Loading...
A. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to:
1. Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing;
2. Violate any local, state, or federal law regulating exterior, storefront, window, or door signage.
B. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly-visible location at the licensed location.
C. Minimum Age for Person Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing.
(Ord. 365, § 9, 2006)
A. The city may monitor compliance with this chapter using city staff, or the city manager may designate the Riverside County Health and Human Services Department or another agency to perform these functions under agreement with that agency. Any peace officer may enforce the penal provisions of this chapter.
B. The city, or the city managers designee as described in subsection A. above, shall endeavor to check the compliance of each tobacco retailer at least three times per 12-month period. Nothing in this division shall create a right of action in any licensee or other person against the department or its agents.
C. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
D. The city, or the city managers designee as described in subsection A. above, shall not enforce any law establishing a minimum age for tobacco purchases or possession against any 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 a compliance check supervised by a peace officer or a code enforcement official of the city; or
2. The youth decoy is participating in a compliance check funded, in part, either directly or indirectly through subcontracting, by the city or the County Department of Health and Human Services, or funded, in part, either directly or indirectly, through subcontracting, by the California Department of Health Services.
(Ord. 365 § 10, 2006)
A. Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the city, using city staff, or the Riverside County Hearing Officer, if so designated by the city manager per an agreement with the Riverside County Health and Human Services Department, finds, after the licensee is afforded notice, as described in Sections 1.04.120 through 1.04.130 of this code, and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions of prohibitions of this chapter or, in a different legal proceeding, has pleaded guilty, "no contest," or its equivalent, or admitted to a violation of any law designated in Section 5.24.080 of this chapter.
B. New License After Revocation.
1. After revocation for a first violation of this chapter at a location within any 60-month period, no new license may be issued for the location until ten days have passed from the date of revocation.
2. After revocation for a second violation of this chapter at a location within any 60-month period, no new license may be issued for the location until 30 days have passed from the date of revocation.
3. After revocation for a third violation of this chapter at a location within any 60-month period, no new license may be issued for the location until 90 days have passed from the date of revocation.
4. After revocation for a fourth or subsequent violation of this chapter at a location within any 60-month period, no new license may be issued for the location until five years have passed from the date of revocation.
C. Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded a reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.24.050 existed at the time application was made or at any time before the license was issued. The decision by the department shall be the final decision of the city. The revocation shall be without prejudice to the filing of a new license application.
(Ord. 365 § 11, 2006)
In addition to any other penalty authorized by law, if the department finds or any court of competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply for or be issued a tobacco retailing license for that location as follows:
A. After a first violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until 30 days have passed from the date of the violation.
B. After a second violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until 90 days have passed from the date of the violation.
C. After a third or subsequent violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until five years have passed from the date of the violation.
(Ord. 365 § 12, 2006)
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or equity:
A. Whenever evidence of a violation of this chapter is obtained, in part, through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter, and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
B. Violations of this chapter are subject to a civil action brought by the city attorney, or, if designated by the city manager, the county counsel, punishable by:
1. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for a first violation in any 60-month period; or
2. A fine not less than one thousand dollars ($1,000) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any 60-month period; or
3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any 60-month period.
C. Violations of this chapter may, in the discretion of the city attorney or, if so designated by the city manager, cocnty Counsel, be prosecuted as infractions or misdemeanors.
D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
E. Violations of this chapter are hereby declared to be public nuisances.
F. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney or, in the discretion of the city manager, the county counsel, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(Ord. 365 § 13, 2006)
For a first or second alleged violation of this chapter within any 60-month period, the city attorney or, if so designated by the city manager, county counsel, may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the city council. Notice of any settlement shall be provided to the department and no hearing shall be held. Settlements shall not be confidential and shall contain the following minimum terms:
A. After a first alleged violation of this chapter at a location within any 60-month period:
1. An agreement to stop acting as a tobacco retailer for at least one day;
2. A settlement payment to the city of at least one thousand dollars ($1,000); and
3. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
B. After a second alleged violation of this chapter at a location within any 60-month period:
1. An agreement to stop acting as a tobacco retailer for at least ten days;
2. A settlement payment to the city of at least five thousand dollars ($5,000); and
3. An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.
(Ord. 365 § 14, 2006)
If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or applications of the provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are hereby declared to be severable.
(Ord. 365 § 15, 2006)