§ 8.23.110. Tobacco retailer license required.

(a)

It shall be unlawful for any person to act as a tobacco retailer 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 public nuisance.

(b)

A tobacco retailer or proprietor without a valid tobacco retailer license, including a person whose license has been suspended and/or revoked:

(1)

Shall not sell any tobacco products and/or tobacco paraphernalia.

(2)

Shall keep all tobacco products and tobacco paraphernalia out of public view.

(3)

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.

(4)

The public sale or display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 8.23.210.

(c)

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the right to act as a tobacco retailer at the location in the county identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code Section 6404.5.

(Ord. No. 3159 § 2, 8-19-08)