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CD. Minors Persons in violation of Section 9.32.080.A subsection A may have any tobacco accessories, t—aGee-product sample, or tobacco product in the personminer's possession taken as evidence of the violation by the citing officer or official. 1. Item(s) taken into evidence may be released to a parent or guardian. 2. There shall be no fine or criminal prosecution for any violation of the possession prohibition of Section 9.32.080.A. 3. There may be criminal or civil prosecution for violations of the distribution prohibition of Section 9.32.080.A. pursuant to California Penal Code section 308. 4. Persons who have violated Section 9.32.080.A. two or more times in the prior 12 month period may be referred by the Police Department to a counseling program or anti- addiction program in the reasonable discretion of the Chief of Police or his or her designee. D. 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. -(Ord. 2120 § 1, 2015; Ord. 1529 § 1, 1991) Add a new Chapter 18.109 to the Municipal Code as follows: CHAPTER 18.109 RETAILERS OF TOBACCO PRODUCTS AND PARAPHERNALIA 18.109.010 Purpose and intent. It is the purpose and intent of this chapter to reduce the exposure of youth to tobacco products and tobacco paraphernalia in advertisement and product placement at retail establishments near public schools, public parks and public recreation facilities. These are places where youth congregate, as well as travel to and from frequently. By restricting tobacco sales along frequent youth travel routes, this decreases youth exposure to and availability of tobacco products. The intent is to reduce youth smoking and use of tobacco products. 18.109.020 Definitions. For purposes of this chapter, certain words and terms are defined as follows: A. "Public park" means a site or parcel of land owned by a public agency and open to the public for active or passive recreation activity (e.g. neighborhood or community city parks, East Bay Regional Park District park). This definition excludes public trails. B. "Public recreation facility" means a site or parcel of land owned by a public agency and improved with a building or other facility, open to the public for active or passive recreation activity (e.g. city senior center, city aquatic center). C. "Public school" means a site or parcel of land owned by a public school district where instruction is provided, and includes the buildings and related recreation fields. D. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-ciqarette liquid pods and any other item designed primarily for the smoking or ingestion of tobacco products. (See Cal. Business and Professions Code §22962.) This definition may be used throughout Title 18. 8