Chapter 8.39
TOBACCO OR ELECTRONIC CIGARETTE RETAILERS, ELECTRONIC CIGARETTES, VAPOR LOUNGES AND DRUG PARAPHERNALIA
Sections:
8.39.020 Tobacco or electronic cigarette retailer.
8.39.021 Tobacco or electronic cigarette retailer license.
8.39.030 Vapor lounges prohibited.
8.39.040 Electronic cigarettes – Additional regulations.
8.39.010 Definitions.
For the purpose of this chapter, the following words and phrases shall mean:
“Electronic cigarette” means an electronic or battery operated device, the use of which may resemble smoking, that can be used to deliver an inhaled dose of nicotine or other substances. The term includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, pipe, hookah, or any other device or product name or descriptor. The term does not include any medical inhaler prescribed by a licensed doctor.
“Smoking” means processing, using, or lighting of tobacco or tobacco paraphernalia (including, but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or using an electronic smoking device/electronic cigarette.
“Tobacco or electronic cigarette retailer” means any person or business that: (1) operates a store, stand, booth, concession or other place at which the person or business sells, offers for sale, exchanges or offers to exchange for any form of consideration electronic cigarettes, tobacco products, tobacco paraphernalia, or both, and (2) devotes more than five percent of the floor area or product display area to the wholesale or retail sale, distribution, or exchange of electronic cigarettes, tobacco products, or tobacco paraphernalia.
“Vapor lounge” means an establishment other than a tobacco or electronic cigarette retailer where electronic cigarettes are smoked on premises. (Ord. 1021 § 5, 2015)
8.39.020 Tobacco or electronic cigarette retailer.
It is unlawful for any person to establish or operate as a tobacco or electronic cigarette retailer without first obtaining a use permit pursuant to Chapter 17.14 SMC. (Ord. 1021 § 5, 2015)
8.39.021 Tobacco or electronic cigarette retailer license.
A. The provisions of Monterey County Code Chapter 7.80 entitled Tobacco Retailer License, pertaining to tobacco retailer permits, are hereby adopted by the city of Seaside and incorporated by reference into this code and shall be enforced within the jurisdictional boundaries of the city.1
B. For purposes of the city of Seaside the following shall apply to the incorporation of the Monterey County ordinance into the Seaside Municipal Code:
All references to the term “unincorporated areas of the County of Monterey” in the Monterey Code shall be amended to include the term “City jurisdictional boundaries” in the Seaside Municipal Code. All references to the term “Code” in the Monterey County Code shall be to the term “Seaside Municipal Code.” All references to the term “County” or “County of Monterey” shall be to the term “City of Seaside.” All references to the term “Board of Supervisors of the County of Monterey” shall be to the term “Seaside City Council.” All references to the term “District Attorney” in the Monterey County Code shall be to the term “City Attorney.” All references to the term “law enforcement officer” shall be to the term “Seaside Police Officer.” All references to the “Date of Implementation” shall be to the “thirty-first day following its adoption.” The chapter numbering and section references to 7.80 shall be updated to reflect this section. (Ord. 1076 § 4, 2020)
8.39.030 Vapor lounges prohibited.
Vapor lounges are prohibited. (Ord. 1021 § 5, 2015)
8.39.040 Electronic cigarettes – Additional regulations.
A. No business, establishment or owner or employee thereof shall sell, give, or furnish any electronic cigarette to any person without first examining that person’s official identification to confirm that the person is at least eighteen years of age.
B. The use or display of electronic cigarettes by means of a self-service display counter-top, or shelf that allows any self-service customer access, is prohibited. For these purposes, “self-service display” means open display or storage of electronic cigarettes in a manner that is physically accessible in any way to the general public without the assistance of a retailer or employee of a retailer. A vending machine is a form of self-service display.
C. All electronic cigarettes shall be stored only in a locked case, behind counters out of reach of customers, or in a similar location that is inaccessible to customers, requiring seller assistance for the customer to obtain access. (Ord. 1021 § 5, 2015)
8.39.050 Drug paraphernalia.
A. Except as otherwise authorized by state law, no person shall maintain or operate any place of business in which drug paraphernalia is kept, displayed or offered in any manner, sold, furnished, transferred, or given away.
B. For purposes of this chapter, “drug paraphernalia” is defined as it is defined in California Health and Safety Code Section 11014.5, as now exists or may be amended in the future. (Ord. 1021 § 5, 2015)
Code reviser’s note: the web version of this section includes a link to Monterey County Code Chapter 7.80.