HomeMy WebLinkAboutOrd 1996-2693 ORDINANCE NO. 2693
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 5,56 "TOBACCO AND WEED SALES AND SMOKING"
OF THE CHULA VISTA MUNICIPAL CODE TO PROHIBIT SELF-
SERVICE SALES OF CIGARETTES, TOBACCO, AND WEED
PRODUCTS
The City Council of the City of Chula Vista does ordain as follows:
SECTION h That Chapter 5.56 of the Chula Vista Municipal Code is amended to read
as follows:
5.56.010 Intent and purpose of provisions.
It is the intent of this chapter to provide regularDry measures for the use, sale or
possession of tobacco and tobacco products, as well as other weed, plant, vegetable or other
non-tobacco products used for the purpose of smoking, to protect the health, safety and
general welfare of all citizens from the problems and discomfort of air pollution by the
smoking of pipes, cigars or cigarettes in certain places of public assemblage and to reinforce
the prohibition on the use of tobacco, tobacco products and weed, plant, vegetable or other
non-tobacco products used for the purpose of smoking, by youths under the age of eighteen,
in the interest of reducing the demonstrated hazards to health resulting in the use of such
products, especially cigarettes. It is the purpose of the city council to eliminate the easy
availability of such products to minors, particularly by means of the unsupervised or poorly
supervised rending machines, by imposing strict standards of responsibility upon the owners
or lessees of the premises where said vending machines are located.
5.56.020 Definitions.
For the purposes of Section 5.56, the following words are defined as follows, unless
otherwise set forth:
A. "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.
B. "Effective Date" means January 16, 1997, the date this Ordinance becomes effective.
C. "Employe~~' means any person who is employed by any employer in consideration for
direct or indirect wages or profit, and any person who volunteers his or her services
for a non-profit entity.
D. "Minor" means any individual who is less than eighteen years old.
E. "Non-profit entity" means any corporation, unincorporated association or other entity
created for charitable, philanthropic, educational, character-building, political, social or
other similar purposes, the net proceeds from the operations of which are committed
to the promotion of the objectives or purposes of the entity and not to private gain.
A public agency is not a "non-profit entity" within the meaning of this section.
Ordinance 2693
Page 2
F. "Person" shall mean any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
G. "Self-service merchandising" means open display of tobacco products and point-of-sale
tobacco-related promotional products that the public has access to without the
intervention of an employee.
H. "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, inhaling or other manner of ingestion.
I. "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.
J. "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.
K. "Vendor-assisted" means only a store employee has access to the tobacco product and
assists the customer by supplying the product. The customer does not take
possession of the product until it is purchased.
5.66.030. Signage Required.
No person or business shall engage in the sale of a tobacco product without first
posting a plainly visible sign at the point of purchase of tobacco products which states "The
SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS
PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO". The letters of
the sign shall be at least one quarter inch (1/4") high.
5.56.040. Examining Identification.
No person, business, tobacco retailer, or owner, manager or operator of any
establishment subject to this ordinance shall sell, offer to sell or permit to be sold any tobacco
product to an individual without requesting and examining identification establishing the
purchaser's age as eighteen years or greater unless the seller has some reasonable basis for
determining the buyer's age.
5.56.050. Original packaging required.
No person, business, tobacco retailer or other establishment shall sell or offer for sale
cigarettes or other tobacco or smoking products not in the original packaging provided by the
manufacturer and with all required health warnings.
5.56.060. No Self-Service Sale.
It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be
sold, offer for sale or display for sale any tobacco product by means of self-service
merchandising or by means other than vendor-assisted sales.
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5.56,070. Purchase, use or possession by minors prohibited.
It is unlawful for any person under the age of eighteen years to buy, smoke or have
in their possession with intent to use for smoking purposes upon any street or in any public
place within the city any tobacco, tobacco products, cigarettes, cigarette papers, or any
weed, plant, vegetable or other non-tobacco substitute cigarettes.
5.56,075. No Vending Machine Sale.
Except as provided in Section 5.56.400, no person, business, or tobacco retailer shall
locate, install, keep maintain or use, or permit the location, installation, keeping, maintenance
or use on his, her or its premises any vending machine for the purposes of selling or
distributing any tobacco product.
5.56,080 Vending machines-Supervision and control required.
Every person, firm or corporation which owns or leases premises where a vending
machine dispensing tobacco, tobacco products, particularly cigarettes, or tobacco substitutes,
is allowed to be maintained, pursuant to Section 5.56.400, shall locate said vending machine
at least fifteen (15) feet away from the entrance of the premises and in a place or position
within said premises clearly visible from the place or position where the owner or lessee or
the employee or agent of the owner or lesser normally or customarily conducts the business
being operated on said premises, so as to afford a clear and unobstructed view of said
rending machine and the person or persons purchasing the products dispensed by said
machine by said owner or lessee or the employee or agent of the owner or lessee. Further,
strict supervision and control of the use of said vending machine shall be maintained
throughout the hours of the operation of the business and the failure to do so, resulting in the
purchase of tobacco, tobacco products, especially cigarettes, or tobacco substitutes, by a
minor from any such rending machine shall be presumed to be a violation of this chapter and
Section 308 of the Penal Code of the state of California by the owner or lessee or the
employee or agent of the owner or lessee charged with the responsibility for such control and
supervision.
5.56.090. Other Applicable Laws.
Chapter 5.56 shall not be interpreted or construed to permit tobacco rending machines
and distribution of tobacco product samples where they are otherwise restricted by other
applicable laws.
5.56.100. Violation, Enforcement and Penalties.
A. Any person, business or tobacco retailer who violates any provision of this Section
shall upon conviction thereof be punished as specified in Chapter 1.20 of this Code.
B. The owner, operator or manager of any public place or place of employment within the
purview of this chapter shall comply herewith. Such owner, operator or manager shall
post or cause to be posted all signage required by Chapter 5.56.
C. It shall be the responsibility of employers to disseminate information concerning the
provisions of Chapter 5.56 to its employees.
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5.56.200. Severability.
If any provision of Chapter 5.56 or the application thereof to any person or
circumstances is held invalid that invalidity shall not affect other provisions or applications of
the act which can be given effect without the invalid provision or application and to this end
the provisions of Chapter 5.56 are severable.
5.56.300. Compliance Period.
A. Any business that only sells tobacco products and only by means of self-service
merchandising, pursuant to a valid business license issued by the City prior to the
Effective Date, shall be allowed to continue to sell its products by such means for a
period of ninety (90) days from the Effective Date and shall thereafter be subject
forthwith to make the modifications necessary to comply with Chapter 5.56. Any
business owner may apply to the City Manager or designee for an extension of time
in which to comply with Chapter 5.56. The extension may be granted for a reasonable
period of time, in no event to exceed one year from the Effective Date, in order to
prevent the business owner from suffering unreasonable financial hardship or
disruption in business operations.
B. Businesses, other than those described by 5.56.300 (A), which need to make
modifications to the business premises to comply with Section 5.56.060 must comply
within 60 days after the Effective Date. Any business owner may apply to the City
Manager or designee for an extension in which to comply with Chapter 5.56. The
extension may be granted for a reasonable period of time, in no event to exceed one
year from the Effective Date, in order to prevent the business owner from suffering
unreasonable financial hardship or disruption in business operations.
5.56.400. Exceptions.
Any business which sells tobacco-related products is exempt from Chapter 5.56 if
persons under the age of 18 years are excluded from entering the business premises (as
premises is defined by California Business and Professions Code Section 23039) in
accordance with other applicable laws. In such instances, the business shall comply with the
provisions of Section 5.56.080.
SECTION Ih This ordinance shall take effect and be in full force on the thirtieth day
from and after its second reading and adoption.
Presented by Approved as to form by
Ordinance 2693
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chule Vista,
California, this 17th day of December, 1996, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas, Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley, Horton, Mayor
ATTEST:
Beverly 4(. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2693 had its first reading at a regular meeting held on the 10th
day of December, 1996 and its second reading and adoption at a regular meeting of said City
Council held on the 17th day of December, 1996.
Executed this 17th day of December, 1996.
~Authelet, City Clerk