ORD 2209 - Laserfiche WebLink

Ordinance 2209 Page 3 of 11 Exhibit A Amend Chapter 9.32 TOBACCO RESTRICTIONS by adding Article V as follows: Article V. Tobacco Retailer Permitting and other Regulations 9.32.070 Tobacco retailer and tobacco store requirements and prohibitions 9.32.080 Application Process 9.32.090 Issuance of Tobacco Retailer Permit: Standards 9.32.100 Tobacco Retailer Permit Renewal and Expiration 9.32.110 Fees for Tobacco Retailer Permit 9.32.120 Tobacco Retailer Permit Nontransferable 9.32.130 Compliance Monitoring 9.32.140 Violation 9.32.150 Tobacco Retailing Without a Valid Permit 9.32.160 Suspension or Revocation of Tobacco Retailer Permit 9.32.170 Notices 9.32.180 Hearing and Appeal 9.32.190 Enforcement 9.32.200 Sale of Tobacco Products from or self-service displays 9.32.210 Severability 9.32.070 Tobacco retailer and tobacco store 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 retail basis is to occur. The sale of tobacco products or tobacco paraphernalia on a retail 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 and tobacco store must prominently display its tobacco retailer permit in a publicly visible area at the permitted location. D. Positive Identification Required. No tobacco retailer or tobacco store may sell a tobacco product or tobacco paraphernalia to a person who is under the age of thirty (30) years 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, tobacco store or any agents or employees to: deliver tobacco products or tobacco paraphernalia or to knowingly or recklessly sell a tobacco product or tobacco paraphernalia to any person that intends to deliver such tobacco products or tobacco paraphernalia to a consumer in the city; and to sell a tobacco product or tobacco paraphernalia at a non-fixed location, including, but not limited to, tobacco retailing by persons on foot or from vehicles.