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(a) "Director" means the Director of Public Health or his or her designee.
(b) "Electronic Cigarette" or "E-cigarette" means any device with a heating element, a battery, or an electronic circuit that provides nicotine or other vaporized liquids to the user in a manner that simulates smoking tobacco.
(c) "Establishment" means any store, stand, booth, concession or other enterprise that engages in the retail sales of tobacco products and/or electronic cigarettes.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
(a) An establishment must have a valid tobacco sales permit obtained pursuant to Health Code Section 1009.52 to sell electronic cigarettes.
(b) The Director may enforce this section pursuant to Articles 19 et seq. of the Health Code including but not limited to Article 19H.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
(a) The use of electronic cigarettes is prohibited wherever smoking of tobacco products is prohibited by law including Articles 19 et seq. of the Health Code.
(b) The Director may enforce this section pursuant to Articles 19 et seq. of the Health Code including but not limited to the Articles prohibiting smoking in certain spaces or areas.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
(a) The sale of electronic cigarettes is prohibited wherever the sale of tobacco products is prohibited by law, including as prohibited in Articles 19 et seq. of the Health Code.
(b) The Director may enforce this section pursuant to Articles 19 et seq. of the Health Code including but not limited to Article 19J.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
In enacting and implementing this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
The Director, after a noticed public hearing, may adopt rules and regulations to carry out the provisions of this Article. Such rules and regulations shall take effect 15 days after the public hearing. Violation of any such rule or regulation may be grounds for administrative or civil action against the permittee pursuant to this Article.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
(a) Nothing in this Article shall be interpreted or applied so as to create any power, duty or obligation in conflict with, or preempted by, any Federal or State law. Even if not preempted by Federal or State law, the provisions of this Article shall not apply if the Federal or State law is more restrictive.
(b) This Article shall not apply to any FDA-approved product marketed for therapeutic purposes.
(c) This Article shall not affect any laws or regulations regarding medical cannabis.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.
(Added by Ord. 30-14, File No. 131208, App. 3/27/2014, Eff. 4/26/2014)