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33
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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061620
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33
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6/11/2020 12:44:41 PM
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5/28/2020 2:22:59 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/16/2020
DESTRUCT DATE
15Y
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Compliance with this chapter shall be monitored by the Community Development Department. <br /> In addition, any peace officer may enforce the provisions of this chapter. The city manager may <br /> designate additional persons to monitor compliance with this chapter. Nothing in this section <br /> creates a right of action in any permittee or other person against the city or its agents. <br /> Any and all investigating officials of the city shall have the right to enter a tobacco retailer or <br /> tobacco store's business site from time to time during reā¢ular business hours to make <br /> reasonable inspections, including review of financial records to determine the percentage of <br /> gross receipts related to the sale of Tobacco Products and Tobacco Paraphernalia, to observe <br /> and enforce compliance with state or federal laws, provisions of this chapter, and provisions of <br /> the municipal code. <br /> 9.32.140 Violation. <br /> A. It is a violation of this chapter to do any of the following: <br /> 1. Conduct tobacco retailing without a permit; <br /> 2. Conduct tobacco retailing at a location that is not permitted; <br /> 3. Conduct tobacco retailing at a location that is not fixed; <br /> 4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco <br /> paraphernalia from a fixed location in the city to a customer at a different location <br /> in the city; <br /> 5. Fail to fulfill the permittee obligations set forth in Section 9.32.070; <br /> 6. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with <br /> intent to sell or offer for sale, any flavored tobacco product prohibited by Section <br /> 9.32.030; <br /> 7. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with <br /> intent to sell or offer for sale, any electronic smoking device and related <br /> paraphernalia device prohibited by Section 9.32.050; <br /> 8. Sell or offer for sale tobacco products which do not meet the minimum package <br /> sizes and prices in Section 9.32.065; <br /> 9. Honor coupons or provide discounts to allow a consumer to purchase a tobacco <br /> product for less than full retail price as set forth in Section 9.32.065.C; <br /> 10.Violate any local, state or federal law applicable to tobacco products, tobacco <br /> paraphernalia or tobacco retailing; <br /> B. Causing, permitting, aiding, abetting or concealing a violation of any provision of this <br /> chapter shall also constitute a violation of this chapter; <br /> C. Each sale in violation of this chapter shall be regarded as a new and separate offense. <br /> Each day any violation of this chapter continues shall be regarded as a new and separate <br /> offense. The remedies provided in this chapter shall be cumulative and exclusive. <br /> D. Violations of this chapter are hereby declared to be public nuisances. <br /> 9.32.150 Tobacco Retailing Without a Valid Permit. In addition to any other penalty <br /> authorized by law, if the city finds or a court of competent jurisdiction determines, after notice <br /> and an opportunity to be heard, that any person has engaged in tobacco retailing at a location <br />
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