§ 5.91.030. Limits on tobacco retailer licenses.

A.

Fixed Location Requirement. No license may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.

B.

No Drug Paraphernalia. No license may issue to authorize tobacco retailing at any location where drug paraphernalia is sold, offered for sale, or displayed for sale.

C.

No Sale of Flavored Tobacco Products.

1.

It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product.

2.

A tobacco product is presumed to be a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:

a.

Made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text and/or images on the product's labeling or packaging that are used to explicitly or implicitly communicate information about the flavor, taste, or aroma of a tobacco product.

b.

Taken actions directed to consumers that would be reasonably expected to result in consumers believing that the tobacco product imparts a characterizing flavor.

3.

Exemption for "tobacco stores."

This Section does not apply to the sale or offer for sale of flavored tobacco products by a "tobacco store."

(Ord. 12867 § 2 (part), 2008; Ord. No. 13452, § 2, 9-19-2017)