(a) Any violation of this chapter is hereby declared to be a public nuisance.
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
(c) Whenever evidence of a violation of this chapter is obtained in any part through the participation of an individual under the age of twenty-one years old, such an individual shall not be required over their objection 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.
(d) Violations of this chapter may be remedied by a legal action brought by the County of Santa Clara Office of the County Counsel pursuant to Division A1 of the Ordinance Code of the County of Santa Clara. For the purposes of the civil remedies provided in this chapter, each day on which a product is offered for sale in violation of this chapter, and each individual retail product that is sold or distributed in violation of this chapter, shall constitute a separate violation of this chapter.
(e) Impoundment.
(1) Based upon inspection findings or other evidence, the department may impound tobacco products that are suspected of being or found to be offered for sale or distribution in violation of this chapter. The department may affix a label to the product that shall be removed only by the department following final written determination by the department as described below.
(2) No impounded tobacco products shall be used, removed, disposed, or offered for sale unless the impoundment has been released. The decision by the department may be appealed pursuant to the procedures set forth in Section 4.64.150.
(3) Within thirty days of final determination whether the impounded products are authorized for sale under this chapter, the department shall release the impounded materials or order that unauthorized, impounded product shall be destroyed and properly disposed of at the cost of the retailer.
(f) Seizure. Tobacco products offered for sale in violation of this chapter are subject to seizure by the department and shall be forfeited after the retailer of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this chapter. The decision by the department may be appealed pursuant to the procedures set forth in Section 4.64.150. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the retailer after all internal appeals have been exhausted and after the time in which to seek judicial review pursuant to Section 4.64.150 of this chapter has expired.
(g) All retailers are responsible for the actions of their employees relating to compliance with this chapter. The sale, offer to sell, or furnishing of any tobacco products by an employee shall be considered an act of the retailer.
(h) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 5633 § 2 (part), 2024: Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)