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ORD 2209
City of Pleasanton
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ORD 2209
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Last modified
6/30/2023 4:22:55 PM
Creation date
8/31/2020 2:50:16 PM
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CITY CLERK
CITY CLERK - TYPE
ORDINANCES
DOCUMENT DATE
8/18/2020
DESTRUCT DATE
PERMANENT
DOCUMENT NAME
TOBACCO RETAIL PERMITTING REQUIREMENTS
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Ordinance
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Ordinance
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Ordinance 2209 <br /> Page 4 of 11 <br /> F. False and Misleading Advertising Prohibited. A tobacco retailer or tobacco store <br /> without a valid permit, including, for example, a person whose permit has been <br /> suspended or revoked: <br /> 1. Must keep all tobacco products and tobacco paraphernalia out of public view. <br /> The public display of tobacco products and tobacco paraphernalia in violation of <br /> this provision constitutes tobacco retailing without a permit in violation of Section <br /> 9.32.150; and <br /> 2. Must not display any advertisement related to tobacco products and tobacco <br /> paraphernalia that promotes the sale of such products from the tobacco retailer <br /> or tobacco store's location or that could lead a reasonable consumer to believe <br /> that such products can be obtained at that location. <br /> G. Limited, Conditional Privilege. Nothing in this chapter shall be construed to grant any <br /> person obtaining and maintaining a permit any status or right other than the limited <br /> conditional privilege to act as a tobacco retailer or tobacco store at the location in the <br /> city identified on the face of the permit. <br /> Section 9.32.080. Application Procedure. <br /> A. Application for a tobacco retailer permit must be submitted in the name of each <br /> person proposing to conduct sales of tobacco products or tobacco paraphernalia <br /> and each person or an authorized agent thereof shall furnish to the business license <br /> division a sworn statement setting forth the information in this section. <br /> B. It is the responsibility of each person to be informed of all laws applicable to tobacco <br /> retailing. <br /> C. No person may rely on the issuance of a permit as a determination by the city that <br /> the person is in compliance with all laws related to its operation. A permit issued <br /> contrary to this chapter or any other law, or on the basis of false or misleading <br /> information supplied by an applicant, shall be revoked under Section 9.32.160 of this <br /> chapter. Nothing in this chapter shall be construed to vest in any person obtaining <br /> and maintaining a permit any status or right to act as a tobacco retailer or tobacco <br /> store in contravention of any provision of law. <br /> D. All applications must be submitted on a form supplied by the business license <br /> division and must contain the following information: <br /> 1. The name, address, and telephone number of each proprietor of the business <br /> seeking a permit; <br /> 2. The business name, address, and telephone number of the single fixed <br /> location for which a permit is sought; <br /> 3. An address for receipt of legal notice; <br /> 4. Proof that the location for which a permit is sought conforms with applicable <br /> zoning; <br /> 5. Proof that the location for which a permit is sought has been issued a valid <br /> California Cigarette and Tobacco Products Retailer's Permit for the sale of <br /> tobacco products, if the tobacco retailer or tobacco store sells products that <br /> require such permit; <br /> 6. Whether or not any proprietor or any agent of the proprietor has admitted <br /> violating, or has been found to have violated, this chapter and, if so, the dates <br /> and locations of all such violations within the previous five (5) years; and <br />
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