Loading...
(A) Renewal of license. A tobacco retailer's license is invalid if the appropriate license fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one calendar year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than November 30 of each year.
(B) Expiration of license. A tobacco retailer's license that is not timely renewed shall expire on December 31 of each year. To renew a license not timely renewed pursuant to subparagraph (A), above, the proprietor must:
(1) Submit the license fee and the renewal form; and
(2) Submit a signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
(A) A tobacco retailer's license may not be transferred from one location to another.
(B) A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s).
(C) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless the new proprietor(s) provide the department with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
Nothing in this article shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the town identified on the face of the license. For example, nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code including, without limitation, the zoning ordinance and building codes, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Labor Code § 6404.5. For example, obtaining a tobacco retailer's license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of Cal. Labor Code § 6404.5.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the Town Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this article, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this article. Fees are nonrefundable except as may be required by law.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
(A) Compliance with this article shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this article. The department may designate any number of additional persons to monitor compliance with this article.
(B) The department will work with Marin County Tobacco Program to inspect each tobacco retailer at least one time per 12-month period. Nothing in this paragraph shall create a right of action in any licensee or other person against the Town or its agents.
(C) The department shall not enforce any law establishing a minimum age for tobacco purchases or possession against a minor person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
(1) The youth decoy is participating in an inspection supervised by a peace officer, code enforcement official, or the person designated by the town to monitor compliance with this article;
(2) The youth decoy is acting as an agent of a person designated by the town to monitor compliance with this article; or
(3) The youth decoy is participating in an inspection funded in part, either directly or indirectly through subcontracting, by the County of Marin Department of Health and Human Services or the California Department of Health Services.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
Loading...