CHAPTER 15. OFFENSES--MISCELLANEOUS.
Sec. 15-41. Limitations to access to tobacco products.
(a) Purpose. The purpose of this section is to reduce the ability of
minors to purchase cigarettes by eliminating self-service displays in the
(1) Each year four hundred thousand Americans die
prematurely from tobacco-related illnesses. Tobacco use has been linked to
cancer, emphysema, heart disease and a variety of other life-threatening health
(2) These health problems create a burden for local communities,
and more specifically for the city. In addition to the health care cost for
these diseases, there is the lost human and economic contributions of each
individual who suffers from the preventable effects of tobacco use.
1994 National Household Survey on Drug Abuse showed that ninety percent of
tobacco users start well before the age of eighteen, the average child smoker
started at age thirteen, while the average age for smokeless tobacco initiation
is nine years. According to the California State Department of Health Services
Tobacco Control System, while adult tobacco use has been declining, youth use
has been rising.
(4) All fifty states, and the District of Columbia,
prohibit the sale of tobacco products to minors. California State Penal Code
Sections 308(a) and 308(b) prohibit the sale of tobacco products and
paraphernalia to minors and possession of tobacco by a minor, yet over
twenty-nine million packs of cigarettes are sold to California children
(5) The Synar Amendment to the 1992 Alcohol, Drug Abuse and Mental
Health Reorganization Act requires that states reduce sales of cigarettes to
minors to below twenty percent by the year 2000 or lose federal drug and alcohol
(6) California’s rate of sales of cigarettes to minors is
still twenty-one percent. Studies show that over forty percent of grade school
students who smoked daily have shoplifted cigarettes, at some time, from
self-service displays and that sales to minors drop by between forty percent and
eighty percent after enactment of ordinances requiring vendor-assisted sales of
(7) Similar legislation in other counties and cities in
California have reduced youth access to tobacco products without negatively
(c) Definitions. For the purposes of this section,
unless otherwise apparent from the context, certain words and phrases used in
this section are defined as follows:
“Business” means a fixed
location, whether indoors or outdoors, at which merchandise is offered for sale
“Minor” means any person under eighteen years of
“Self-service displays” means open displays of tobacco
products and point-of-sale tobacco promotional products that the public has
access to without the intervention of a store employee.
product” means any tobacco cigarette, cigar, pipe tobacco, smokeless
tobacco or any other form of tobacco or tobacco product which may be used for
smoking, chewing, inhalation or other means of
“Vendor-assisted” means only a store owner or
employee shall have access to the tobacco product and assist the customer by
supplying the product. The customer may not take possession of the product until
after it is purchased.
(d) Identification Required. No retailer or vendor
shall sell or permit to be sold cigarettes or other tobacco products to an
individual without requesting and examining photographic identification
establishing the purchaser’s age as eighteen years or greater, unless the
vendor or employee has a reasonable basis in fact to know the buyer is over the
age of eighteen.
(e) Vendor-Assisted Sales.
(1) It is unlawful for any
person, business or tobacco retailer to sell, permit to be sold, offer for sale
or display for sale any tobacco product by means of a self-service display rack
or shelf that allows self-service sales or any means other than vendor-assisted
(2) All tobacco products shall be displayed and offered for sale
exclusively by means of vendor/employee assistance, with tobacco products in a
location which requires vendor or employee assistance to retrieve the tobacco
(f) Out-of-Package Sales. No person, business, tobacco retailer, or
other establishment in the city shall sell or offer for sale cigarettes or other
tobacco products not in the original packaging provided by the manufacturer and
with all required health warnings. This section shall not apply to cigars
dispensed from bulk packaging.
(g) Posting of Signs. Any person, business,
tobacco retailer, or other establishment in the city which sells tobacco
products shall post plainly visible signs at the point of purchase of tobacco
products which comply with California State Business and Professions Code
Section 22952 (STAKE Act). All letters of the sign shall be at least one-half
inch high or larger.
(h) Severability. If any portion of this section or the
application thereof to any person or circumstances is held invalid, the
invalidity shall not affect the other provisions or applications of this section
which can be given effect without the invalid provision or application, and to
this end, the provisions of this section are
(1) Enforcement of this section shall be the
responsibility of the Woodland police chief or his or her designee, and the
Woodland code enforcement officer. Further enforcement against a person shall
not be undertaken without giving one warning to the offending business and/or
offering an education session with a staff person designated by the director of
the county health department.
(2) Notice of this section shall be given to
all applicants for a business license or renewal thereof.
(3) Any citizen
who wishes to register a complaint under this section may initiate enforcement
by bringing the matter to the attention of the staff person designated by the
director of the county health department, the Woodland police department or the
Woodland code enforcement
(1) It is unlawful for any
person who owns, manages, operates or otherwise controls the use of any premises
subject to this regulation of this section to refuse to comply with any of its
(2) Any person, business, tobacco retailer, owner, manager or
operator of any establishment subject to this section who violates any provision
of this section shall be deemed guilty of an infraction punishable by:
fine not exceeding one hundred dollars for the first violation;
(B) A fine
not exceeding two hundred dollars for a second violation within one year;
(C) A fine not exceeding five hundred dollars for a third violation and
for each additional violation of this section within one year.
(3) A person
who violates any provision of this section shall be deemed guilty of a separate
offense for each day, or portion thereof, during which the violation
(k) Public Education. The Woodland police department and the
Woodland community development department shall engage in a continuing program
to explain and clarify the purpose and requirements of this section to citizens
and businesses affected by it, and to guide owners, operators and managers in
their compliance with it. Such program may include publication of a brochure for
affected businesses and individuals explaining the provisions of this section.
(Ord. No. 1329, § 1.)