ATTACHMENT A
1 ORDINANCE NO. ________________
AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16, SECTION 5.16.010 AND ADDING CHAPTER 5.102 TO THE STOCKTON M UNICIPAL CODE REQUIRING
TOBACCO RETAILERS TO OBTAIN A LI CENSE PRIOR TO OPERATING IN THE CITY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
The failure of tobacco retailers to comply wit h all tobacco control laws, particularly the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare. A local licensing program for toba cco retailers is intended to ensure that tobacco retailers comply with tobacco control laws and business standards of the City of Stockton and to protect the health, safety, a nd welfare of those persons who reside in, work in, and visit the City of Stockton.
State law explicitly authorizes cities to enact local tobacco retail licensing ordinances and allows for the suspension or revocation of a local license for a violation of any state tobacco control law. A requirement for a tobacco retail license will not unduly burden legitimate business activities of retailers who sell or distribute tobacco products to adults but will allow the City of Stockton to regul ate the operations of lawful businesses to discourage violations of f ederal, state, and local tobacco -related laws. The City of Stockton has a substantial interest in prom oting compliance with federal, state, and local laws intended to regulate tobacco sa les and use; in discouraging the illegal purchase of tobacco products by minors; in promoting comp liance with laws prohibiting sales of tobacco products to minors; and in protecting ch ildren from being lured into illegal activity through the misconduct of adults.
This Chapter is adopted to encourage responsib le tobacco retailing and to discourage violation of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors. This Chapter does not expand or reduce the degree to which the acts regulat ed by federal or state law ar e criminally proscribed or alter the penalties provided by such laws. No thing in this Chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.
SECTION II. AMENDMENT OF CODE
Title 5, Chapter 5.16, sect ion 5.16.010 of the Stockton Municipal Code is amended to read as follows:
5.16.010 Licenses or permits required.
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2 The license or permit required for any of the following is in addition to any business license required under this title:
Acid, storage Ch. 15.12
Apartment houses Ch. 8.32
Auctioneers Ch. 5.24
Auctions Ch. 5.24
Bicycles Ch. 10.12
Bonfires Ch. 15.12
Calcium carbide, storage Ch. 15.12
Camp cars and camp grounds Ch. 5.80
Card rooms Ch. 5.36
Commercial fat rendering Ch. 15.12
Discharge of industrial wastes Ch. 13.08
Dog kennels Ch. 6.04
Dogs Ch. 6.04
Explosives, storage and handling Ch. 15.12
Explosives, transportation Ch. 10.04
Firearms, use and discharge Ch. 9.56
Firearms, sale Ch. 9.60
Fireworks, public use of Ch. 8.92
Flammable liquids, storage and handling Ch. 15.12
Freedom of speech Ch. 9.16
Fumigating Ch. 15.12
Garbage, collection Ch. 8.04
Garden refuse, collection Ch. 8.04
Gasoline portable tanks Ch. 15.12
Goats, cows, sheep, etc. Ch. 6.04
Hotels Ch. 5.80
Junk dealers Ch. 5.28
Liquefied petroleum gases, storage and handling Ch. 15.12 Loading zone hoods Ch. 10.44
Lodging houses Ch. 5.80
Milk, handling and sale Ch. 8.64
Motor buses, operations Ch. 5.92
Oil burner systems, installation, etc. Ch. 15.12
Paint burning Ch. 15.12
Pawnbrokers Ch. 5.28
Potassium chlorate, storage Ch. 15.12
Private patrol systems and watchmen Ch. 5.40
Refrigerator systems, installation, etc Ch. 15.12
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3 Second-hand dealers Ch. 5.28
Sewer connections for persons outside City limits Ch. 13.08 Spray painting Ch. 15.12
Tank truck loading plants, installation, etc Ch. 15.12
Taxicab business Ch. 5.84
Taxicab drivers Ch. 5.88
Tobacco retailers
Use permits
Ch. 5.102
Ch. 16.168
X-ray films, storage and handling Ch. 15.12
SECTION III. AMENDMENT OF CODE.
Title 5, Chapter 5.102 is added to the Stockton Municipal Code and shall read as follows:
5.102.010 Purpose and application.
The purpose of this Chapter is to enc ourage responsible tobacco retailing and to discourage violations of tobacco-related la ws, especially those that prohibit or discourage the sale or distribut ion of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal and state law are criminally proscribed or to alter the penalties provided by such laws.
5.102.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Applicant” means and includes any person or entity who submits an application for a tobacco retail license.
“Application” means the application submitted under section 5.102.040 for a tobacco retail license allowing the person or entity to engage in tobacco retailing at the designated premises.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [ADDITIONAL DEFINITIONS IF FLAVORED TOBACCO BAN IS APPROVED] "Characterizing Flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice.
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4 “Flavored Tobacco Product” means any tobacco product that imparts a characterizing flavor.
“Hookah” means a waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of hookah may include heads, stems, bowls, and hoses.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = “Licensee” means and includes the holder of a tobacco retail license and any person required to have a tobacco retail license under this Chapter, whether or not such person is actually so licensed.
“Loitering” means the act of remaining upon posted property without the permission of the owner or person in lawful possession.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [ADDITIONAL DEFINITION IF FLAVORED TOBACCO BAN IS APPROVED] “Loose Leaf Tobacco” consists of cut or shredded pipe tobacco, usually sold in pouches which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = “Person” means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.
“Playground” means an active recreational area with a variety of facilities, including equipment for younger children, as well as court and field games. Playground does not include play areas located on the site of residential homes or facilities. “Premises” means any building or portion of any building where tobacco retailing occurs.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [ADDITIONAL DEFINITION IF FLAVORED TOBACCO BAN IS APPROVED] “Premium Cigar” means any cigar that is handmade, is not mass produced by the use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, does not have a filter, tip, or nontobacco mouthpiece, and is capped by hand. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
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5 “School” means any public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or daycare facility. = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [ADDITIONAL DEFINITION IF FLAVORED TOBACCO BAN IS APPROVED] “Shisha Tobacco Product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to, as hookah tobacco, waterpipe tobacco, mu’assel, narghile, and argileh. “Shisha tobacco product” does not include any electronic device, such as an electronic hookah, electronic cigarette, or other electronic tobacco product.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = “Tobacco Product” means (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to electronic cigarette (or “e-cigarette”), electronic cigar (or “e-cigar”), electronic pipe (or “e-pipe”), vape pen, electronic hookah (or “e-hookah”), cigars, or pipes, whether or not the device or component is sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.
“Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product.
“Tobacco Retailer” means any person or entity whose principal business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by 50% or more of floor area and display area being devoted to the sale or exchange of tobacco products, tobacco paraphernalia, or both.
“Tobacco Retailing” means engaging in any of those activities of a tobacco retailer.
5.102.030 Tobacco retail license required.
A. It shall be unlawful for any person to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City without first obtaining and maintaining a valid tobacco retail license pursuant to the provisions of this Chapter for each location at which tobacco retailing is to occur. No license will be issued to authorize tobacco retailing at other than a fixed location.
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6 B. Nothing in this Chapter shall be construed to grant any person or entity obtaining a tobacco retail license any status other than the right to act as a tobacco retailer at the location in the City identified on the face of the tobacco retail license, subject to compliance with all other applicable laws, regulations, and ordinances. 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 of limitation on indoor smoking made applicable to business establishments by Section 6404.5 of the Labor Code.
5.102.040 License application.
A. Every person who proposes to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City shall submit an application for a license to the City in writing on forms provided by the City. An applicant proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location.
Each application shall be submitted under oath, in duplicate, and shall contain such information pertinent to the business as the City may require. Such information to be provided shall include, but not be limited to, the following:
1. The true names, and residences, and business addresses of all owners, officers, copartners, and stockholders;
2. Disclosures of all arrests and criminal convictions of the owners, officers, copartners, and stockholders associated with the business;
3. Disclosures of all business and employment histories for the period of 10 years immediately preceding the date of application for the owners, officers, copartners, and stockholders associated with the business;
4. City-obtained fingerprints and photographs of all owners, officers, copartners, and stockholders associated with the business.
B. The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the City Council. Thereafter, if a tobacco retail license is granted, the licensee shall pay an annual fee in an amount as may be fixed and established by City Council resolution.
C. The applicant must provide a statement to the City to the effect that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all applicable laws of the United States of America, the State of California, the County of San Joaquin, and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any tobacco retail license therefor subject to immediate suspension or revocation.
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7 D. The applicant must provide a copy of any valid current permit or license from the California Board of Equalization, the County Department of Health, or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.
E. The applicant hereunder is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive such a license is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, and approving or disapproving any application. A waiver of any claims for damages against the City or its agents resulting therefrom shall be presumed upon the filing of an application for a tobacco retail license.
F. Each applicant shall be responsible for providing truthful, complete, and accurate information and for signing the license application.
G. The applicant shall submit written documentation stating that the property owner of the real property upon which the tobacco retailing is to be conducted is fully aware of the property’s intended use. Documentation is to include the name, address, and contact telephone number for the property owner.
H. The applicant must provide a statement to the City that the applicant will hold harmless, indemnify, and defend the City against all claims and litigation arising from the issuance of the tobacco retail license, including without limitation any claims and litigation arising from the establishment, operation, or ownership of the tobacco retailer.
I. An application shall not be deemed complete until all the information required in subsections A through H have been provided to the City and the required fees and any applicable business tax required by any provision of this Code have been paid.
J. The application for a license pursuant to this Chapter shall not authorize the maintenance, operation, or conduct of tobacco retailing until such license has been granted. The issuance of a business license pursuant to Title 5 of the Stockton Municipal Code shall not authorize the maintenance, operation, or conduct of a tobacco retailer until the license required by this Chapter has been lawfully granted.
5.102.050 Investigation and decision on tobacco retail license application.
A. Upon receipt of a complete application for a tobacco retailer license, the City shall cause an investigation to be made covering all matters relevant to the proposed activity of the applicant. Such matters may include, but are not limited to, the following:
1. Identity, character, and background of the applicant;
2. Compliance with the provisions of this chapter; and
ATTACHMENT A
8 3. Compliance with the City’s General Plan, zoning, security, and environmental requirements.
B. In the event a complete application is presented to the City, the City shall consider such application once the fees required have been paid, and the investigations and reports required under the provisions of this chapter have been duly completed. The City shall, at a minimum, consider the following factors during the consideration of the application for a tobacco retail license:
1. Whether the issuance of a tobacco retail license and subsequent operation will be detrimental to the public health, safety, and welfare of the citizens of the City of Stockton; and
2. Any other relevant data, facts, or considerations.
C. Within 60 days of completing the investigation, the application for a tobacco retail license shall be approved or denied by the City. The City may impose conditions, restrictions, or require revision to the application to comply with the provisions of this chapter. Written notice of the decision of the City shall be mailed to the applicant by regular U.S. mail to the address listed on the application.
5.102.060 Business license.
Nothing herein shall constitute a waiver of the requirements of Title 5 of the Stockton Municipal Code requiring issuance and possession of a valid business license.
5.102.070 Annual renewal of tobacco retail license.
A tobacco retail license shall be valid for one year from the date of issuance, unless earlier suspended or revoked. Any person or entity that holds a tobacco retail license may obtain a new license for the succeeding year by applying for said new license and paying the required fees, in accordance with Section 5.102.040 of this Chapter, no later than 60 days prior to the expiration date of the current tobacco retail license.
5.102.080 License Fee
The fee for issuance or renewal of a tobacco retail license shall be established by resolution of the City Council and shall be in addition to the fees associated with any other license or permit fee imposed by this Code upon the applicant. The license fee shall be paid to the City at the time the tobacco retail license is issued.
5.102.090 Grounds for denial of a tobacco retail license.
The following shall constitute grounds for the denial of a tobacco retail license:
A. The application is incomplete or inaccurate.
ATTACHMENT A
9 B. The application seeks authorization for tobacco retailing at an address that has previously been used for a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this Chapter.
C. The application seeks authorization for tobacco retailing that is unlawful pursuant to this Code or that is unlawful pursuant to any other local, state or federal law.
D. Making any false statements in the application or as to any other information presented as part of the application process.
E. Evidence of current or prior unlawful or nuisance-creating operation in this or another jurisdiction.
F. The application seeks authorization for tobacco retailing at any location within 600 feet of a school, public park, public playground, public recreational area, or youth facility, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant’s proposed business location. However, the prohibition contained in this paragraph shall not apply to the following:
1. Any tobacco retailer operating lawfully on the day before the effective date of this ordinance; or
2. Any lawfully operating tobacco retailer that would otherwise become ineligible to receive a new license due to the creation or relocation of a school, public park, public playground, public recreational area, or youth facility.
G. The application seeks authorization for tobacco retailing at any location within 600 feet of a location occupied by another tobacco retailer, as measured in a straight line from the parcel boundary of an existing tobacco retailer’s business location to the boundary lines of the parcel of the tobacco retailer license applicant’s proposed business location. However, the prohibition contained in this paragraph shall not apply to any tobacco retailer operating lawfully on the day before the effective date of this ordinance.
H. Any exemption granted to a tobacco retailer pursuant to paragraphs F and G of this Chapter shall cease to apply if a tobacco retailer fails to timely renew the tobacco retail license pursuant to Section 5.102.070 of this Chapter or shall cease to apply if the tobacco retail license is revoked pursuant to Section 5.102.100 of this Chapter.
I. The City is in possession of information that the applicant or his agents or employees has violated any local, state, or federal tobacco control law within the preceding 30-day period.
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10 J. An owner, officer, copartner, or stockholder of a retailer is found to have been convicted of a felony conviction, (a plea of nolo contendere shall be considered a guilty plea for purposes of this chapter), for any violation of any crime of violence, any crime involving narcotics, fraud, gambling, loan sharking, bookmaking, theft, moral turpitude, or any crime involving evasion of taxes, or any other crime of moral turpitude indicating a lack of business integrity or business honesty, whether committed in the State of California or elsewhere, whether denominated as a felony or as a misdemeanor and notwithstanding the passage of time since the conviction.
K. No new license shall be issued if the applicant does not have a valid current permit or license from the California Board of Equalization, the County Department of Health, or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.
5.102.100 Grounds for suspension and/or revocation of a tobacco retail license.
A. Any tobacco retail license authorized and issued under the provisions of this Chapter may be subject to:
1. Immediate suspension by the City if the City finds that:
a. A tobacco retailer, or any agent or employee thereof, with the knowledge of such tobacco retailer, has violated, or permitted, allowed, or caused the violation of any provision of this chapter, any regulation issued pursuant to this chapter, or any other local, state, or federal law or regulation relating to tobacco retailing; or b. Based on ascertainable facts, the operation of the tobacco retailer substantially aggravates the crime problems in the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety, or welfare of the City.
2. Suspension or revocation by the City after not less than 5 days written notice to the tobacco retailer if the City finds that:
a. A tobacco retailer, or agent or employee thereof, with the knowledge of such tobacco retailer, has violated, or permitted, allowed, or caused the violation of any provision of this chapter, any regulation issued pursuant to this chapter, or any other local, state, or federal law or regulation relating to tobacco retailing; or b. A tobacco retailer has failed to pay, when due and payable, any of the fees or taxes required within 10 days after written notice of such failure; or c. A tobacco retailer has made any fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process; or
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11 d. A tobacco retailer knowingly commits any act which would have constituted grounds for denial of an application for a tobacco retail license; or e. An owner, officer, copartner, or stockholder of a tobacco retailer is found to have been convicted of a felony conviction, (a plea of nolo contendere shall be considered a guilty plea for purposes of this chapter), for any violation of any crime of violence, any crime involving narcotics, fraud, gambling, loan sharking, bookmaking, theft, moral turpitude, or any crime involving evasion of taxes, or any other crime of moral turpitude indicating a lack of business integrity or business honesty, whether committed in the State of California or elsewhere, whether denominated as a felony or as a misdemeanor and notwithstanding the passage of time since the conviction.
5.102.110 Appeal from suspension or revocation of tobacco retail license A. The action of the City in revoking or suspending a tobacco retail license may be appealed to the City Manager. Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the City included in the notice, shall be filed with the City Manager within 10 days after the revocation or suspension of the license. Upon failure to file the notice within the 10-day period, the action of the City in revoking or suspending such tobacco retail license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the City Manager shall refer the matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this Code.
B. In the event a tobacco retailer files a timely appeal pursuant to this section, the effective date of the decision shall be stayed pending the appeal hearing. The determination of the administrative hearing officer shall be final.
5.102.120 Operating regulations and conditions.
A. The provisions of this section shall constitute terms and conditions applicable to each tobacco retail license issued under this Chapter.
B. The provisions of this section shall also constitute operating regulations that are applicable to each holder of a tobacco retail license issued pursuant to this Chapter.
C. It shall be unlawful for any tobacco retailer required to be licensed under this Chapter, whether or not such tobacco retailer is actually so licensed under this Chapter, to violate any of the provisions of this Chapter.
D. All tobacco retailers shall remain in compliance with the Stockton Municipal Code and all other local, state, and federal laws at all times.
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12 E. Tobacco retail licenses are for a specific, fixed location that shall serve as the licensed premises and shall not deviate from the premises that was described in the application. A tobacco retail license shall maintain legal possession of the premises (e.g., ownership, lease) that was approved by the City with the application for the tobacco retail license.
F. No tobacco retail license shall be issued authorizing tobacco retailing at any location within 600 feet of a school, public park, public playground, public recreational area, or youth facility, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant’s proposed business location. However, the prohibition contained in this paragraph shall not apply to the following:
1. Any tobacco retailer operating lawfully on the day before the effective date of this ordinance; or
2. Any lawfully operating tobacco retailer that would otherwise become ineligible to receive a new license due to the creation or relocation of a school, public park, public playground, public recreational area, or youth facility.
G. No tobacco retail license shall be issued authorizing tobacco retailing at any location within 600 feet of a location occupied by another tobacco retailer, as measured in a straight line from the parcel boundary of an existing tobacco retailer’s business location to the boundary lines of the parcel of the tobacco retail license applicant’s proposed business location. However, the prohibition contained in this paragraph shall not apply to any tobacco retailer operating lawfully on the day before the effective date of this ordinance.
H. Any exemption granted to a tobacco retailer pursuant to paragraphs F and G of this chapter shall cease to apply if a tobacco retailer fails to timely renew the tobacco retail license pursuant to Section 5.102.070 of this Chapter or shall cease to apply if the tobacco retail license is revoked pursuant to Section 5.102.100 of this Chapter.
I. No more than 20 percent of windows or clear doors at the premises where tobacco retailing occurs shall bear advertising or other signage of any sort.
J. The premises shall be maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.
K. A tobacco retailer shall:
1. Pay all City-imposed fines, penalties, and fees by the deadlines provided for by City officials;
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13 2. Allow for immediate access to a City, county, or state official that is authorized to regulate tobacco control ordinances under this Chapter or any state, county, or City law or regulation to the premises and on-premises records during regular business hours or hours of apparent operation;
3. Prevent loitering, public drinking, and public use of cannabis or other criminal behavior on and around the premises, including parking areas. “No Loitering” signs shall be prominently posted in a readily visible manner on no less than 1 exterior wall. The tobacco retailer’s operators or employees shall ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so;
4. Prevent any condition constituting a nuisance on the premises, including parking areas;
5. Remove all graffiti or other signs of vandalism within 48 hours of knowledge of the graffiti or vandalism;
6. Maintain signage and general appearance of the premises in a manner that is not attractive to minors; and
7. Maintain a clean and orderly premises to ensure public health and safety meet the highest standards.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = [ADDITIONAL OPERATING REGULATIONS AND CONDITIONS OPTIONS] L. It shall be unlawful for any tobacco retailer required to be licensed under this Chapter, whether or not such tobacco retailer is actually so licensed under this Chapter, to sell or offer for sale any flavored tobacco product.
1. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if:
a. a manufacturer or its agents or employees makes or disseminates public statements or claims to the effect that the tobacco product has or produces a characterizing flavor or aroma, other than tobacco; or
b. the product’s label, labeling, or packaging includes a statement or claim, including any text and/or images used to communicate information, that the product has or produces a characterizing flavor or aroma, other than tobacco.
2. The prohibition of the sale of flavored tobacco products described in subsection L shall not apply to the following sales:
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14 a. Shisha tobacco products by a tobacco retailer provided all of the following conditions are met:
i. the tobacco retailer does not permit any person under twenty-one (21) years of age to be present on the premises at any time;
ii. the tobacco retailer shall operate in accordance with all local, state, and federal laws, including license and permit requirements, relating to the sale of tobacco products; and iii. if consumption of tobacco products is allowed on the premises, the tobacco retailer shall operate in accordance with all laws relating to the consumption of tobacco products on the premises of a tobacco retailer.
b. Premium cigars sold in cigar lounges where products are purchased and consumed on the premises.
c. Loose leaf tobacco or premium cigars.
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = M. The provisions of this Chapter are intended to provide a minimum level of public health, safety, and welfare protection at businesses engaging in tobacco retailing.
Nothing in this Chapter is intended nor shall prevent the City from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes. In the event of a conflict between an operating regulation set forth in this Chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement shall apply.
5.102.130 Lawful business operation.
In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a tobacco retail license is issued, it shall be a violation of this Chapter for any tobacco retailer to violate any federal, state, or local law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
5.102.140 Violations and penalties.
A. It is unlawful for any tobacco retailer, employee, or other person to violate any of the rules or regulations set forth in this Chapter.
B. A violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established, or promulgated in this Chapter shall be charged as a misdemeanor for each day such violation continues.
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15 C. Any violation of this Chapter may also be remedied by a civil action brought by the City Attorney. The City may recover for reasonable attorneys’ fees and costs of suit in any civil litigation brought by the City Attorney to remedy any violation of this Chapter.
D. A violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established, or promulgated in this Chapter may also result in the issuance of civil penalties pursuant to Chapter 1.40 for each day the violation continues.
E. A violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established, or promulgated in this Chapter may also result in the issuance of administrative penalties pursuant to Chapter 1.32.
F. A violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established, or promulgated in this Chapter may also result in the suspension or revocation of the tobacco retail license pursuant to section 5.102.100 of this Chapter.
G. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter or any of the rules and regulations set forth, established, or promulgated in this Chapter is hereby declared a public nuisance and may be summarily abated by the City.
SECTION IV. SEVERABILITY.
If any provision of this or dinance or the application thereof to any person or circumstance is held invalid, that invalidit y shall not affect other provisions, or applications of the fact which can be given without the invalid prov ision or application, and to this end the provisions of this act are severable.
SECTION V. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
KEVIN J. LINCOLN
Mayor of the City of Stockton
ATTEST:
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16 ELIZA R. GARZA, CMC
City Clerk
City of Stockton