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Ordinance 2208 Exhibit A Page 7 of 12 urban users for all items for the San Francisco-Oakland-Hayward statistical area as reported by the U.S. Bureau of Labor Statistics or successor index. Adjustments made on percent change based on the annual average with base of June 2020 in $0.25 increments. Article V. Other Tobacco Regulations 9.32.070 Sale of Tobacco Products from or self-service displays. Tobacco stores may have self-service displays of Tobacco Products only when in compliance with the Stop Tobacco Access to Kids Enforcement Act (STAKE) in Cal. Business and Professions Code §§22950-22963, and other applicable federal and state laws. 9.32.080 Possession by minors of Tobacco Products in public places prohibited and free distribution of Tobacco Product samples prohibited. A. No person under 18 years of age shall distribute or possess any Tobacco Accessories, 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 distributing cigarettes or other Tobacco Products for commercial purposes shall in the course of such business distribute, or direct, authorize, or permit any agent or employee to distribute: (1) any Tobacco Product sample; or (2) coupons, certificates, or other written material which may be redeemed for Tobacco Products and/or Tobacco Accessories without charge or for a nominal charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building. 9.2.090 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, to observe and enforce compliance with state or federal laws, provisions of this chapter, and provisions of the municipal code. 9.32.100 Violations and penalties. A. Except for minors in violation of Section 9.32.080.A., any 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. B. Each distribution of a tobacco product sample or redeemable coupon or certificate to a person shall be considered a separate offense.