(Title and Section Amended by Ord. No. 187,525, Eff. 7/16/22.)
A. Definitions. For the purposes of this section, the following definitions shall apply:
1. "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.
2. "Person" shall mean any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity.
3. "Self-Service Display" shall mean the open display of Tobacco Products to which the public has access without the intervention or assistance of a store employee, including, but not limited to, a rack, shelf, or counter-top display.
4. "Tobacco Product" or "Tobacco Products" shall mean:
a. 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;
b. 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;
c. Any Electronic Smoking Device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
d. Any ancillary item, component, part, or accessory of Subsections 4.a., 4.b., or 4.c. 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.
5. "Tobacco Retailer" shall mean any person or Proprietor who Sells, offers for Sale, or exchanges or offers to exchange a Tobacco Product 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.
6. "Tobacco Store" shall mean a business establishment that is dedicated exclusively to the sale of Tobacco Products. To qualify as a Tobacco Store, the business establishment must be in compliance with all of the limitations in Subsection B. and be in possession of a valid Tobacco Retailer's Permit, pursuant to Section 46.91 of this Code.
7. "Vendor-Assisted Sale" shall mean a sale requiring a direct, face-to-face exchange between the Tobacco Retailer and the customer, in which the Tobacco Retailer or the Tobacco Retailer's employee has access to the Tobacco Product, and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased.
B. Prohibition. No Tobacco Retailer shall sell, permit to be sold, or offer for sale any Tobacco Product by means of a Self-Service Display, or by any means other than a Vendor-Assisted Sale. This prohibition shall not apply to a Tobacco Store.
C. Tobacco Store. It shall be unlawful for any Tobacco Store to have or maintain a Self-Service Display of Tobacco Products on the premises, unless the following conditions are met:
1. The Tobacco Store has a valid Tobacco Retailer's Permit, pursuant to Section 46.91 of this Code;
2. No food or beverages including alcoholic beverages are sold or offered for sale on the premises;
3. Entry is prohibited to anyone under the age of 21 years; and
4. A sign is posted at each entrance reading, "No one under the age of 21 years is allowed on these premises".
D. Penalty. Except as precluded by state or federal law, any violation of failure to comply with any requirement of this section is subject to the penalties set forth in Section 11.00 of this Code.