PLE-2023-07-supp-30 - Laserfiche WebLink

9.32.120 (Pleasanton Supp. No. 30, 7-23) 278-2 30 days’ notice. In the event legal action is brought by the city to enforce collection of any amount included in the agreement, such person shall pay all costs of suit incurred by the city or its assignee, including a reason- able attorneys fees. The execution of such an agreement shall not prevent the prior accrual of penalties on unpaid balances at the rate provided in this section, but no pen- alties shall accrue on account of fees included in the agreement, after the execution of the agreement, and the payment of the first installment and during such time as such person shall not be in breach of the agreement. (Ord. 2244 § 2, 2023; Ord. 2209 § 3, 2020) 9.32.120 Tobacco retailer permit nontransferable. A. A tobacco retailer permit may not be trans- ferred from one person to another or from one location to another. A new permit is required if a tobacco retail- ing location has a change in proprietor, or a person is- sued a permit changes a business location for tobacco retailing. B. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and permit ineligibility peri- ods shall continue to apply to a location unless: 1. The location has been transferred to new proprietor in an arm's length transaction; and 2. The new proprietor provides the city with clear and convincing evidence that the new proprietor has acquired or is acquiring the location in an arm's length transaction. (Ord. 2209 § 3, 2020) 9.32.130 Compliance monitoring. Compliance with this chapter shall be monitored by the community development department. In addition, any peace officer may enforce the provisions of this chapter. The city manager may designate additional per- sons to monitor compliance with this chapter. A minimum of two compliance visits to each to- bacco retailer permit location shall occur each year. Nothing in this section creates a right of action in any permittee or other person against the city or its agents. Any and all investigating officials of the city shall have the right to enter a tobacco retailer or tobacco store’s business location from time to time during regu- lar business hours to make reasonable inspections, in- cluding review of financial records to determine the per- centage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, to observe and en- force compliance with state or federal laws, provisions of this chapter, and provisions of the municipal code. (Ord. 2209 § 3, 2020) 9.32.140 Violation. A. It is a violation of this chapter to do any of the following: 1. Conduct tobacco retailing without a permit; 2. Conduct tobacco retailing at a location that is not permitted; 3. Conduct tobacco retailing at a location that is not fixed; 4. Conduct tobacco retailing that involves the delivery of tobacco products or tobacco paraphernalia from a fixed location in the city to a customer at a dif- ferent location in the city; 5. Fail to fulfill the permittee obligations set forth in Section 9.32.070; 6. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any flavored tobacco product prohibited by Section 9.32.030; 7. Sell or offer for sale, give or furnish at no cost or nominal cost, or to possess with intent to sell or offer for sale, any electronic smoking device and related paraphernalia device prohibited by Section 9.32.050; 8. Sell or offer for sale tobacco products which do not meet the minimum package sizes and prices in Section 9.32.065; 9. Honor coupons or provide discounts to al- low a consumer to purchase a tobacco product for less than full retail price as set forth in Section 9.32.065(C); 10. Violate any local, state or federal law appli- cable to tobacco products, tobacco paraphernalia or to- bacco retailing; B. Causing, permitting, aiding, abetting or con- cealing a violation of any provision of this chapter shall also constitute a violation of this chapter; C. Each sale in violation of this chapter shall be regarded as a new and separate offense. Each day any violation of this chapter continues shall be regarded as a new and separate offense. The remedies provided in this chapter shall be cumulative and exclusive. D. Violations of this chapter are hereby de- clared to be public nuisances. E. No monetary fines under the municipal code are to be assessed on employees of the permittee for such employee’s violations of this chapter. Violations of this chapter are subject to tobacco retailer permit sus- pension or revocation as provided in Section 9.32.160. (Ord. 2209 § 3, 2020)