ORDINANCE 1339ORDINANCE NO. 1339
AN ORDINANCE ADDING CHAPTER 6A TO TITLE 5 OF THE EL
SEGUNDO MUNICIPAL CODE TO REGULATE TOBACCO PRODUCT
SALES WITHIN THE CITY OF EL SEGUNDO.
The city council of the city of El Segundo does ordain as follows:
SECTION 1: The city council fmds as follows:
A. Using tobacco products is a positive danger to health and a cause of material
annoyance, inconvenience, discomfort, and a health hazard to other persons.
B. The United States Surgeon General and the United States Department of Health
and Human Services found that a majority of the four hundred thirty -four
thousand (434,000) American that die each year from tobacco- related illness
became nicotine addicts before their eighteenth birthday.
C. In order to preserve public health, safety and welfare and to decrease the
accessibility of tobacco and tobacco - related products, the City Council believes it
is in the public interest to:
Prohibit self - service sales and self - service displays, racks and shelves of
tobacco products;
2. Require merchants to post warning signs which state the legal age of sale
and that identification is required to purchase tobacco;
3. Prohibit vending machine sales of tobacco products; and
4. Require all tobacco products be sold in original packaging with all legally
required health warnings.
D. Nothing contained in this Ordinance is intended to, nor will it, interfere with the
criminal prohibitions on selling cigarettes to minors imposed by California Penal
Code § 308.
SECTION 2: Chapter 6A, entitled Regulation of Tobacco Product Sales, is added to Title 5 of
the El Segundo Municipal Code ( "BSMC ") to read as follows:
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"Chapter 6A
REGULATION OF TOBACCO PRODUCT SALES
5 -6A -1: Purpose. This chapter is adopted pursuant to the City's police powers and California
Business & Professions Code § 22960(c), including any successor statute, for the
purpose of further restricting access to and reducing the availability of cigarette and
tobacco products from vending machines or devices.
5 -6A -2: Definitions. Unless the contrary is stated or clearly appears from the context, the
following definitions will govern the construction of the words and phrases used in
this chapter
A. "Business" means any sole proprietorship, joint venture, corporation, or other
business entity formed for profit, including retail establishments where goods or
services are sold as well as professional corporations and other entities where
legal, medical, dental, engineering, architectural, or other professional services are
delivered.
B. "Employee" means any person who is employed by any employer in
consideration for monetary compensation or profit.
C. "Employer" means any person, partnership, corporation, including municipal
corporation, who employs the services of more than four persons.
D. "Minor" means any individual who is less than eighteen years old.
E. "Person" means any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
F. "Self- service merchandising" means open display of tobacco products and point-
of -sale tobacco- related promotional products to which the public has access
without the intervention of any employee.
G. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless
tobacco, snuff, or any other form of tobacco which may be utilized for smoking,
chewing, inhaling, or other manner of ingestion.
H. "Tobacco retailer" will mean any person or governmental entity that operates a
store, stand, concession, or other place at which sales of tobacco products are
made to purchasers for consumption or use.
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I. "Tobacco vending machine" means any electronic or mechanical device or
appliance the operation of which depends upon the insertion of money, whether
coin or paper bill, or other thing representative of value, which dispenses or
releases a tobacco product or tobacco accessories.
J. "Vendor- assisted" means only an employee has access to the tobacco product and
assists the customer by supplying the product. The customer does not take
possession of the product until it is purchased.
5 -6A -3: Prohibitions.
A. It is unlawful for a person or business to offer tobacco products for sale without
prominently displaying a sign at the point of purchase for tobacco products
stating: "SELLING TOBACCO PRODUCTS TO PERSONS YOUNGER
THAN EIGHTEEN YEARS OF AGE IS ILLEGAL. PHOTO ID IS
REQUIRED TO PURCHASE ANY TOBACCO PRODUCT." The letters of
the sign will be at least one quarter inch (1/4 ") high.
B. It is unlawful for any person, business, tobacco retailer, or owner, manager, or
operator of any establishment to sell, offer to sell, or permit to be sold any
tobacco product to an individual without first examining identification that
establishes the purchaser's age as at least eighteen years unless the seller has
some reasonable basis for determining the buyer's age.
C. It is unlawful for any person, business, tobacco retailer, or other establishment to
sell or offer for sale any tobacco product that is not in the manufacturer's original
packaging containing all required health warnings.
D. 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 self -
service merchandising, tobacco vending machine, or by means other than vendor -
assisted sales."
SECTION 3: If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the city council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 4: The City Clerk is directed to certify the passage and adoption of this Ordinance;
cause it to be entered into the City of El Segundo's book of original ordinances; make a note of
the passage and adoption in the records of this meeting; and, within fifteen (15) days after the
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passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 5: This Ordinance will become effective thirty (30) days following its passage and
adoption.
PASSED AND ADOPTED this 16th day of October 20
Mike Gordon, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing Ordinance
No. ] 339 was duly introduced by said City Council at a regular meeting held on the 2nd
day of October 2001, and was duly passed and adopted by said City Council,
approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of
said Council held on the 16th day of October , 2001, and the same was so passed
and adopted by the following vote:
AYES: Gordon, Jacobs, Gaines, McDowell, Wernick
NOES: None
ARQT7KTT-
APPROVED AS
Mark D. Hensley
By: ell- s
Karl H. Berger
Assistant City.
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