a US Armed Forces identification card).
(E) Minimum age for persons selling tobacco. No person who is younger than the age of 18 shall engage in tobacco retailing.
(F) Self-service displays prohibited. Tobacco retailing by means of a self-service display or self-service merchandizing, or by any means other than vendor-assisted sales, is prohibited. No tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any electronic smoking device vending machine or tobacco vending machine for the purpose of selling or distributing any electronic smoking device or any tobacco product.
(G) 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 out of public view. The public display of tobacco products in violation of this provision shall constitute tobacco retailing without a license under § 8.44.300; and
(2) Shall not display any advertisement relating to tobacco products 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.
(H) Flavored tobacco products.
(1) The sale or distribution by a tobacco retailer of any flavored tobacco product is prohibited.
(2) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, and/or images on the product’s labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.
(3) The Town Manager, or his or her designee, may adopt rules, regulations, or guidelines for the implementation and enforcement of this § 8.44.210(H).
(I) Minimum pack size for cigars. Notwithstanding any other provision of this section, it shall be a violation of this subsection for any licensee or any of the licensee's agents or employees to sell, offer for sale, or exchange for any form of consideration:
(1) Any single cigar, whether or not packaged for individual sale;
(2) Any number of cigars fewer than the number contained in the manufacturer's original consumer packaging designed for retail sale to a consumer; or
(3) Any package of cigars containing fewer than five cigars.
This subsection (I) does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds $5.
(J) Pharmacies cannot sell tobacco products. No license may be issued to authorize tobacco retailing in a pharmacy.
(K) Signage requirements.
(1) A tobacco retailer shall post plainly visible signs at the point of purchase of tobacco products which comply with the signage requirements of Cal. Bus. and Prof. Code § 22952, as amended from time to time.
(2) A tobacco retailer shall post signs at each entrance to any premises on which any tobacco product is offered for sale, plainly visible from outside the premises, which state "Warning: The fine for buying tobacco products or electronic cigarettes for anyone under 21 is $200-$1,000, with the exception of active duty military personnel aged 18 years or older with a US Armed Forces identification card" in letters at least one-half inch tall, and which cite Cal. Penal Code § 308(a). These signs shall be updated to conform to any subsequent state or federal requirements and/or amendments to Cal. Penal Code § 308(a).
(L) Sampling and distribution of sampling packages of tobacco products, tobacco paraphernalia, electronic smoking devices, and electronic smoking device paraphernalia is not permitted.
(Ord. 814, passed 12-6-2017; Am. Ord. 836, passed 9-4-2019)