Chapter 11.09
RESTRICTIONS ON ACCESSIBILITY TO CIGARETTES AND OTHER TOBACCO PRODUCTS
Sections:
11.09.030 Violations and penalties.
11.09.040 Responsibility for enforcement and notification.
11.09.060 Prohibition on electronic smoking device use.
11.09.070 Other applicable law.
11.09.010 Definitions.
For the purposes of this chapter, the following terms shall be defined as set forth herein:
“Business” means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
“City” shall mean the City of Dixon.
“Electronic smoking device” means an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an e-cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. The term “electronic smoking device” also includes, but is not limited to, any associated products including, but not limited to, refill cartridges and liquid nicotine solution, often referred to as “e-liquid.”
“Electronic smoking device retailer” means any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of electronic smoking devices are made to purchasers for consumption or use.
“Minor” shall mean any individual who is less than eighteen (18) years old.
“Person” shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity.
“Tobacco product” means any tobacco cigarette, cigar, pipe, tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
“Tobacco retailer” shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use.
“Tobacco vending machine” means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. [Ord. 12-004; Ord. 15-004 § 1.]
11.09.020 Regulation of the sale and distribution of tobacco products and electronic smoking devices.
A. Any person, business, tobacco retailer, electronic smoking device retailer or other establishment subject to this chapter shall post plainly visible signs at the point of purchase of tobacco products or electronic smoking devices which state: “THE SALE OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW.”
B. No person, business, tobacco retailer, electronic smoking device retailer or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product or electronic smoking device to an individual without requesting and examining identification establishing the purchaser’s age as eighteen (18) years or greater unless the seller has some reasonable basis for determining the buyer’s age.
C. No person, business, tobacco retailer, electronic smoking device retailer or owner, manager or operator of any establishment subject to this chapter shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use of any vending machine which dispenses any tobacco product or electronic smoking device in any place accessible to minors. Any such vending machine in existence on the effective date of this chapter shall be removed or relocated no later than thirty (30) days after the effective date of this chapter.
D. A vending machine which dispenses tobacco products or electronic smoking devices may be located in a place not accessible to minors as long as (1) the business has posted at all public entrances plainly visible signs which state “NO MINORS ALLOWED” or words to that effect, and (2) the vending machine is placed at least fifteen (15) feet from any exit and is easily viewed and supervised by the owner or responsible employee. [Ord. 12-004; Ord. 15-004 § 1.]
11.09.030 Violations and penalties.
A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this chapter to fail to comply with any of its provisions.
B. Any person, business, tobacco retailer, electronic smoking device retailer or owner, manager or operator of any establishment subject to this chapter shall have the following responsibilities:
1. To post plainly visible signs at point of purchase stating that sale of tobacco products and electronic smoking devices to minors is prohibited by law;
2. To request identification from any person buying tobacco products or electronic smoking devices which shows the purchaser is of legal age unless the seller has some reasonable basis for determining the buyer’s age;
3. To remove any tobacco or electronic smoking device vending machine that is accessible to minors in said establishment;
4. To relocate any tobacco or electronic smoking device vending machine located in a business not accessible to minors so that the vending machine is placed at least fifteen (15) feet from any exit and is easily viewed and supervised by the owner or responsible employee.
C. Any person, business, tobacco retailer, electronic smoking device retailer, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter shall be deemed guilty of an infraction, punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of this chapter within one (1) year.
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of this chapter within one (1) year.
4. Every day any such violation shall continue shall constitute a separate offense.
D. Any tobacco or electronic smoking device vending machine not removed from the premises of any establishment subject to this chapter within the time limits set forth in this chapter shall be deemed a public nuisance, and may be abated by the City in a civil action or by other appropriate legal proceedings. [Ord. 12-004; Ord. 15-004 § 1.]
11.09.040 Responsibility for enforcement and notification.
A. Enforcement of this chapter shall be the responsibility of the City Manager or his/her designee.
B. Any citizen who desires to register a complaint under this chapter may initiate a complaint with the City Manager’s office. The City Manager shall notify, and keep a record of notice, any establishment subject to this chapter of all citizen complaints under this chapter regarding apparent violation of this chapter by said person, tobacco retailer, electronic smoking device retailer, or any owner, manager or operator of any establishment subject to this chapter.
C. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter. [Ord. 12-004; Ord. 15-004 § 1.]
11.09.050 Nonretaliation.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this chapter. [Ord. 12-004.]
11.09.060 Prohibition on electronic smoking device use.
A. Use of electronic smoking devices shall be prohibited where the smoking of tobacco products is prohibited by local, state, or federal law.
B. No person, employer, or nonprofit entity shall knowingly permit the use of electronic smoking devices in an area under the legal or de facto control of the person, employer, or nonprofit entity and in which smoking of tobacco is prohibited by law. [Ord. 15-004 § 1.]
11.09.070 Other applicable law.
This chapter shall not be interpreted or construed to permit tobacco or electronic smoking device vending machines and distribution of tobacco product samples or electronic smoking device samples where they are otherwise restricted by other applicable laws. [Ord. 12-004; Ord. 15-004 § 1. Formerly 11.09.060.]