HomeMy WebLinkAboutORD 2025-2547 - Chapter 9.38 Amendment - Tobacco Retailer Licensing and Restricting the Sale, Display, and Promotion of Tobacco YouthORDINANCE NO.2025 - 2547
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AMENDING TITLE 9 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER
9.38 PERTAINING TO TOBACCO RETAILER LICENSING AND RESTRICTING THE SALE,
DISPLAY AND PROMOTION OF TOBACCO TO YOUTH.
WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated
to it by the California Constitution, has the authority to enact or amend laws which promote the
public health, safety, and general welfare of its residents; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the State of
California, proceedings were duly initiated for the amendment of the National City Municipal Code;
and
WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a
public hearing was held by the City Council on September 16, 2025, and at said public hearing, all
persons interested were given the opportunity to appear and be heard before the City Council.
NOW, THEREFORE, the City Council of the City of National City, California, does
ordain as follows:
Section 1. All protests, if any, against said amendment to the Municipal Code and each
of them be and hereby are denied and overruled.
Section 2. Section 9.38 (Restricting the Sale, Display and Promotion of Tobacco
Products or Cigarettes to Minors) is hereby amended to read as follows:
Chapter 9.38 - TOBACCO RETAILER LICENSE AND RESTRICTING THE SALE, DISPLAY AND
PROMOTION OF TOBACCO TO YOUTH.
Section 9.38.010 Purpose and intent.
It is the intent of the City Council, in enacting this ordinance, to ensure compliance with the
business standards and practices of the City and to encourage responsible tobacco retailing and to
discourage violations of tobacco -related laws, especially those which prohibit or discourage the
sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which
the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided
therein. Accordingly, the City Council enacts the following regulations as not preempted by the
Federal Cigarette Labeling and Advertising Act, 15 U.S. Code sec. 1332, et seq.
Section 9.38.020 Definitions.
For purposes of this chapter:
A. "Arm's Length Transaction" means a sale in good faith and for valuable consideration that
reflects the fair market value in the open market between two informed and willing parties,
neither of which is under any compulsion to participate in the transaction. A sale between
relatives, related companies or partners, or a sale for which a significant purpose is
avoiding the effect of the violations of this chapter is not an Arm's Length Transaction.
B. "Applicant" means the Person applying for a permit pursuant to this chapter.
C. "Cannabis" has the meaning set forth in California Business and Professions Code Section
26001, as that section may be amended from time to time.
D. "Cannabis Product" has the meaning set forth in California Business and Professions Code
Section 26001, as that section may be amended from time to time.
E. "Cannabis Retailer" means any retail establishment in which cannabis or cannabis products
are sold or offered for sale to persons that do not hold a license to engage in commercial
cannabis activity issued by the State of California in accordance with the Business and
Professions Code Section 26000 et seq., as that section may be amended from time to time.
F. "Child -Resistant Packaging" means packaging that meets the definition set forth in Code of
Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was
tested in accordance with the method described in Code of Federal Regulations, title 16,
section 1700.20, as in effect on January 1, 2015.
G. "Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco
or any substance containing tobacco and weighing more than 4.5 pounds per thousand.
H. "Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing
tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which,
because of its appearance, the type of tobacco used in the filler, or its packaging and labeling,
is likely to be offered to, or purchased by, consumers as a cigarette described herein.
I. "City" means City of National City, California.
J. "Compliance checks" means systems the department uses to investigate and ensure that
tobacco retailers are following and complying with the requirements of this chapter.
Compliance checks may involve the use of persons between the ages of 18 and 20 who
purchase or attempt to purchase tobacco products. Compliance checks may also be
conducted by the department or other units of government for educational, research, and
training purposes or for investigating or enforcing federal, state, or local laws and regulations
relating to tobacco products.
K. "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or
other issue, whether in paper, digital, or other form, used for commercial purposes to obtain
an article, product, service, or accommodation without charge or at a discounted price.
�. "Delivery sale" means the sale of any tobacco product to any person for personal consumption
and not for resale when the sale is conducted by any means other than an in -person, over-
the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale
of any tobacco product when the sale is conducted by telephone, other voice transmission,
mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third
parties by any means, including curbside pick-up.
M. "Department' means the Community Development Department and any agency or person
designated by the City to enforce or administer the provisions of this chapter.
N. "Electronic Smoking Device" means an electronic device that may be used to deliver any
aerosolized or vaporized substance to the person inhaling from the device, including, but
not limited to, an e-cigarette, e-cigar, a -pipe, vape pen, or e-hookah. "Electronic Smoking
Device" includes any component, part, or accessory of the device, and also includes any
substance that may be aerosolized or vaporized by such device, whether or not the
substance contains nicotine. "Electronic Smoking Device" does not include "drugs,"
"devices," or "combination products," authorized for sale by the U.S. Food and Drug
Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act."
O. "Flavored Tobacco Product" means any tobacco product that imparts:
1. a taste or odor distinguishable by an ordinary consumer, other than the taste or odor of
tobacco, either prior to or during the consumption of such tobacco product, including but
not limited to tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa,
dessert, alcoholic beverage, mint, wintergreen, menthol, herb, or spice; or
2. a cooling or numbing sensation distinguishable by an ordinary consumer during the
consumption of such tobacco product.
P. "Full Retail Price" means the displayed price plus all applicable taxes and fees if such taxes
and fees are not included in the displayed price. For the purposes of this chapter, "Displayed
Price" means the price displayed for a tobacco product on its packaging or on any related
shelving, advertising, or display where the tobacco product is sold or offered for sale.
Q. "Little Cigar" means any roll of tobacco other than a cigarette wrapped entirely or in part in
tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per
thousand. Little Cigar includes, but is not limited to, tobacco products known or labeled as
small cigar, little cigar, or cigarillo.
R. "Manufacturer" means any person, including any repacker or relabeler, who
manufactures, fabricates, assembles, processes, or labels a tobacco product, or imports
a finished tobacco product for sale or distribution into the United States.
S. "Moveable Place of Business" means any form of business that is operated out of a kiosk,
truck, van, automobile or other type of vehicle or transportable shelter and not a fixed
address store front or other permanent type of structure authorized for sales transactions.
T. "Person" means any human being, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
U. "Pharmacy" means any retail establishment in which the profession of pharmacy is
practice by a pharmacist licensed by the State of California in accordance with the
Business and Professions Code and where prescription pharmaceuticals are offered for
sale, regardless of whether the retail establishment sells other retail goods in addition to
prescription pharmaceuticals.
V. "Proprietor" means a person with an ownership or managerial interest in a business. An
ownership interest shall be deemed to exist when a person has a 10% or greater interest in
the stock, assets, or income of a business other than the sole interest of security for debt. A
managerial interest shall be deemed to exist when a person has or shares ultimate control
over the day-to-day operations of a business.
W. "Recreation Facility" means an area, place, structure, or other facility that is used either
permanently or temporarily for community recreation, even though it may be used for other
purposes, and includes but is not limited to, a gymnasium, playing court, playing field, and
swimming pool.
X. "Sale" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial
purpose, in any manner or by any means whatsoever.
Y. "Self -Service Display" means the open display or storage of tobacco products in a manner
that is physically accessible in any way to the general public without the assistance of the
retailer or employee of the retailer and a direct face-to-face transfer between the
purchaser and the retailer or employee of the retailer. A vending machine is a form of
Self -Service Display.
Z. "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar,
cigarette, or pipe, or any other lighted or heated product containing, made, or derived from
nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for
inhalation. "Smoking" includes using an electronic smoking device.
AA. "Tobacco Product" means:
1. Any product containing, made of, or derived from tobacco or nicotine that is intended
for human consumption or is likely to be consumed, whether inhaled absorbed, or
ingested by any other means, including but not limited to, a cigarette, cigar, little
cigar, pipe tobacco, snuff, snus, or chewing tobacco;
2. Any electronic smoking device and any substances that may be aerosolized or vaporized
by such device, whether or not the substance contains nicotine; or
3. Any component, part, or accessory of (1) or (2), whether or not any of these contains
tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp
wraps, hookahs, mouthpieces, and pipes. "Tobacco Product" does not mean "drugs,"
"devices," or "combination products," authorized for sale by the United States Food and
Drug Administration, as those terms are defined in the Federal Food, Drug, and
Cosmetic Act.
BB. "Tobacco Retailer" means any person who sells, offers for sale, or exchanges or offers to
exchange for any form of consideration, tobacco products. This definition is without regard
to the quantity of tobacco products sold, offered for sale, exchanged, or offered for
exchange.
cc. "Tobacco Retailing" means engaging in the activities of a tobacco retailer.
DD. "Youth -Oriented Facility" means a parcel in the city that is occupied by:
1. a private or public kindergarten, elementary, middle, junior high, or high school;
2. a library open to the public;
3. a playground open to the public;
4. a youth center, defined as a facility where children, ages 6 to 17, inclusive, come
together for programs and activities;
5. a recreation facility open to the public, defined as an area, place, structure, or other
facility that is used either permanently or temporarily for community recreation, even
though it may be used for other purposes;
6. a park open to the public or to all the residents of a private community;
7. a licensed child-care facility or preschool (other than a small -family day care home or a
large -family day care home [as defined in California Health & Safety Code § 1596.78]).
Section 9.38.030 General requirements and prohibitions.
A. Tobacco retailer's license required. It shall be unlawful for any person to engage in tobacco retailing
in the City without first obtaining and maintaining a valid tobacco retailer's license for each location
at which tobacco retailing is to occur.
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 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 the sale of tobacco products.
C. Smoking prohibited. Smoking, including smoking for the purpose of sampling any tobacco product,
is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking
also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.
D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to
a person under 21 years of age.
E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible
location at the licensed location.
F. Positive identification required. No person engaged in tobacco retailing shall sell a tobacco product
to another person without first verifying by means of government- issued photographic identification
that the recipient is at least 21 years of age.
G. Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited.
H. On -site Sales. All sales of tobacco products shall be conducted in -person in the licensed location.
It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer's agents or
employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or
provide tobacco products to any person that intends to engage in the delivery sale of the tobacco
product in the City.
I. Posting of Signs. Every tobacco retailer shall post conspicuously in their place of business
at each point of purchase a notice stating that the sale of tobacco products and cigarettes to
persons under twenty-one 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.
a. 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 Subsection I of this
Section.
Section 9.38.040 Limits on eligibility for a tobacco retailer license.
A. Mobile Vending. No license may be issued to authorize tobacco retailing at other than a
fixed location. No tobacco retail license will be issued to a moveable place of business.
B. Licensed cannabis businesses. No license may be issued, and no existing license may be
renewed, to authorize tobacco retailing at a location licensed for commercial cannabis
activity by the State of California under Business and Professions Code Division 10.
C. Pharmacies. One year after the effective date of this ordinance, no license may be issued,
and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.
D. Proximity to youth -oriented facilities. No newly established business requesting to be
licensed for the sale of tobacco may be within 1,000 feet of a youth -oriented facility as
measured by a straight line from the nearest point of the property line of the parcel on which
the youth -oriented facility is located to the nearest point of the property line of the parcel on
which the applicant's business is located.
E. Proximity to other tobacco retailers. No newly established business requesting to be
licensed for the sale of tobacco may be within 1,000 feet of a tobacco retailer location
already licensed pursuant to this chapter as measured by a straight line from the nearest
point of the property line of the parcel on which the applicant's business is located to the
nearest point of the property line of the parcel on which an existing licensee's business is
located.
F. Proximity to cannabis retailers. No new license may be issued to authorize tobacco retailing
within 1,000 feet of an existing cannabis retailer as measured by a straight line from the
nearest point of the property line of the parcel on which the applicant's business is located
to the nearest point of the property line of the parcel on which an existing cannabis retailer
is located.
G. Measure of distance. The distance between any tobacco retail store and any school,
playground, recreation center or facility, childcare center, library, or other tobacco retailer,
or cannabis retailer, shall be measured in a straight line, without regard to intervening
structures, from the exterior of the tobacco retail store to the closest property line of the
school, playground, recreation center or facility, childcare center, or library.
H. Maximum number of licenses. The issuing of tobacco retailer licenses is limited as follows:
1. The total number of tobacco retailer licenses within the city shall be limited to 54.
2. No new license may be issued to authorize tobacco retailing if the number of
tobacco retailer licenses already issued equals or exceeds the total number authorized
pursuant to subsection (1).
I. Existing retailers. A tobacco retailer operating lawfully on the date this ordinance is adopted
may receive an exemption from Subsection D, E, F, and H, as long as all of the following
conditions are met:
1. the license is timely obtained and is renewed without lapse or revocation;
2. the tobacco retailer is not closed for business or otherwise suspends Tobacco Retailing
for more than sixty (60) consecutive days;
3. the tobacco retailer retains the right to operate under other applicable laws.
J. Change of business dispute. If the City determines that a tobacco retailer has substantially
changed their business premises or operation and the tobacco retailer disputes this
determination, the Tobacco Retailer bears the burden of proving by a preponderance of
evidence that such change(s) do not constitute a substantial change.
Section 9.38.050 Restrictions on location of tobacco products, and tobacco advertisina
displays.
A. It is unlawful for any tobacco retailer to place, maintain or cause to be placed or
maintained any tobacco product or tobacco advertising display within two feet of any candy,
snack, or non-alcoholic beverage display inside a tobacco retail store located within one
thousand feet (1,000) of any youth -oriented facility.
B. Except as allowed in subsection A, it is unlawful for any person to advertise tobacco
products within one thousand feet (1,000) of any youth -oriented facility.
C. Subsection A does not apply to commercial establishments where access to the premises
by persons under twenty-one years of age is prohibited by law.
Section 9.38.060 Sale of flavored tobacco products prohibited.
The sale of flavored tobacco products shall be regulated by state law.
Section 9.38.070 Tobacco product pricing and packaaing.
A. Packaging and labeling. No tobacco retailer shall sell any tobacco product to any consumer
unless the tobacco product: (1) is sold in the manufacturer's packaging intended for sale to
consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms
to all applicable child -resistant packaging requirements. Upon request by the City, a
licensee must provide a copy of the certificate of compliance or full laboratory testing report
for the packaging used.
B. Display of price. The price of each tobacco product offered for sale shall be clearly and
conspicuously displayed on the tobacco product or on any related shelving, posting,
advertising, or display at the location where the item is sold or offered for sale.
C. Distribution of tobacco samples or promotional items. It is unlawful for any person to
distribute free or nominally priced tobacco products.
D. Prohibition of tobacco coupons and discounts. No tobacco retailer shall:
1. honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase
a tobacco product for less than the full retail price;
2. sell any tobacco product to a consumer through a multiple -package discount or
otherwise provide any such product to a consumer for less than the full retail price in
consideration for the purchase of any tobacco product or any other item; or
3. provide any free or discounted item to a consumer in consideration for the purchase of
any tobacco product.
E. Prohibition on the sale of individual cigarettes. No tobacco retailer shall sell cigarettes
individually or in packages containing less than 20 cigarettes.
Section 9.38.080 License application_ procedure.
A. An application for a tobacco retailer's license shall be submitted in the name of each
proprietor proposing to conduct retail tobacco sales and shall be signed by each
proprietor or an authorized agent thereof. All applications shall be submitted on a form
supplied by the Department.
B. A license issued contrary to this Chapter, contrary to any other law, or on the basis of
false or misleading information shall be revoked pursuant to this Chapter. Nothing in this
Chapter shall be construed to vest in any person obtaining and maintaining a tobacco
retailer's license any status or right to act as a tobacco retailer in contravention of any
provision of law.
C. Applicant submissions must contain the following information:
The name, address, and telephone number of each proprietor of the business
seeking a license.
2. The business name, address and telephone number of the location for which a license is
sought.
3. The name and mailing address authorized by each proprietor to receive all
communications and notices required by, authorized by, or convenient to the
enforcement of this Chapter.
4. Proof that the location for which a tobacco retailer's license is sought has been issued
all necessary state license for the sale of tobacco products.
5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has
been found to have violated, this Chapter or any other local, state, or federal law
governing the sale of tobacco products and, if so, the dates and locations of all such
violations within the previous five years.
6. A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco
product without a license required by this Chapter.
7. Such other information as the Department deems necessary for the administration or
enforcement of this Chapter as specified on the application form required by this section.
8. Copies of applications for licenses and licenses issued pursuant to California
Business and Professions Code Section 22970 et seq., the "Cigarette and Tobacco
Products Licensing Act of 2003." If an application for a license pursuant to the
"Cigarette and Tobacco Products Licensing Act of 2003" has been denied, copies of
documentation regarding the reason for the denial of such license.
D. Change in information. A licensed tobacco retailer shall inform the Department in writing
of any change in the information submitted on an application for a Tobacco Retailer's
license within 10 business days of a change.
E. All information specified in an application pursuant to this section shall be subject to
disclosure under the California Public Records Act (California Government Code Section
6250 et seq.) or any other applicable law, subject to the laws' exemptions.
Section 9.38.090 License issuance and renewal.
A. Issuance of license. Upon the receipt of a complete and adequate application for a
tobacco retailer's license and the license fee required by this chapter, the Department may
grant or deny the application for license, or it may delay action for a reasonable period of time
to complete any investigation of the application of the applicant deemed necessary.
B. Denial of application. The Department may deny an application for a tobacco retailer's
license based on any of the following reasons:
1. The information presented in the application is inaccurate or false. Intentionally
supplying inaccurate information shall be a violation of this chapter;
2. The application seeks authorization for tobacco retailing at a location for which this
chapter prohibits a license to be issued;
3. The application seeks authorization for tobacco retailing for a proprietor to whom this
chapter prohibits a license to be issued; or
4. The application seeks authorization for tobacco retailing in a manner that is
prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of
this Code, or that is unlawful pursuant to any other law.
5. Any other suitable reason the granting of a license to the applicant is not consistent with
the public health and welfare, including the applicant's history of noncompliance with this
Chapter and other laws relating to the sale of tobacco products.
6. The applicant is under the age of twenty-one.
Section 9.38.100 License renewal and expiration.
A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if
the term of the license has expired. The term of a tobacco retailer license is one (1) year. Each
tobacco retailer will apply for the renewal of their tobacco retailer's license and submit the
license fee no later than thirty (30) days prior to expiration of the current license. A retailer that
fails to timely submit a renewal application and fee is ineligible for license renewal and must
submit a new application pursuant to this Chapter.
Section 9.38.110 Licenses not transferrable, past violations at retail location.
A. Licenses not transferrable. A tobacco retailer's license may not be transferred from one
Person to another or from one location to another. A new tobacco retailer's license is
required whenever a tobacco retailer has a new tobacco retailing location or a location
has a change in proprietors.
B. Past violations. Notwithstanding any other provision of this chapter, prior violations at a
location shall continue to be counted against a location and license ineligibility periods
shall continue to apply to the location unless:
1. The location has been transferred to the new Proprietor(s) in an Arm's Length
Transaction; and
2. The new proprietor(s) provide the City with clear and convincing evidence that the
new Proprietor(s) have acquired the location in an Arm's Length Transaction.
Section 9.38.120 License conveys a limited, conditional privileae.
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 limited conditional privilege to act as a Tobacco
Retailer at the location in the City identified on the face of the permit. Nothing in this chapter shall
be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable
law
Section 9.38.130 Fee for license
The fee to issue or to renew a tobacco retailer's license shall be established from time to time
by resolution of the City Council. The fee shall be calculated so as to recover the total cost of
administration and enforcement of this chapter, including, but not limited to, issuing a license,
administering the I program, retailer education, retailer inspection and compliance checks,
documentation of violations, and prosecution of violators, but shall not exceed the cost of the
regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall
be used exclusively to fund the program. Fees are nonrefundable except as may be required
by law.
Section 9.38.140 Compliance monitoring.
A. Compliance with this chapter shall be monitored by the Department. In addition, the City
may designate additional persons to monitor compliance with this chapter. All licensed
premises must be open to inspection by city staff or designated persons during regular
business hours.
B. The Department shall inspect each tobacco retailer at least one (1) time per 12-month
period.
C. The city shall conduct one compliance check per two-year period that involves the
participation of persons between the ages of 18 and 20 to enter licensed premises to attempt
to purchase tobacco products, with additional compliance checks as required.
D. Nothing in this section shall create a right of action in any licensee or other person against
the city or its agents
Section 9.38.150 Suspension or revocation of permit.
A. Notice. Upon discovery of a suspected violation, the Department shall issue the alleged
violator, either personally or by first class mail addressed to the authorized address, an
administrative citation that sets forth the alleged violation and which shall inform the
alleged violator of their right to be heard on the accusation. The administrative citation
shall comply with the requirements of Section 1.44.030 of the National City Municipal
Code.
B. Hearings. Upon issuance of an administrative citation, a person accused of violating this
Ordinance may request in writing a hearing on the matter in accordance with the procedures
set forth in Sections 1.44.070 — 1.44.120 of the National City Municipal Code.
C. Costs. If this administrative citation is upheld by the hearing officer, the city's actual
expenses in holding the hearing up to a maximum of one thousand dollars ($1,000) must
be paid by the person requesting the hearing.
D. Continued violation.
1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of
this Chapter shall constitute a separate violation of this Chapter; and
2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of
this Chapter shall constitute a separate violation of this Chapter.
E. Revocation of License Wrongly Issued. A tobacco retailer's license shall be revoked if the
Department finds, after the Licensee is afforded notice and an opportunity to be heard, that
one or more of the bases for denial of a license under this Chapter existed at the time
application was made, or at any time before the permit issued, or one or more of the
bases for denial of a renewal permit under this Chapter existed at the time the renewal
permit was issued. Notice and appeal of the revocation shall be conducted in accordance
with this section.
F. If a license issued under this chapter is suspended or revoked, all tobacco products at
the suspended or revoked tobacco retailer's location shall be removed from public view
for the duration of the suspension or revocation. The tobacco retailer additionally shall not
display any advertisement relating to tobacco products 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 for
the duration of the suspension or revocation.
Section 9.38.160 Violations and penalties.
A. Any licensee who is found to be in violation of this Ordinance, whether such violation is
determined by a hearing officer or superior court; or the Licensee has pleaded guilty, "no
contest," or its equivalent, or admitted to a violation, will be charged an administrative fine
and as well as their license suspended or revoked follows:
1. Upon a finding by the Department of a first violation of this chapter at a location,
the Licensee shall be issued a warning.
2. Upon a finding by the Department of a second violation of this chapter at a
location within any 36-month period, the licensee will be charged an
administrative fine of $300 and the license shall be suspended for 90 days.
3. Upon a finding by the Department of a third violation of this chapter at a location
within any 36-month period, the licensee will be charged an administrative fine
of $600 and the license shall be suspended for one year.
4. Upon a finding by the Department of a fourth violation of this chapter at a location
within any 36-month period, the licensee will be charged an administrative fine
of $1,000 and the license shall be revoked.
B. Tobacco retailing without a valid license. In addition to any other penalty authorized by law, if
the Department finds based on a preponderance of evidence, after notice and an
opportunity to be heard, that any person has engaged in tobacco retailing at a location
without a valid tobacco retailer's permit, either directly or through the person's agents or
employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer's
permit as follows:
�. After a first violation of this section at a location within any 36-month period, no
new permit may be issued for the person or the location (unless proprietorship of
the business at the location has been transferred in an Arm's Length
Transaction), until 90 days have passed from the date of the violation.
2. After a second violation of this section at a location within any 36-month period,
no new permit may be issued for the person or the location (unless proprietorship
of the business at the location has been transferred in an Arm's Length
Transaction), until 180 days have passed from the date of the violation.
3. After of a third or subsequent violation of this section at a location within any 36-
month period, no new license may be issued for the person or the location
(unless Proprietorship of the business at the location has been transferred in an
Arm's Length Transaction), until five years have passed from the date of the
violation.
C. Whenever evidence of a violation of this chapter is obtained in any part through the
participation of a Person under the age of 18 years old, such a Person shall not be
required to appear or give testimony in any civil or administrative process brought to
enforce this chapter and the alleged violation shall be adjudicated based upon the
preponderance of the evidence presented.
D. All tobacco retailers are responsible for the actions of their employees relating to the sale,
offer to sell, and furnishing of tobacco products at the retail location. The sale of any
tobacco product shall be considered an act of the tobacco retailer.
E. Tobacco products offered for sale in violation of this Chapter are subject to seizure by the
Department or its designee and shall be forfeited after the licensee or any other owner of the
tobacco products seized is given reasonable notice and an opportunity to demonstrate that the
tobacco products were not offered for sale in violation of this Chapter. The decision by the
Department may be appealed pursuant to the procedures set forth in Section 9.38.150.
Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller
after all internal appeals have been exhausted and the time in which to seek judicial review
pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has
expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes
final.
F. Violations of this Chapter may, at the discretion of the City Attorney, be prosecuted as
infractions or misdemeanors when the interests of justice so require.
G. Violations of this Chapter are hereby declared to be public nuisances.
H. In addition to other remedies provided by this Chapter or by other law, any violation of this
Chapter may be remedied by a civil action brought by City Attorney, including administrative or
judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for
injunctive relief.
The remedies specified in this section are cumulative and in addition to any other remedies
available under State or local law for a violation of this Code.
Section 9.38.170 Exceptions.
A. Nothing in this Chapter prevents the provision of tobacco products to any person as part of
an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
B. Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of
a tobacco product by any person not engaged in tobacco retailing.
Section 9.38.180 Construction and severability.
It is the intent of the City Council to supplement applicable state and federal law and not to duplicate
or contradict such law and this ordinance shall be construed consistently with that intention. If any
section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter, or its
application to any person or circumstance, is for any reason held to be invalid or unenforceable,
such invalidity or unenforceability shall not affect the validity or enforceability of the remaining
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Chapter, or
its application to any other person or circumstance. The City Council hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase
hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 9.38.190 Public records.
All information provided to the Department by a licensee or license applicant pursuant to this
Chapter shall be subject to disclosure under the California Public Records Act (California
Government Code section 6250 et seq.) or any other applicable law.
Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance and
adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid
or unconstitutional.
Section 4. This Ordinance shall take effect and be in force thirty (30) days from the date
of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it,
shall be published once, with the names of the members of the City Council voting for and against
the same in the Star News, a newspaper of general circulation published in the County of San
Diego, California.
INTRODUCED this 2nd day of September 2025.
PASSED and ADOPTED this 16th day of September 2025.
on Morrison, Mayor
ATTEST:
1
Shellefohapel, MMC, City Clerk
APPROVED AS TO FORM:
oallel� -d
Barry J. ch z, City Attorne
Passed and adopted by the Council of the City of National City, California, on
September 16, 2025 by the following vote, to -wit:
Ayes: Rodriguez, Yamane, Bush
Nays: Molina, Morrison
Absent: None.
Abstain: None.
AUTHENTICATED BY:
Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the
City of National City, California
By:
City rk
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 September 2, 2025 and on September 16, 2025.
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. 2025-2547 of the City Council of the City of National City, passed
and adopted by the Council of said City on September 16, 2025.
Shelley Chapel
City Clerk of the
City of National City, California
By:
�,c
Cit erk