HomeMy WebLinkAboutCC ORD 2000-2172 Adds Ch. 9.38, sale, display and promotion of tobacco products to minors (9.38)ORDINANCE. NO. 2000 - 2172
AN ORDINANCE AMENDING TITLE 9, OF THE
NATIONAL CITY MUNICIPAL CODE BY ADDING
CHAPTER 9.38 AND SECTIONS 9.38.010 THROUGH 9.38.100
PERTAINING TO RESTRICTING THE SALE, DISPLAY AND
PROMOTION OF TOBACCO PRODUCTS TO MINORS.
WHEREAS, the City Council of the City of National City finds that there is
compelling evidence supporting a direct correlation between tobacco advertising and promotion
and underage smoking; and
WHEREAS, state laws prohibit underage smoking, including the selling, giving,
or furnishing of cigarettes to any person under the age of eighteen years, and the purchasing,
receiving, or possessing of cigarettes by any person under the age of eighteen years, and the use
of tobacco products by students at public school campuses and events; and
WHEREAS, certain tobacco product manufacturers have publicly admitted
engaging in strategies designed to advertise and promote tobacco products to minors; and
WHEREAS, tobacco display and advertising in public places is inimical to the
enforcement of laws enacted by the State of California designed to limit the purchase and use of
tobacco products to the adult population; and
WHEREAS, promoting the use of tobacco products displayed on or in retail
stores next to candy, snack and soda displays target underagcd youth and are inimical to the
enforcement of laws enacted by the State of California that are designed to limit the purchase and
use of tobacco products to the adult population; and
WHEREAS, studies have shown that minors who are aware of tobacco
promotions are twice as likely to use tobacco, and minors who participate in tobacco promotions
are nine times more likely to use tobacco; and
WHEREAS, tobacco promotion creates a threat to the safety and welfare of the
young, an inducement to violate the laws concerning the purchase and possession of tobacco by
minors, and an inducement for minors to begin to use tobacco products; and
WHEREAS, it is the intent of the City Council of the City of National City in the
enactment of this ordinance to further discourage and reduce illegal sales and furnishing of
tobacco products to minors by requiring retailers to implement identification and other
procedures designed to reduce the likelihood of sales to minors; and
WHEREAS, the Council finds that the City has a substantial interest in reducing
illegal sales of tobacco products to persons under eighteen years of age; and
WHEREAS, the Council finds that further regulation can promote the public
welfare by further discouraging the commercial exploitation of potential underage smokers.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
National City as follows:
Section 1. That Title 9 of the National City Municipal Code is hereby amended
by adding Chapter 9.38.010 through 9.38.100 to read as follows:
CHAPTER 9.38
RESTRICTING TI IE SALE, DISPLAY AND PROMOTION
OF TOBACCO PRODUCTS TO MINORS
Sections:
9.38.010 Purpose and intent.
9.38.020 Definitions
9.38.030 Measure of distance
9.38.040 Location of Tobacco products and advertising displays inside retail
establishments
9.38.050 Exceptions to location of tobacco products and advertising displays inside
establishments
9.38.060 Self-service sale and distribution of tobacco products --Prohibited
9.38.070 Distribution of free tobacco samples or promotional items --Prohibited
9.38.080 Posting of signs regarding tobacco sales to minors
9.38.090 Extensions for compliance
9.38.100 Enforcement
Section 9.38.010 Purpose and intent. It is the purpose and intent of the City Council
to enact regulations governing the sale or display of tobacco products in the City as a menace
affecting the public health and welfare of its citizens, and particularly minors. Accordingly, the
Council, for the reasons expressed in the preamble to Ordinance No. 2000 — 2172 enacts
the following regulations.
9.38.020 Definitions. For purposes of this Chapter 9.38:
"Advertising display" means a sign, sign -board, billboard, poster, or banner that is
temporarily or permanently placed within a building, or is displayed in the window(s) of a
commercial establishment, and is used to advertise or promote products. It does not include
printed material on the container of a product sold at retail.
"Playground" means any outdoor premises or grounds owned or operated by the City, a
public or private school, childcare center. or youth or recreational center, that contains any play
or athletic equipment used or intended to be used by minors.
"Recreation center or facility" means any recreation center or facility under the control,
direction or management of the City.
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Sale, Display and Promotion
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"School" means any public or private elementary or secondary school, attendance at
which satisfies the compulsory education laws of the State of California.
"Self-service display" means an open display of tobacco products that the public has
access to without the intervention of an employee.
"Tobacco advertising display" is an advertising display that concerns tobacco products.
"Tobacco product" means any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and dipping tobacco.
"Vendor -assisted" means that only a store employee has access to the tobacco product
and assists a customer by supplying the product, and the customer does not take possession of
the product until it is purchased.
Section 9.38.030 Measure of distance. The distance between any store or business
that sells tobacco products and any school, playground, recreation center of facility, childcare
center, or library, shall be measured in a straight line, without regard to intervening structures,
from the store or business to the closest property line of the school, playground, recreation center
or facility, childcare center, or library.
Section 9.38.040 Location of tobacco products and advertising displays inside retail
establishments. A. It is unlawful for any person, business, or tobacco retailer to place or
maintain, or cause to be placed or maintained, any displays containing tobacco products within
two feet (2') of any candy, snack, or non-alcoholic beverage display inside stores or businesses
that are located within 1,000 feet of the premises of any school, playground, recreation center or
facility, childcare center or library.
B. It is unlawful for any person, business, or tobacco retailer to place or maintain, or
cause to be placed or maintained, any tobacco advertising display within two feet (2') of candy,
snack, or non-alcoholic beverage displays, inside stores or businesses that sell tobacco products
and which are located within 1,000 feet of the premises of any school, playground, recreation
center or facility, childcare center, or library.
Section 9.38.050 Exceptions to location of tobacco products and advertising displays
inside retail establishments. A. Section 9.38.040 does not apply to commercial establishments
where access to the premises by persons under eighteen years of age is prohibited by law.
B. Section 9.38.040A does not apply in any establishment to displays containing
tobacco products which are not accessible and not visible to patrons, or to displays located
above, behind or below a sales counter and which are not accessible to patrons. Any display
containing tobacco products shall not be used as an "advertising display" as defined in Section
9.38.020.
Section 9.38.060 Self-service sale and distribution of tobacco products --Prohibited.
It is unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale,
or display for purposes of sale, by means of self-service displays or by any means other than
vendor -assisted sales, any tobacco products.
Section 9.38.070 Distribution of free tobacco samples or promotional items --
Prohibited. It is unlawful for any person, business, or tobacco retailer to distribute free tobacco
products or promotional items, except in enclosed areas where minors are not permitted.
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Sale, Display and Promotion
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Section 9.38.080 Posting of signs regarding tobacco sales to minors.
A. Every person who sells or deals in tobacco products shall post conspicuously in their
place of business at each point of purchase a notice stating that the sale of tobacco products to
persons under eighteen years of age is prohibited by law and subject to penalties. The notice
shall also state that photo identification is required to purchase tobacco products. The letters of
the sign shall be at least one-half inch in height.
B. Any sign meeting the content requirements of California Business and
Professional Code Section 22952(b) and regulations promulgated thereunder, and the posting
requirements of California Penal Code Section 308(c), satisfies Section 9.38.080(A).
C. it is unlawful for any person who sells or deals in tobacco products to fail to post
a sign in accordance with Section 9.38.080(A) or (B).
Section 9.38.090 Extensions for compliance. A. Any business that needs to make
modifications to its business premises in order to comply with Sections 9.38.040, 9.38.060, or
9.38.080 of this Chapter must comply within sixty calendar days after May 4, 2000
B. Any business owner may apply to the City Manager, through the Planning
Director, for a reasonable extension of time within which to comply with Sections 9.38.040,
9.38.060 or 9.38.080 of this Chapter, provided that the application for extension is submitted on
or before the last day of the sixty day compliance period.
C. An extension may be granted only for good cause for a maximum of one year
from the effective date. "Good cause" means that the extension is necessary to prevent the
business from suffering unreasonable financial hardship, or to prevent unreasonable disruption in
business operations.
Section 9.38.100 Enforcement. A. Violations of this Chapter shall be prosecuted as
infractions for the first offense, and may be prosecuted as misdemeanors for subsequent offenses,
subject to the penalties provided in Municipal Code Section 1.20.010. In addition, injunctive
relief, civil penalties or administrative remedies provided in Title 1 of this Code, may be sought
or imposed for violations.
B. This chapter may be enforced by any police officer, building inspector, code
conformance officer, business license inspector or fire inspector.
Section 2. The City Clerk is hereby instructed to insert this ordinance number and the
effective date of this ordinance, once known, in the blank spaces provided in Municipal Code
Sections 9.38.010 and 9.38.090.
-- Signature Page to Follow --
2000 Ordinance
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Sale, Display and Promotion
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Ordinance No. 2000- 2172
PASSED and ADOPTED this
ATTEST:
Michadl R. Dalla, City 1erk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
4th
day of April, 2000.
Geo ge H. Waters, Mayor
2000 Ordinance
5 Sale, Display and Promotion
of Tobacco Products to Minors
Passed and adopted by the Council of the City of National City, California, on April 4, 2000, by
the following vote, to -wit:
Ayes: Councilmembers Beauchamp, In unza, Morrison, Soto, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: GEORGE H. WATERS
By:
Mayor of the City of National City, California
City Ierk of the Cit f.f National City, California
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
March 28, 2000, and on April 4, 2000.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2000-2172 of the City Council of the City of National City, passed and
adopted by the Council of said City on April 4, 2000.
City Clerk of the City of National City, Califomia
By:
Deputy