§ 123.03  REQUIREMENT FOR TOBACCO AND E-CIGARETTE RETAILER LICENSE.
   (A)   It is unlawful for any person to act as a tobacco or e-cigarette retailer without first obtaining and maintaining a valid tobacco and e-cigarette retailer's license pursuant to this chapter for each location at which that activity is to occur. No license may be issued to authorize tobacco and e-cigarette retailing at other than a fixed location. For example, tobacco and e-cigarette retailing by persons on foot and tobacco and e-cigarette retailing from vehicles are prohibited.
   (B)   The following standards are met prior to issuance of a tobacco and e-cigarette retail license: Sale of tobacco and e-cigarette products shall have 500 foot spacing from any school, or playground; and, flashing or electronic signage within view of schools, playgrounds, or residential districts shall be prohibited.
   (C)   The term of a license is one year from the date of issuance, unless earlier suspended, terminated, or revoked pursuant to § 123.12. Each tobacco and e-cigarette retailer shall apply for the renewal of his or her tobacco and e-cigarette retailer's license no later than 30 days prior to its expiration.
   (D)   Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco and e-cigarette retailer's license any status or right other than the right to act as a tobacco and e-cigarette retailer at the location in the city identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by Labor Code § 6404.5.
(Ord. 2015-018, passed 11-24-15)