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18.109.040 Measure of Distance. The distance between any tobacco retail site and any public school, public park, or public recreation facility shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tobacco retail site building to the closest property line of the public school, public park, or public recreation facility. The city may make the measurement of distance using satellite images to determine building wall location and parcels on the city's geographic information system (GIS). A person who disagrees with this measurement may hire their own California licensed surveyor to provide another measurement. 18.109.050 Inspection by officials. Any and all investigating officials of the city shall have the right to enter a tobacco retail 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. 18.109.060 Penalties. Penalties applied to tobacco retailers and tobacco store owners, operators and employees for violations of this Chapter may be in addition to any penalties imposed by the tobacco retailer licensing program authorized by Section 9.32.090. 18.109.070 Severability. If any provision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other chapter provisions or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end the provisions and clauses of this chapter are declared to be severable. // In Chapter 9.24 Smoking in Public and Work Places Amends Municipal Code Section 9.24.020 Definitions, Subsection N, as follows: N. "Retail tobacco store" means a retail store that primarily sells tobacco products where more than 60 percent of gross annual revenues are generated from the sale of tobacco products and tobacco paraphernalia, does not permit anyone under 18 years of age to be present unless with parent or guardian, and does not sell alcoholic beverages or food for consumption on the premises. (See Cal. Business and Professions Code §22962.) _ -_ _ _ . _ • _ - _ In Chapter 18.40 0 Office Districts 10