§ 5.91.100. Other requirements and prohibitions.

A.

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:

1.

Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, tobacco retailing, or smoking, including without limitation Oakland Municipal Code Chapter 8.30.

2.

Violate any local, state, or federal law regulating exterior, storefront, window, or door signage.

3.

Violate any local, state or federal law regulating the sale, offer for sale, or display for sale, of any drug paraphernalia.

4.

Operate in any manner that adversely affects the health, safety or welfare of persons residing or working in the surrounding area, or in any manner that constitutes a public nuisance.

5.

Violates any local or state law regulating the sale of cannabis including but not limited to Business and Professions Code Section 26054 (which provides nonmedical cannabis licensees shall not also be licensed as a retailer of tobacco products).

B.

Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

C.

Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia (currently set at age of twenty-one (21) years, except in the case of active duty military personnel at least eighteen (18) years of age and in possession of military identification).

D.

Minimum Age for Persons Selling Tobacco. No person who is younger than eighteen (18) years of age shall engage in tobacco retailing.

E.

Self-Service Displays Prohibited. No tobacco retailer shall display tobacco products or tobacco paraphernalia by means of a self-service display or engage in tobacco retailing by means of a self-service display.

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

Editor's note

See the editor's note to § 5.91.040.