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Ordinance 2208 Page 10 of 12 F. "Tobacco retailer" means a business which sells tobacco products and tobacco paraphernalia on a retail basis (but not in the quantity that qualifies the business as a tobacco store) in addition to other products and services being offered by the business. This definition may be used throughout Title 18. G. "Tobacco retail site" means a site where a tobacco retailer or tobacco store operates. H. "Tobacco store" means a retail business which primarily sells tobacco products; generates more than 60% of its gross revenues annually from the sale of tobacco products and tobacco paraphernalia; does not permit any person under 18 to enter unless with parent or guardian; and does not sell alcoholic beverages or food for consumption on the premises. (See Cal. Business and Professions Code §22962.) This definition may be used throughout Title 18. 18.109.030 Prohibition and Effect on Existing Retail Sites. A. No person shall cause or permit the establishment of a new tobacco retail site within one thousand feet (1,000 ft.) of a public school, public park, or public recreation facility. B. A tobacco retail site which is within one thousand feet (1,000 ft.) of a public school, public park, or public recreation facility that is existing on the effective date of this ordinance may continue to operate, sell and display tobacco products and tobacco paraphernalia. 1. However, such pre-existing retail tobacco site shall then be subject to the nonconforming use provisions in Chapter 18.120 with regard to: the restrictions on alterations and additions in Section 18.120.030; and abandonment in Section 18.120.040. But, shall not be subject to the elimination provisions of Section 18.120.060. 2. A retail tobacco site which qualifies under this section shall still be subject to other tobacco retail restrictions in the Municipal Code and state and federal law. 18.109.040 Measure of Distance. The distance between any tobacco retail site and any public school, public park, or public recreation facility shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tobacco retail site building to the closest property line of the public school, public park, or public recreation facility. The city may make the measurement of distance using satellite images to determine building wall location and parcels on the city's geographic information system (GIS). A person who disagrees with this measurement may hire their own California licensed surveyor to provide another measurement. 18.109.050 Inspection by officials. Any and all investigating officials of the city shall have the right to enter a tobacco retail 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. 18.109.060 Penalties. Notwithstanding Section 1.24.010.B., violations of this chapter are also subject to administrative citation pursuant to Chapter 1.24 for each instance when tobacco products or tobacco paraphernalia are on display or offered for sale in violation of Section 18.109.030. Fines for such administrative citations shall be paid by the business owner, not the employee. The city may also pursue other legal remedies and penalties for violations of this chapter.