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D. This section shall not apply to any person who locates, installs, keeps, maintains or uses, or premises. (Ord. 2120 § 1, 2015; Ord. 1529 § 1, 1991) 9.32.0480 Possession Ili-minors-of tobacco products by persons under 21 in public places prohibited and free distribution of tobacco product samples prohibited. A. No person under 211-8 years of age shall distribute or possess any tobacco acccscorics, tobacco product sample, or tobacco product; in any city park or facility, public property, or private property open to the public. These restrictions are in addition to California Penal Code Sections 308 and 308b, as amended. B. No person in the business or otherwise may distribute free or low-cost tobacco products, samples or coupons except in a qualified age-restricted area in compliance with Cal. Health and Safety Code §118950 and the Federal Tobacco Control Act at 21 U.S.C. §387 et seq., and other applicable state and federal laws.ing cigarettes or other tobacco products for commercial purposes shall in the course of such business distribute, or direct, authorize, or permit any agent - - - -- - - - - - - - - - - - • - - - - - - • - - - e •- e e. . (Ord. 2120 § 1, 2015; Ord. 1529 § 1, 1991) 9.32.090 Authorize City Manager to develop and implement a tobacco retailer licensing program. The City Manager is authorized to develop and implement an administrative policy for tobacco retailer licensing to regulate the sale of tobacco products by tobacco retailers and tobacco stores. As part of such policy, the City Council specifically delegates to the City Manager the authority to impose the fines and penalties of Cal. Government Code §§36901 and 38773.7 when applicable, in additional to other remedies and penalties allowed by law. 9.2.100 Inspection by officials Any and all investigating officials of the city shall have the right to enter a tobacco retailer or tobacco store's business site from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, or to observe and enforce compliance with state or federal laws, provisions of this chapter, and provisions of the municipal code. 9.32.110050 Violations and penalties. A. Except for Section 9.32.080.A., Aany person violating this chapter shall be deemed guilty of an infraction, punishable by: 1. A fine, not exceeding $100.00, for a first violation. 2. A fine, not exceeding $200.00, for a second violation of this chapter within one year. 3. A fine, not exceeding $500.00, for each additional violation of this chapter within one year.