(A) It shall be unlawful for any person, except for a retail tobacco store, to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s license pursuant to this chapter for each location at which that activity is to occur and to do so without a valid tobacco retailer’s license shall constitute a public nuisance. As used herein,
LICENSE shall include any required review of a license.
(B) A tobacco retailer (including the proprietor of a tobacco retailer) without a valid tobacco retailer’s license, including, for example, a revoked license:
(1) Shall keep all tobacco products and tobacco paraphernalia from public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute an “offer for sale” for the purposes of division (C) below; and
(2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of the products from the tobacco retailer’s location or that would lead a reasonable consumer to believe that the products can be obtained at the tobacco retailer’s location.
(C) Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the right to act as a tobacco retailer at the location in the city identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Cal. Labor Code § 6404.5.
(D) Applications for a tobacco retailer’s license or for an annual renewal of that license shall be submitted to the city or its designee, utilizing a form provided by the city or its designee, which application shall be in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer’s license. A license that is issued in error or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to § 5.24.100 hereof.
(E) In addition to any other penalty under this chapter, a person found to have engaged in tobacco retailing without a valid tobacco retailers license shall be ineligible to apply for or be issued a tobacco retailing license according to the following.
(1) After a first violation for a person within any 60-month period, no new license may issue for the person as a proprietor until 30 days have passed from the date of last violation.
(2) After a second violation for a person within any 60-month period, no new license may issue for the person as a proprietor until 90 days have passed from the date of last violation.
(3) After three or more violations for a person within any 60-month period, no new license may issue for the person as a proprietor until five years have passed from the date of last violation.
(4) Each day that a person engages in tobacco retailing without a valid tobacco retailers license shall constitute a separate violation.
(F) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this chapter are subject to seizure and forfeiture. Forfeited tobacco products and tobacco paraphernalia shall be destroyed.
(G) All applications or renewals shall contain the following information:
(1) The current name, address and telephone number of each proprietor;
(2) The current business name, address and telephone number of the single fixed location for which a tobacco retailer’s license is sought;
(3) The current name and mailing address authorized by each proprietor to receive all license-related communications and notices; unless a different mailing address is provided, each proprietor shall be understood to consent to the provision of notice at the business address specified above;
(4) Current proof that the location for which a tobacco retailer’s license is sought has been issued a valid state tobacco retailer’s license by the State Board of Equalization;
(5) Whether or not any proprietor is a person who has been determined to have violated this chapter or has been a proprietor at a location that has been determined to have violated this chapter and, if so, the dates and locations of all violations;
(6) For a renewal, any change in the information listed during the prior year; and
(7) Other information as the city deems necessary for the administration or enforcement of this chapter.
(Ord. 2009-65, passed - -2009)