(Amended by Ord. No. 187,525, Eff. 7/16/22.)
(a) It shall be a misdemeanor for any person or Proprietor within the City of Los Angeles to act as a Tobacco Retailer at a location for which a valid Tobacco Retailer’s Permit has not been issued pursuant to this article. A separate Tobacco Retailer’s Permit is required for each location at which Tobacco Retailing occurs or has occurred.
(b) No Tobacco Retailer’s Permit shall be issued for residences, newsstands, or locations where engaging in Tobacco Retailing is prohibited by federal, state, or local law. No Tobacco Retailer’s Permit shall be issued to authorize Tobacco Retailing at any place other than a fixed location. Tobacco Retailing from any non-permanent location, including from a vehicle or cart, is prohibited.
(c) All retail Sales of Tobacco Products shall be conducted in-person in the location for which the Tobacco Retailer’s Permit was issued. No Tobacco Retailer or any of the Tobacco Retailer’s agents or employees may engage in the Delivery Sale of Tobacco Products, or knowingly or recklessly Sell or provide Tobacco Products to any person who intends to engage in the Delivery Sale of the Tobacco Product in the City of Los Angeles.
(d) Notwithstanding the possession by a person, Tobacco Retailer, or Proprietor of a license from the State of California as a Tobacco Products wholesaler or distributor, any Tobacco Retailer, Proprietor or person who does business from a fixed location in the City of Los Angeles must obtain a Tobacco Retailer’s Permit pursuant to this article.
(e) No person or Proprietor engaged in Tobacco Retailing or the wholesale distribution of Tobacco Products shall sell a Tobacco Product to another person without first verifying by means of government-issued photographic identification that the recipient is at least 21 years of age.
(f) No person or Proprietor shall distribute a free or nominally priced Tobacco Product.
(g) A person or Proprietor required to have a Tobacco Retailer’s Permit under Subsection (a) or (d) hereof without a valid Tobacco Retailer’s Permit, including a person or Proprietor whose Tobacco Retailer’s Permit has been suspended or revoked, shall keep all Tobacco Products out of public view. The public display of Tobacco Products in violation of this subsection shall constitute Tobacco Retailing without a Tobacco Retailer’s Permit.
(h) A person or Proprietor required to have a Tobacco Retailer’s Permit under Subsection (a) or (d) without a valid Tobacco Retailer’s Permit, including a person or Proprietor whose Tobacco Retailer’s Permit has been suspended or revoked, shall not display any advertisement relating to a Tobacco Product that promotes the Sale or distribution of such products from the Tobacco Retailer’s permitted location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer’s permitted location.
(i) No Tobacco Retailer’s Permit shall be issued, and no existing Tobacco Retailer’s Permit may be renewed, to authorize Tobacco Retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10.
(j) Each day that a person or Proprietor Sells or offers for Sale a Tobacco Product without a valid Tobacco Retailer’s Permit shall constitute a separate violation of this section.