(a) Permit required. It shall be unlawful for any person to act as a retailer without first obtaining and maintaining a permit pursuant to this chapter for each location at which retailing occurs.
(b) Lawful business operation. It shall be a violation of this chapter for any retailer to violate any local, state, or federal law applicable to tobacco products or the retailing of such tobacco products.
(c) Display of permit. Each permit shall be prominently displayed in a publicly visible place at the location identified in the permit.
(d) Notice of minimum age for purchase of tobacco products. Retailers shall post conspicuously, at each point of purchase, a notice stating that selling tobacco products to anyone under twenty-one years of age is illegal and subject to penalties. Such notice shall be subject to the approval of the public health department.
(e) Positive identification required. No retailer shall sell or distribute a tobacco product to another individual who appears to be under thirty years of age without first examining the individual's identification to confirm that the individual is at least the minimum age required under state law to purchase and possess the tobacco product.
(f) Minimum age for individuals selling tobacco products. No individual who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in retailing.
(g) False and misleading advertising prohibited. A retailer without a permit:
(1) Shall keep all tobacco products out of public view.
(2) Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the retailer's location or that could lead a reasonable consumer to believe that tobacco products can be obtained at that location.
(h) Limitation on storefront advertising. No more than fifteen percent of the square footage of the windows and clear doors of a physical storefront used for retailing tobacco products shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement of this subsection (h) shall not apply to an establishment where there are no windows or clear doors, or where existing windows are located only at a height that precludes a view of the interior of the premises by an individual standing outside the premises.
(i) Flavored tobacco products.
(1) Except as permitted in paragraph (3) of this subsection (i), no retailer shall sell a tobacco product containing, as a constituent or additive, an artificial or natural flavor or aroma (other than tobacco) or an herb or spice, including but not limited to strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, mint, menthol, or coffee, that is a characterizing flavor or aroma of the tobacco product, smoke, or vapor produced by the tobacco product.
(2) A tobacco product shall be subject to a rebuttable presumption that the product is prohibited by paragraph (1) of this subsection if:
(i) The product's manufacturer or any other person associated with the manufacture or sale of tobacco products makes or disseminates public statements or claims to the effect that the product has or produces a characterizing flavor or aroma, other than tobacco; or
(ii) The product's label, labeling, or packaging includes a statement or claim–including any text and/or images used to communicate information–that the product has or produces a characterizing flavor or aroma, other than tobacco.
(3) Except as provided in paragraph (4) of this subsection (i), paragraph (1) of this subsection (i) shall not apply to any retailer that meets all the following criteria:
(i) Primarily sells tobacco products;
(ii) Generates more than sixty percent of its gross revenues annually from the sale of tobacco products;
(iii) Does not permit any individual under twenty-one years of age to be present or enter the premises at any time, unless accompanied by the individual's parent or legal guardian, as defined in Section 6903 of the Family Code;
(iv) Does not sell alcoholic beverages or food for consumption on the premises; and
(v) Posts a sign outside the retail location that clearly, sufficiently, and conspicuously informs the public that individuals under twenty-one years of age are prohibited from entering the premises.
(4) No retailer that is issued a new permit after September 2, 2020 shall sell or distribute flavored tobacco products under paragraph (3) of this subsection (i) after permit issuance. No retailer that receives a permit renewal after September 2, 2020 shall sell or distribute flavored tobacco products under paragraph (3) of this subsection (i) after permit renewal. Regardless of the date of permit issuance or renewal, no retailer shall sell or distribute flavored tobacco products after September 2, 2020.
(j) Vending machines prohibited. No tobacco product shall be sold or distributed to the public from a vending machine or appliance, or any other coin or token operated mechanical device designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.
(k) Prohibition on sale or distribution of tobacco products to individuals under twenty- one. No retailer shall sell or distribute any tobacco product to any individual who is under twenty-one years of age.
(l) Prohibition on sale or distribution of electronic cigarette products. No retailer that is issued a new permit after September 2, 2020 shall sell or distribute electronic cigarette products after permit issuance. No retailer that receives a permit renewal after September 2, 2020 shall sell or distribute electronic cigarette products after permit renewal. Regardless of the date of permit issuance or renewal, no retailer shall sell or distribute electronic cigarette products after September 2, 2020.
(Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)