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07
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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050520
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07
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4/30/2020 4:54:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/5/2020
DESTRUCT DATE
15Y
DOCUMENT NO
07
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E. "Tobacco product" means any of the following: <br /> 1. A product containing, made, or derived from tobacco or nicotine that is intended for <br /> human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, <br /> snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, <br /> cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. <br /> 2. An electronic device that delivers nicotine or other vaporized liquids to the person <br /> inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, <br /> or hookah. <br /> 3. Any component, part, or accessory of a tobacco product, whether or not sold <br /> separately. <br /> 4. Exception. "Tobacco product" does not include a product that has been approved by <br /> the United States Food and Drug Administration for sale as a tobacco cessation product <br /> or for other therapeutic purposes where the product is marketed and sold solely for such <br /> an approved purpose. (See Cal. Business and Professions Code §22950.5.) This <br /> definition may be used throughout Title 18. <br /> F. "Tobacco retailer" means a business which sells tobacco products and tobacco <br /> paraphernalia on a retail basis (but not in the quantity that qualifies the business as a <br /> tobacco store) - - •• • - - •- - - • e- - • e - - e in addition to other products and <br /> services being offered by the business. -This definition may be used throughout Title 18. <br /> G. "Tobacco retail site" means a site where a tobacco retailer or tobacco store operates. <br /> H. "Tobacco store" means a retail business which primarily sells tobacco products; generates <br /> more than 60% of its gross revenues annually from the sale of tobacco products and tobacco <br /> paraphernalia; does not permit any person under 18 to enter unless with parent or guardian; <br /> and does not sell alcoholic beverages or food for consumption on the premises. (See Cal. <br /> Business and Professions Code 22962.) This definition may be used throughout Title 18. <br /> 18.109.030 Prohibition and Effective-Date on Existing Retail Sites. <br /> A. No person shall cause or permit the establishment of a new tobacco retail site within one <br /> thousand feet (1,000 ft.) of a public school, public park, or public recreation facility. <br /> B. A tobacco retail site which is within one thousand feet (1,000 ft.) of a public school, public <br /> park, or public recreation facility that is existing on the effective date of this ordinance may <br /> continue to operate, -sell and display tobacco products and tobacco paraphernalia. However, <br /> such pre-existing retail tobacco site shall then be subject to the nonconforming use provisions in <br /> Chapter 18.120 with regard to: the restrictions on alterations and additions in Section <br /> 18.120.030; and abandonment in Section 18.120.040. But, shall not be subject to the elimination <br /> provisions of Section 18.120.060. A retail tobacco site which qualifies under this section shall <br /> still be subject to other tobacco retail restrictions in the Municipal Code and state and federal <br /> law. <br /> 18.109.040 Measure of Distance. <br /> The distance between any tobacco retail site and any public school, public park, or public <br /> recreation facility shall be measured in a straight line, without regard to intervening structures, <br /> from the closest exterior structural wall of the tobacco retail site building to the closest property <br /> line of the public school, public park, or public recreation facility. <br /> 9 <br />
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