(A) It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to sell or offer for sale any flavored tobacco product within the incorporated and unincorporated areas of the county.
(B) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:
(1) Made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor;
(2) Used text and/or images on the tobacco products’ labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or
(3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.
(C) It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to sell or offer for sale, any single use electronic cigarette within the incorporated and unincorporated areas of the county.
(D) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products and single use electronic cigarettes at the retail location. The sale of any tobacco product or single use electronic cigarette by an employee shall be considered an act of the tobacco retailer.
(Ord. 1044, § 4, 2022)