§ 32A-3. Requirements and prohibitions.

(a)

Tobacco Retailer's License Required. It shall be unlawful for any person to act as a tobacco retailer in the county without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law.

(b)

Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license is issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.

(c)

Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

(d)

Positive Identification Required for Sale. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.

(e)

Minimum Age for Persons Selling Tobacco. No person who is younger than eighteen (18) years of age shall engage in tobacco retailing.

(f)

Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

(g)

False and Misleading Advertising Prohibited. A tobacco retailer or a proprietor without a valid tobacco retailer license, including, for example, a person whose license has been suspended or revoked:

(1)

Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 32A-3(a); and

(2)

Shall not display any advertisement relating to tobacco products or tobacco paraphernalia 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)

Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless such product: (1) is sold in the original manufacturer's packaging intended for sale to the consumer; and (2) conforms to all applicable federal labeling requirements.

(i)

Drug Paraphernalia. It shall be 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, such as, California Health and Safety Code Section 11364.7.

(j)

Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.

(k)

Minimum Price for Cigarettes, Little Cigars, and Cigars. No tobacco retailer shall sell to a consumer:

(1)

A package of cigarettes at a price that is less than seven dollars ($7.00) per package of twenty (20) cigarettes, including all applicable taxes and fees.

(2)

A package of little cigars at a price that is less than seven dollars ($7.00), including all applicable taxes and fees.

(3)

A package of cigars at a price that is less than seven dollars ($7.00), including all applicable taxes and fees.

(4)

The minimum prices established in this section shall be adjusted annually (percent change in the annual average, not seasonally adjusted) by the department in proportion with the Consumer Price Index: All urban consumers for all items for the San Francisco-Oakland-San Jose, CA statistical area as reported by the United States Bureau of Labor Statistics or any successor to that index.

(l)

Positive identification required for entry: Significant tobacco retailers. No significant tobacco retailer shall allow the following individuals to enter its premises: (1) any individual who is younger than the minimum age established by state law for the purchase or possession of tobacco products; (2) any individual who appears to be under the age of twenty-seven (27) years, unless an examination of the individual's identification confirms that the individual is at least the minimum age under state law to purchase and possess tobacco products.

(m)

Subsection (k) shall not become effective until January 1, 2018.

(Ord. No. 6239 , § I, 8-28-2018; Ord. No. 6234 , § I, 7-10-2018; Ord. No. 6149, § I , 4-19-2016)