HomeMy WebLinkAbout1325lip-
ORDINANCE NO. 1325 (1997 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADDING CHAPTER 8.18 OF THE SAN
LUIS OBISPO MUNICIPAL CODE RESTRICTING THE
DISPLAY OF TOBACCO PRODUCTS FOR THE PURPOSES
OF SALE AND PROHIBITING THE SALE OF TOBACCO
PRODUCTS TO MINORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AS FOLLOWS: `
SECTION 1. Chapter 8.18 of the San Luis Obispo Municipal Code is hereby
added to read as follows:
Chapter 8.18
REGULATION OF THE SALE AND DISTRIBUTION
OF TOBACCO PRODUCTS
SECTIONS:
8.18.010
Posting of Signs.
8.18.020
Sales to Minors.
8.18.030
Self- Service Sales of Tobacco.
8.18.040
Out of Package Sales.
8.18.050
Violation - Penalty.
8.18.010 Posting of Signs.
Any person, business, tobacco retailer, or other establishment subject to this
chapter shall post plainly visible signs at the point of purchase of tobacco products
which state:
"SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW,
PHOTO I.D. REQUIRED."
The letters of said signs must be at least one -half inch (1/2 ") high.
At,tach.mevit A 01325
t--
Ordinance No. 1325(1997 Series)
Page Two
8.18.020 Sales to Minors.
No person, business, tobacco retailer, or owner, manager, or operator of any
establishment subject to this chapter shall sell, offer to sell or permit to be sold any
tobacco product to an individual without requesting and examining identification
establishing the purchaser's age as eighteen years or greater unless the seller has
some reasonable basis for determining that the buyer is at least eighteen years of age.
8.18.030 Self - Service Sales of Tobacco.
A. Sales of Tobacco Products by the Pack. It shall be unlawful for any
person, business, or tobacco retailer within the City to sell, offer for sale, or display for
sale any tobacco product by means of a self - service display. All tobacco products (other
than cartons of cigarettes, multi- container packages of smokeless tobacco and cigars
and pipe toabcco displayed for sale pursuant to subparagraph B below) shall be offered
for sale exclusively by means of vendor /employee assistance.
B. Sales of Cartons, Cigars, and Pipe Tobacco. Cartons of cigarettes,
multi- container packages of smokeless tobacco and cigars and pipe tobacco may be sold
by means of self - service merchandising displays only when such product displays are
under the direct observation of a vendor /employee. Tobacco products shall be deemed
to be under direct observation of a vendor /employee only if the tobacco products
themselves (and not merely the racks, shelves, kiosks, etc., where the products are
displayed) are in the plain and direct view of a store employee at all times.
8.18.040 Out of Package Sales.
No person, business, tobacco retailer or other establishment shall sell or offer for
sale cigarettes or other tobacco or smoking products not in the original packaging
provided by the manufacturer and with all required health warnings.
8.18.050 Violation - Penalty.
Any person, business owner, or proprietor, or employee of any business or
establishment subject to the requirements of this Chapter who violates any mandatory
Ordinance No. 132997)
Page Three
provision of this chapter shall be guilty of an infraction, and is subject to punishment
as provided for in Chapter 1.12 of this Code.
SECTION 2. A summary of this ordinance, together with the names of
Councilmembers voting for and against, shall be published at least five (5) days prior to
its final passage, in the Telegram- Tribune, a newspaper published and circulated in
this City. This ordinance shall go into effect at the expiration of thirty (30) days after
its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the 17 day of June , 1997, on a motion of
CouncilMember Smith , seconded by Council Member Romero , and on the following
roll call vote:
Ayes:
Noes:
Absent:
ATTEST:
Council Members Smith, Romero, Williams, Roalman, Mayor Settle
None
None
ity Clerk Bond L, awf
"_T • A 1
NSA
��, cZ �
��
w
-=di
.1
Ordinance No. 1325 (1997 Series)
Ll
FINALLY PASSED this 1st day of Jul7, 1997, on motion of Council Member
Smith, seconded by Vice Mayor Roalman, and on the following roll call vote:
AYES: Council Members Smith, Roalman, Romero, Williams and Mayor Settle
NOES: None
ABSENT: None
Mayor Allen K. Settle
ATTEST:
,/-City Clerk B mie . Ga4