(a) No permit may be issued to authorize retailing at or from other than a fixed location. For example, retailing by persons on foot or from vehicles is prohibited.
(b) No permit may be issued to authorize retailing at a temporary or recurring temporary event. For example, retailing at flea markets and farmers' markets is prohibited.
(c) No permit may be issued to authorize retailing at any location where the profession of pharmacy is practiced by a pharmacist licensed by the state in accordance with the Business and Professions Code and where prescription drugs are offered for sale.
(d) No permit may be issued to authorize retailing at any location within 1,000 feet of a school, as measured by a straight line between any point along the property line of any parcel on which a school is located and any point along the perimeter of the permit applicant's proposed business location; provided, however, that the prohibition contained in this subsection (d) shall not apply to the following:
(1) Any retailer of tobacco products (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the retailer obtains a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060, and timely renews its permit pursuant to Section 4.64.070(b);
(2) Any retailer of electronic smoking devices (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the retailer obtains a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060, and timely renews its permit pursuant to Section 4.64.070(b); however, any such retailer is subject to the prohibition on the sale and distribution of electronic cigarette products established in Section 4.64.030(l); and
(3) Any lawfully operating retailer of tobacco products that would otherwise become ineligible to receive or renew a permit due to the creation or relocation of a school.
(e) No permit may be issued to authorize retailing at a location which is within 500 feet of a location occupied by another retailer, as measured by a straight line between any point along the perimeter of an existing retailer's business location and any point along the perimeter of the permit applicant's proposed business location; provided, however, that the prohibition contained in this subsection (e) shall not apply to:
(1) Any retailer of tobacco products (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the retailer obtains a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060, and timely renews its permit pursuant to Section 4.64.070(b); and
(2) Any retailer of electronic smoking devices (as such term was defined in the predecessor Ordinance No. 5418) operating lawfully on June 30, 2018 provided that the retailer obtains a permit prior to July 1, 2020 pursuant to Sections 4.64.050 and 4.64.060, and timely renews its permit pursuant to Section 4.64.070(b); however, any such retailer is subject to the prohibition on the sale and distribution of electronic cigarette products established in Section 4.64.030(l).
(f) Any exemption granted to a retailer pursuant to subsections (d) and (e) shall cease to apply upon the earlier of the following to occur:
(1) The retailer fails to timely renew the permit pursuant to Section 4.64.070(b).
(2) A new person obtains ownership in the business.
(Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)