It shall be unlawful for any person to sell, offer for sale, give away or deliver tobacco or alternative nicotine products within one hundred feet (100') of any school, child care facility, library or business that provides any education or recreational programs for persons under the age of eighteen (18) years (i.e. tutoring, dance classes, athletic training, etc.). In the case that tobacco and alternative nicotine product retailers or distributors are greater than one hundred feet (100'), apart due to public right-of-way width, said retailers or distributors shall not occupy any storefront that faces the institution. When such a location exists and does not have a storefront that faces the institution, no signage or business identifying markers shall be installed on the facade facing such institutions. The distance of one hundred feet (100') shall be measured from the property lines of the lots or parcels on which the business locations are situated.
Tobacco or alternative nicotine product retailers and distributors whose primary business is the retail sale or distribution of tobacco or alternative nicotine products shall not be located within one thousand feet (1,000') of another such licensed tobacco or alternative nicotine product retailer or distributor as measured from the property lines of the lots or parcels on which the business locations are situated. This minimum distance requirement shall not apply to those retailers or distributors that engage in the sale or distribution of tobacco alternative nicotine products only incidental to the primary business of the retailer or distributor.
Tobacco or alternative nicotine product retailers and distributors whose primary business is the retail sale or distribution of tobacco or alternative nicotine products shall not be located on the same property, or within the same contiguous commercial center, as any business that provides any type of child specific services or programs.
(Ord. 5598, 3-15-21)