04 ATTACHMENT 3 - Laserfiche WebLink

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