Skip to code content (skip section selection)
Compare to:
Loading...
SEC. 46.90. DEFINITIONS.
   (Amended by Ord. No. 187,525, Eff. 7/16/22.)
 
   (a)   Arm’s-Length Transaction” shall mean a Sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction, a Sale between relatives, related entities or partners, or a Sale for which a significant purpose is avoiding the effect of a violation of this article is not an Arm’s-Length Transaction.
 
   (b)   “Delivery Sale” shall mean the Sale of any Tobacco Product to any person for personal consumption and not for resale when the Sale is conducted by any means other than an in-person, over-the-counter Sale from a Tobacco Retailer in a licensed location. Delivery Sale includes the Sale of any Tobacco Product when the Sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery Sale includes delivery by a licensee or third party by any means, including curbside pickup.
 
   (c)   “Electronic Smoking Device” shall mean any device that may be used to deliver any aerosolized or vaporized substances to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. Electronic Smoking Device includes any component part of or accessory to the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
 
   (d)   “Flavored Tobacco Product” shall mean any Tobacco Product that imparts a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a Tobacco Product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. A public statement or claim made or disseminated by the Tobacco Retailer or manufacturer of a Tobacco Product, or by any person authorized or permitted by the Tobacco Retailer or manufacturer to make or disseminate public statements concerning such Tobacco Product, that such Tobacco Product imparts a taste or smell other than tobacco shall constitute presumptive evidence that a Tobacco Product is a Flavored Tobacco Product.
 
   (e)   “Hookah Lounge” shall mean a business establishment that qualifies as a smokers’ lounge, as defined in California Labor Code Section 6404.5(e) and in which the entire premises is dedicated exclusively to the Smoking of Shisha or Shisha Tobacco. To qualify as a Hookah Lounge, the business establishment must be in compliance with all of the limitations in Section 46.90.2 of this Code and be in possession of a valid Tobacco Retailer’s Permit, pursuant to Section 46.91 of this Code. A business establishment is not eligible to be a Hookah Lounge if it:
 
   (1)   Has a license, or engages in activity for which it should have a license, issued by the California Department of Alcohol and Beverage Control (ABC) to sell alcohol; or
 
   (2)   Has a permit, or engages in activity for which it should have a Public Health Food Facility Permit, issued by the Los Angeles County Department of Public Health.
 
   (f)   “Hookah Pipe” shall mean a water pipe or other pipe used to smoke Shisha or Shisha Tobacco, which typically has a head, a metal body, a water bowl, and a flexible hose with a mouthpiece that a person puts into their mouth to inhale smoke.
 
   (g)   “Proprietor” shall mean a person with ownership or managerial interest in a Tobacco Retailing business. An ownership interest shall be deemed to exist when a person has 10 percent or greater interest in the stock, assets or income of a Tobacco Retailing business. A managerial interest shall be deemed to exist when a person can, does, has or shares in the ultimate control over the day-to-day operations of the Tobacco Retailing business.
 
   (h)   “Sale”, “Sell”, or “Sells” shall mean any transaction where, for any consideration, ownership of a Tobacco Product is transferred from one person to another, including, but not limited to, any transfer or title or possession for consideration, exchange, or barter, in any manner or by any means.
 
   (i)   “Shisha”, “Shisha Tobacco”, “Shisha Tobacco Product”, or “Shisha Tobacco Products” shall include any Tobacco Product or substance only capable of being smoked in a Hookah Pipe whether or not labeled by the manufacturer as hookah tobacco, Shisha, water pipe tobacco, maasel, narghile, or argileh. Shisha Tobacco does not include any Tobacco Product used or capable of use in an Electronic Smoking Device such as, but not limited to, an electronic Hookah Pipe.
 
   (j)   “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, or other plant, whether natural or synthetic, that is intended for inhalation. Smoking includes using an Electronic Smoking Device.
 
   (k)   “Tobacco Product” or “Tobacco Products” shall mean:
 
   (1)   Any product or products containing, made of, or derived from tobacco or nicotine whether natural or synthetic that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any means, including, but not limited to, a cigarette, a cigar, or a pipe and also includes chewing tobacco, snuff, or snus;
 
   (2)   Any substance intended for Smoking in a Hookah Pipe and marketed or labeled as a synthetic or non-tobacco Shisha Product whether or not the product contains nicotine;
 
   (3)   Any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
 
   (4)   Any ancillary item, component, part, or accessory of Subsections (k)(1), (k)(2), or (k)(3) hereof, whether or not the ancillary item, component, part, or accessory contains tobacco or nicotine, including, but not limited to, a filter, rolling paper, blunt or hemp wrap, tobacco pipe, or mouthpiece.
 
   Tobacco Product does not mean a drug, device, or combination product for cessation that is authorized for Sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. Tobacco Product also does not mean a cannabis product as defined by Health and Safety Code Section 11018.1 or cannabis as defined by Business and Professions Code Section 26001, as these laws may be amended from time to time.
 
   (l)   “Tobacco Retailer” shall mean any person or Proprietor who Sells, offers for Sale, or exchanges or offers to exchange a Tobacco Product to consumers for any form of consideration. “Tobacco Retailing” shall mean engaging in any of the above activities. The definitions here are without regard to the quantity of Tobacco Product sold, offered for Sale, exchanged, or offered for exchange and without regard to whether the Sale is wholesale or retail.
 
 
SEC. 46.90.1. FLAVORED TOBACCO SALES PROHIBITED.
   (Added by Ord. No. 187,525, Eff. 7/16/22.)
 
   (a)   Pursuant to Section 46.91, Tobacco Products may only be sold at a location that has been issued a City Tobacco Retailer’s Permit. It shall be unlawful to Sell or offer for Sale, or possess with the intent to Sell, any Flavored Tobacco Product at a permitted Tobacco Retailing location.
 
   (b)   Exceptions: The Sale of Shisha, Shisha Tobacco and Shisha Tobacco Products, which qualify as Flavored Tobacco Products, is permissible at any Hookah Lounge with a valid Tobacco Retailer’s Permit that was issued pursuant to Section 46.91 of this Code on or before the effective date of this section. Such Sale is also permissible in a Bar, as defined in Section 41.50 A.1. of this Code, provided that: (1) the Bar has a valid Tobacco Retailer’s Permit that was issued pursuant to Section 46.91 of this Code on or before the effective date of this section; (2) the Bar has an adjacent unenclosed outdoor space dedicated to the Smoking of Shisha or Shisha Tobacco; and (3) no Smoking is allowed inside of the Bar. An unenclosed outdoor space is one in which there is a complete absence of the entire ceiling or at least one wall. An opening in the ceiling or a wall of the outdoor space is not considered a complete absence.
 
   (c)   This section shall be operative on January 1, 2023.
 
 
SEC. 46.90.2. HOOKAH LOUNGE.
   (Added by Ord. No. 187,525, Eff. 7/16/22.)
 
   It shall be unlawful for any Hookah Lounge to engage in, conduct, or carry on, in or upon any premises within the City, the business of Selling Shisha Tobacco, unless the following conditions are met:
 
   (a)   The Hookah Lounge has a valid Tobacco Retailer’s Permit, pursuant to Section 46.91 of this Code;
 
   (b)   Entry is prohibited to anyone under the age of 21 years;
 
   (c)   A sign is posted at each entrance reading “No one under the age of 21 years is allowed on these premises”;
 
   (d)   No person who is obviously intoxicated or under the influence of any intoxicating drug or beverage shall be permitted entry;
 
   (e)   The Hookah Lounge must have a stand- alone ventilation system that is not shared with any other business or any other portion of the building in which the Hookah Lounge is located; and
 
   (f)   The Hookah Lounge shall be in compliance with all City, state, and federal laws.
 
 
SEC. 46.91. TOBACCO RETAILER’S PERMIT REQUIRED.
   (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.
 
 
SEC. 46.92. APPLICATION PROCEDURE.
   (Amended by Ord. No. 187,525, Eff. 7/16/22.)
 
   (a)   An application for a Tobacco Retailer’s Permit shall be submitted to the Office of Finance by any Proprietor of a business seeking a Tobacco Retailer’s Permit. Each applicant shall be responsible for reviewing the conditions of conducting Tobacco Retailing Sales within the City of Los Angeles and shall agree to abide by the conditions by signing the application under penalty of perjury. Every application shall be submitted on a form supplied by the City and shall contain the following information:
 
   (1)   The business name, address, and telephone number of the location for which the Tobacco Retailer’s Permit is sought, as well as any website address, Uniform Resource Locator (URL), or social media account of the business;
 
   (2)   The name, mailing address, telephone number, and email address of every Proprietor and any person authorized to receive communications and notices required by or authorized by this article. If incomplete information is supplied, each Proprietor shall be deemed to consent to the provision of notice at the business address provided on the application for the Tobacco Retailer’s Permit; and
 
   (3)   Such other information as the City Attorney deems necessary for implementation and enforcement of this ordinance.
 
   (b)   A Tobacco Retailer’s Permit must be obtained prior to the retail or wholesale Sale of any Tobacco Product. A new Tobacco Retailer’s Permit must be obtained upon change of ownership or upon change of form of ownership prior to the retail or wholesale Sale of any Tobacco Product, including, but not limited to, a Proprietor becoming a corporation.
 
 
SEC. 46.93. ISSUANCE OF PERMIT.
   (Amended by Ord. No. 187,525, Eff. 7/16/22.)
 
   (a)   The Tobacco Retailer’s Permit shall state the following on its face:
 
   (1)   The name, address, telephone number, and email address for each Proprietor;
 
   (2)   Doing Business As (D.B.A.);
 
   (3)   Los Angeles Municipal Code section regulating Tobacco Retailer’s Permits;
 
   (4)   Business address and mailing addresses;
 
   (5)   Date permit was issued and permit expiration date; and
 
   (6)   Account number.
 
   (b)   Upon the receipt of an application for a Tobacco Retailer’s Permit and fee payment, the Office of Finance shall issue a Tobacco Retailer’s Permit, unless the City Attorney demonstrates one of the following bases for denial:
 
   (1)   The application is incomplete or inaccurate;
 
   (2)   The application seeks authorization for Tobacco Retailing at a location for which a suspension or revocation is in effect or pending pursuant to Section 46.99;
 
   (3)   The application seeks authorization for Tobacco Retailing that is unlawful pursuant to any section of this article or any federal, state, or local law; or
 
   (4)   Any other suitable reason the granting of a Tobacco Retailer’s Permit to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this article and other laws relating to the Sale of Tobacco Products.
 
   (c)   A Tobacco Retailer’s Permit issued in error or on the basis of false or misleading information supplied by a Proprietor may be revoked.
 
   (d)   City Attorney’s Responsibilities. It shall be the responsibility of the City Attorney or the City Attorney’s designee to enforce all provisions set forth in this article, which includes, but is not limited to, the following:
 
   (1)   Investigate and prosecute Tobacco retailers or others required to obtain a Tobacco Retailer’s Permit under this article who fail to obtain and/or maintain a Tobacco Retailer’s Permit.
 
   (2)   Conduct any and all audits that may be necessary in the investigation of Tobacco retailers and any entity required to obtain a Tobacco Retailer’s Permit.
 
   (e)   Office of Finance Responsibilities. It shall be the duty of the Office of Finance to administer and process the Tobacco Retailer’s Permit application; mail renewal notices to Tobacco Retailer permittees; and deposit funds collected for each Tobacco Retailer’s Permit into the General Fund.
 
SEC. 46.94. DISPLAY OF PERMIT.
   (Amended by Ord. No. 183,819, Eff. 9/30/15.)
 
   Any Tobacco Retailer's Permit issued pursuant to this article shall be prominently displayed in public view at the location for which it is issued. A violation of this section shall be punishable as an infraction.
 
 
Loading...