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THE CITY OF ®n • M11 ...1 1u• LE ASANTON® MEMORANDUM Date: June 10, 2020 To: Mayor and Council From: Larissa Seto, Assistant City Attorney Subject: June 16th Agenda — Edit for Tobacco Retailer Permitting, Item # 33 In response to written comments provided prior to the continued June 2"d meeting, staff would like to modify the proposed Tobacco Retailer Permitting ordinance in two subsections of§9.32.070, as follows: 9.32.070 Tobacco retailer requirements and prohibitions. A. Tobacco Retailer Permit Required. It is unlawful for any person to act as a tobacco retailer or a tobacco store in the city without first obtaining and maintaining a valid tobacco retailer permit under this chapter for each location at which the sale of tobacco products or tobacco paraphernalia on a retailing basis is to occur. The sale of tobacco products or Ttobacco paraphernalia on a retailing basis without a valid permit constitutes a nuisance as a matter of law. B. Lawful Business Operation. It is a violation of this chapter for any person to violate any local, state or federal law applicable to tobacco retailing. C. Display of Tobacco Retailer Permit. Each tobacco retailer must prominently display the permit in a publicly visible area at the permitted location. D. Positive Identification Required. No tobacco retailer may sell a tobacco product or tobacco paraphernalia to a person who is under the age of twenty seven thirty (302 ) years (see 21 Code of Fed. Regs. §1140.14, as amended) without first examining the identification of the consumer to confirm that the consumer is at least the minimum age for sale of tobacco products as established by state and federal law. E. On-Site Sales. All sales of tobacco products and tobacco paraphernalia to consumers must be conducted in-person at the permitted location. It is a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or