The failure of tobacco retailers to comply with all tobacco control laws, particularly
the sale of tobacco products to minors, presents an imminent threat to the public
health, safety and welfare. A local licensing program for tobacco retailers is intended
to ensure that tobacco retailers comply with tobacco control laws and business standards
of the city and to protect the health, safety and welfare of those persons who reside
in, work in and visit this city. State law explicitly permits cities to enact local
tobacco retail licensing ordinances and allows for the suspension or revocation of
a local license for a violation of any state tobacco control law. A requirement for
a tobacco retailer license will not unduly burden legitimate business activities of
retailers who sell or distribute tobacco products to adults but will allow the city
to regulate the operation of lawful businesses to discourage violations of federal,
state and local tobacco-related laws. The city has a substantial interest in promoting
compliance with federal, state and local laws intended to regulate tobacco sales and
use; in discouraging the illegal purchase of tobacco products by minors; in promoting
compliance with laws prohibiting sales of tobacco products to minors; and in protecting
children from being lured into illegal activity through the misconduct of adults.
This chapter is adopted to encourage responsible tobacco retailing and to discourage
violation of tobacco-related laws, especially those that prohibit or discourage the
sale or distribution of tobacco products to minors. This chapter does not expand or
reduce the degree to which the acts regulated by federal or state law are criminally
proscribed or alter the penalties provided by such laws.
(Ord. 28875.)
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