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04
City of Pleasanton
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2019
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Last modified
12/3/2019 12:20:49 PM
Creation date
11/18/2019 10:22:57 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/21/2019
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IM211:11s_1 <br />CHAPTER 9.33 PROHIBITION ON THE SALE OF ELECTRONIC CIGARETTES AND <br />OTHER ELECTRONIC SMOKING DEVICES AND PARAPHERNALIA <br />9.33.010 Purpose and intent. <br />It is the purpose and intent of this chapter to reduce youth smoking, exposure to nicotine, <br />inhaling other chemicals and use of electronic cigarettes (e -cigarettes) by prohibiting the sale <br />of e -cigarettes and other electronic smoking devices and paraphernalia. Information has <br />shown that youth disproportionately use e -cigarettes, and are less aware of the negative <br />health effects of exposure to nicotine and chemicals from e -cigarettes. <br />9.33.020 Definitions. <br />For purposes of this chapter, certain words and terms are defined as follows: <br />A. "Electronic Smoking Device" means an electronic device that can be used to deliver an <br />inhaled dose of nicotine, or other substances, including any component, part, or <br />accessory of such a device, whether or not sold separately. "Electronic Smoking <br />Device" includes any such device, whether manufactured, distributed, marketed, or <br />sold as an electronic cigarette (e -cigarette), electronic cigar, electronic cigarillo, <br />electronic pipe, electronic hookah, or any other product name or descriptor. <br />"Electronic Smoking Device" includes electronic cigarettes as defined by Cal. Revenue <br />and Taxation Code §30121. <br />B. "Electronic Smoking Device Paraphernalia" means cartridges, cartomizers, e -liquid <br />(e.g. any liquid or substance that can be used by an electronic smoking device), <br />smoke juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking <br />Device chargers, and any other item specifically designed for the preparation, <br />charging, or use of Electronic Smoking Devices. <br />C. "Retailer" means any person who sells, offers for sale, or does or offers to exchange <br />for any form of consideration, Electronic Smoking Devices or Electronic Smoking <br />Device Paraphernalia. This definition is without regard to the quantity of the Electronic <br />Smoking Devices or Electronic Smoking Device Paraphernalia sold, offered for sale, <br />exchanged, or offered for exchange. <br />9.33.030 Retailing Prohibition. <br />It shall unlawful for any Retailer to sell, offer to sell, give or furnish at no cost or nominal cost, <br />or cause to be sold, given or furnished, any Electronic Smoking Device or Electronic Smoking <br />Device Paraphernalia to another person in any place within the city. <br />A. Exceptions. No provision in this Section 9.33.030 shall apply to: <br />1. Any product specifically approved by the United States Food and Drug <br />Administration for use in the mitigation, treatment, or prevention of disease; or <br />
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