Sec. 7-2.08. Violations.
a.It shall be a violation of this Article for a tobacco retailer, or its agents or employees, to violate any federal, state, or local tobacco law or regulation.
b.It shall be a violation of this Article to sell flavored tobacco products or tobacco product flavor enhancers in violation of the California Health and Safety Code and, as a greater restriction, such prohibition in this Article does not exempt, but instead expressly applies to premium cigars, shisha tobacco products, or loose-leaf tobacco.
1.This subsection does not apply to flavored shisha tobacco products sold at 220 Olivier Street, Monterey for on-site use, so long as the retailer complies with conditions for the sale of flavored shisha tobacco products by a hookah tobacco retailer set out under subsection (c) of California Health and Safety Code Section 104559.5, and so long as the retail sale for on-site use of flavored shisha tobacco at this location is not discontinued for a period of ninety (90) consecutive days or more.
c.Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall constitute a violation.
d.Failure to prominently display the tobacco retail license in a publicly visible location at the licensed premises shall constitute a violation.
e.The failure of the tobacco retailer, or its agents or employees, to allow any peace officer or other authorized government official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulations, including any provision of this Article, at any time the business is open for business shall constitute a violation.
f.It shall be a violation of this Article for a tobacco retailer, or its agents or employees, to sell, or offer for sale, or possess with the intent to sell or offer for sale, any single-use electronic smoking product.
g.A tobacco retailer’s possession of four (4) or more flavored tobacco products creates a rebuttable presumption the retailer possesses such flavored tobacco products with intent to sell or offer for sale.
h.The following actions of a tobacco retailer, its employees or agents, create a rebuttable presumption that a tobacco product is flavored:
1.Public statements or claims that the tobacco product imparts a characterizing flavor;
2.Text and/or images on the product’s labeling or packaging to explicitly or implicitly indicate the tobacco product imparts a characterizing flavor; or
3.Other actions directed to consumers that would reasonably cause consumers to believe the tobacco or electronic cigarette product imparts a characterizing flavor. (Ord. 3674 § 6, 2023; Ord. 3663 § 3, 2023; Ord. 3654 § 7, 2022. Formerly 19-113)