4. To promote generally the health and welfare of all people in the community
<br />against the health hazards and harmful effects of using addictive tobacco products.
<br />9.32.020 Definitions.
<br />For the purposes of this chapter, the following terms shall be defined as set forth herein:
<br />A. "Cigarette vending machine" means any electronic or mechanical device or appliance the
<br />operation of which depends upon the insertion of money, whether in coin or paper bill, or
<br />other thing representative of value, which dispenses or releases a tobacco product and/or
<br />tobacco accessories.
<br />B. "Distribution" means to give, sell, deliver, dispense, issue, or cause or hire any person to
<br />give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue.
<br />C. "E -cigarette" means an activated or functioning device, whether an electronic cigarette as
<br />defined by California Health and Safety Code Section 119405 ("e -cigarette") or a similar
<br />device, including, but not limited to, a device intended to emulate smoking, which permits a
<br />person to inhale vapors or mists that may or may not include nicotine.
<br />D. "Minimum Pack Size" for the sale of cigars, cigarillos and little cigars.-
<br />1.
<br />igars:1. Cigars - a minimum pack of six
<br />2. Cigarillos – a minimum pack of twenty-five
<br />3. Little cigars – a minimum pack of twenty
<br />E. "Person" shall mean an individual, firm, partnership, joint venture, unincorporated
<br />association, corporation, estate, trust, trustee, or any other group or combination of the above
<br />acting as a unit, excepting however the United States of America, the state of California, and
<br />any political subdivision or unit thereof.
<br />F€. "Tobacco accessories" means cigarette papers or wrappers, pipes, holders of smoking
<br />materials of all types, cigarette rolling machines, e -cigarette liquid pods and any other item
<br />designed primarily for the smoking or ingestion of tobacco products.
<br />G. "Tobacco product sample" means a tobacco product and/or tobacco accessories
<br />distributed to members of the general public at no cost or at a nominal cost for product
<br />promotional purposes.
<br />HG. "Tobacco product" means any substance containing tobacco leaf, including but not
<br />limited to cigarettes, cigars, e -cigarette, e -cigarette liquid, smoking tobacco, and smokeless
<br />tobacco.
<br />9.32.030 Sale of cigarettes and other tobacco products from vending machines
<br />prohibited—Exception.
<br />A. Except as provided in subsection D of this section, no person shall locate, install, keep,
<br />maintain or use, or permit the location, installation, keeping, maintenance or use on his, her
<br />or its premises of any cigarette vending machine used or intended to be used for the purpose
<br />of selling or distributing any tobacco products therefrom.
<br />B. Any cigarette vending machine in use on the effective date of the ordinance codified in this
<br />chapter shall be removed within 120 days after the effective date of the ordinance codified in
<br />this chapter. Notwithstanding the previous sentence, any cigarette vending machine which is
<br />the subject of a written contract authorizing its installation which was entered into prior to the
<br />enactment of the ordinance codified in this chapter shall be removed within 30 days after the
<br />date specified in subsections 1 or 2 of this subsection, whichever occurs later:
<br />1. The first date on which permissive termination of the written contract by the person
<br />on whose premises the cigarette vending machine is located could take effect if said person
<br />4
<br />
|