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9.32.030 Prohibition on the sale of flavored tobacco by tobacco retailers citywide <br /> A. It shall be unlawful for any tobacco retailer or any of the tobacco retailer's agents or <br /> employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with <br /> intent to sell or offer for sale, any flavored tobacco product. This prohibition on tobacco retailers <br /> is applicable citywide. <br /> B. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more <br /> flavored tobacco products, including but not limited to individual flavored tobacco product, <br /> packages of flavored tobacco product, or any combination thereof, possesses such flavored <br /> tobacco product with intent to sell or offer for sale. <br /> C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product <br /> if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or <br /> manufacturer has: <br /> 1. made a public statement or claim that the tobacco product imparts a characterizing flavor; <br /> 2. used text and/or images on the tobacco product's labeling or packaging to explicitly or <br /> implicitly indicate that the tobacco product imparts a characterizing flavor; or <br /> 3. taken action directed to consumers that would be reasonably expected to cause <br /> consumers to believe the tobacco product imparts a characterizing flavor. <br /> 9.32.040 Sale of flavored tobacco by tobacco stores, wholesalers and distributors <br /> A tobacco store may sell and display flavored tobacco products. Wholesalers and distributors <br /> may sell flavored tobacco products to other wholesalers, distributors and retailers. <br /> Article III. Electronic Smoking Devices and Related Paraphernalia Restrictions <br /> 9.32.050 Prohibition on the sale of electronic smoking devices and related paraphernalia <br /> tobacco retailers citywide <br /> A. It shall be unlawful for any tobacco retailer or any of the tobacco retailer's agents or <br /> employees to sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with <br /> intent to sell or offer for sale, any electronic smoking device and related paraphernalia, which <br /> includes, but is not limited to: cartridges, cartomizers, e-liquid (e.g. any liquid or substance that <br /> can be used by an electronic smoking device), smoke juice, tips, atomizers, electronic smoking <br /> device batteries and chargers, and any other item specifically designed for the preparation, <br /> charging, or use of electronic smoking devices. This prohibition on tobacco retailers is <br /> applicable citywide. <br /> B. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more <br /> electronic smoking devices and related paraphernalia possesses such electronic smoking <br /> devices and related paraphernalia with intent to sell or offer for sale. <br /> 9.32.060 Sale of electronic smoking devices and related paraphernalia by tobacco stores <br /> wholesalers and distributors <br /> A tobacco store may sell and display electronic smoking devices and related paraphernalia. <br /> Wholesalers and distributors may sell electronic smoking devices and related paraphernalia to <br /> other wholesalers, distributors and retailers. <br /> 5 <br />