HomeMy WebLinkAbout99-05 Prohibiting Self-Service Tobacco ProductsORDINANCE NO. 99- 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, ADDING CHAPTER 1 Y2
TO TITLE 11 OF THE COSTA MESA MUNICIPAL CODE
PROHIBITING SELF-SERVICE TOBACCO PRODUCTS.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Costa Mesa, California, does
hereby find and declare as follows:
A. WHEREAS, the City Council finds that the smoking of tobacco, or any
other weed or plant, is a positive danger to health and a material annoyance,
inconvenience, discomfort and a health hazard to those who are present in confined
spaces, and that smoking rates are on the increase among the youth population of
Orange County; and
B. WHEREAS, the California Legislature has made it unlawful for any
person, firm or corporation to knowingly sell, give, or in any way furnish to another
person under the age of 18 years any tobacco, cigarette or any other preparation of
tobacco; and
C. WHEREAS, in order to promote public health and safety, the declared
purposes of this ordinance .are to reduce the unsupervised availability of tobacco
products to minors; and
D. WHEREAS, the retail display of tobacco products, when located to
allow access without the assistance of retailers' employees ("self-service display"),
may in certain circumstances make tobacco products more accessible to minors;
and
E. WHEREAS, the prohibition of self-service displays and vending
machine sales of tobacco products will restrict access to tobacco products by
minors and provide an additional safeguard against theft of tobacco products; and
F. WHEREAS, the prohibition of self-service displays and vending
machine sales of tobacco products will serve to protect the public health, safety
and general welfare.
Section 2. Chapter 1 1/2 of Title 11 of the Costa Mesa Municipal Code is
hereby added to read as follows:
"CHAPTER 1-1/2. TOBACCO SALES REGULATIONS
TO PROTECT MINORS.
"Sec. 11-17. Definitions.
(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.
(c) "Cigar Lounge" means a private enclosed area in or attached to
a retail or wholesale tobacco shop that is dedicated to the use of tobacco products
including, but not limited to, cigars and pipes.
(d) "City" shall mean the City of Costa Mesa.
(e) "Employee" 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 nonprofit entity.
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of age.
(f) "Minor" means any individual who is under eighteen (18) years
(g) "Person" shall mean any individual, partnership, cooperative
association, private corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
(h) "Restricted Tobacco Sales Area" shall mean any area of a retail
business that satisfies the following requirements:
(1) The area is set aside for the exclusive display and sale of
tobacco products and related accessories.
(2) There is a single, restricted entrance to and exit from the
area which is located next to a sales counter and allows
passage of no more than two people at a time.
(3) There is an adult sales clerk who is continually present at
the sales counter while the business is open to the public.
(4) The sales clerk monitors access into the restricted area and
denies entrance to minors, unless accompanied by a parent
or a responsible adult.
(5) There is a sign prominently posted at the entrance to the
restricted area that says, in substance: "RESTRICTED
TOBACCO SALES AREA. NO MINORS ALLOWED, unless
accompanied by a parent or a responsible adult." The sign
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shall meet standards established by the City Manager, or his
designee.
(i) "Self-service display" means the open display of products to
which the public has access without the intervention of a store employee including,
but not limited to, a rack, shelf, vending machine or counter -top display.
(j) "Tobacco product" means any manufactured substance made
from the tobacco plant including, but not limited to, cigarettes, cigars, pipe
tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared
from tobacco and designed for smoking, chewing or other manner of ingestion.
(k) "Tobacco Shop" means a business establishment whose main
purpose is the sale of tobacco products including, but not limited to, cigars, pipe
tobacco, and smoking accessories.
(1) "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 product.
(m) "Vendor -assisted sale" means a purchase requiring a direct,
face-to-face exchange between the retailer and the customer, in which the vendor
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.
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Sec. 11-18 Requirement of vendor -assisted sales.
It shall be unlawful for any person, business or tobacco retailer to sell,
permit to be sold, or offer for sale any tobacco product by means of a self-service
display, including a cigarette vending machine, or by any means other than vendor -
assisted sales. This prohibition shall not apply to Tobacco Shops, Cigar Lounges,
or Restricted Tobacco Sales Areas.
Section 11-19. Non -Retaliation.
(a) 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.
(b) No person shall intimidate or threaten any reprisal or effect any
reprisal for the purpose of retaliating against another person because such other
person seeks to attain compliance with provisions of this chapter."
Section 3. Publication.
This Ordinance shall take effect and be in full force and effect thirty (30)
days from and after its passage and, before the expiration of fifteen (15) days after
its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
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a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this /7 -rd day of li7iQ y 1999.
ATTEST:
Deputy Ci Clerk
City of CoMa Mesa
A
Mayor
APPROVED AS TO FORM:
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Ordinance No. 99-5 was introduced and considered section by section at a regular
meeting of the City Council held on the V day of May, 1999, and thereafter passed
and adopted as a whole at, a regular meeting of the City Council held on the 17th day
of May, 1999, by the following roll call vote:
AYES: Cowan, Somers, Dixon
NOES: Monahan, Erickson
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 18`' day of May, 1999.
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Deputy Ci Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa
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Deputy Ci Clerk and ex -officio Clerk of
the City C ncil of the City of Costa Mesa