Ord 2017-017 - Laserfiche WebLink

Home

that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (h) Signage Violations. It is a violation of this Chapter for any licensee to violate any local, State, or Federal law regulating exterior, storefront,window, or door signage. (i) Drug Paraphernalia. It is a violation of this Chapter for any licensee or any of the licensee's agents or employees, to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia. (j) Nonsale Distribution of Tobacco Products Prohibited. (1) No tobacco retailer nor any agent or employee of a tobacco retailer shall engage in the nonsale distribution of any electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product, tobacco product or coupon in any public place. (2) No person, motivated by an economic or a business purpose, shall knowingly permit the nonsale distribution of any electronic cigarette, electronic cigarette paraphernalia, electronic cigarette product, tobacco product or coupon: (a) anywhere in any public place under the legal or de facto control of the person; or (b) through any agent or employee of the person. This provision shall not apply to coupons incidentally distributed in connection with a printed or electronic publication, such as, for example, magazines, newspapers, and websites, so long as that person's distribution of a publication containing coupons is not primarily motivated by an economic or a business purpose to distribute coupons. (k) Minimum Pack Size for Cigars. (1) Notwithstanding any other provision of this Chapter, no tobacco retailer shall sell, offer for sale, or exchange for any form of consideration: (i) Any single cigar,whether or not packaged for individual sale; (ii) Any number of cigars fewer than the number contained in the manufacturer's original consumer packaging designed for retail sale to a consumer; or (iii) Any package of cigars at a price that is less than $7.00 per five Cigars, including all applicable taxes and fees. (2) This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price exceeds either five dollars or the dollar amount adopted by resolution of the City Council and adjusted from time to time,whichever is higher. The public shall be given notice of any such resolution in the manner notice is given of ordinances of the City. (3) This subsection shall apply to cigars, cigarillos and any other cigar product regardless of the terminology used for the product. (1) Flavored Tobacco Products Prohibited. No tobacco retailer, nor any of the retailer's agents or employees, shall sell or offer for sale, or possess with intent to sell or offer for sale, any flavored tobacco product. 4-36-200 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER'S LICENSE. (a) No license shall be issued to authorize tobacco retailing at other than a fixed location. (b) No license shall be issued to authorize tobacco retailing at a location where electronic cigarettes, electronic cigarette paraphernalia, electronic cigarette products or tobacco products are prohibited from being distributed pursuant to the Zoning Code of the City of San Leandro.