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9.A. - Page 10 of 31 <br />(g) "Pharmacy" means any retail establishment in which the profession of pharmacy <br />is practiced by a pharmacist licensed by the State of California in accordance <br />with the Business and Professions Code and where prescription pharmaceuticals <br />are offered for sale, regardless of whether the retail establishment sells other <br />retail goods in addition to prescription pharmaceuticals. <br />(h) "Tobacco Product" is defined as set forth in subsection (h) of section 4.96.030 of <br />chapter 4.96 of this Ordinance Code. <br />(i) "Tobacco Retailer" means any store, stand, booth, concession or any other <br />enterprise that engages in the retail sale of Tobacco Products, including but not <br />limited to stores that engage in the retail sale of food items. <br />4.99.030- Sale or Offer for Sale of Flavored Tobacco Products Prohibited. <br />(a) The sale or offer for sale, by any person or Tobacco Retailer of any Flavored <br />Tobacco Product is prohibited and no person or Tobacco Retailer shall sell, or <br />offer for sale, any Flavored Tobacco Product. <br />(b) There shall be a rebuttable presumption that a Tobacco Product is a Flavored <br />Tobacco Product if a Manufacturer or any of the Manufacturer's agents or <br />employees, in the course of their agency or employment, has made a statement <br />or claim directed to consumers or to the public that the Tobacco Product has or <br />produces a Characterizing Flavor including, but not limited to, text, color, and/or <br />images on the product's Labeling or Packaging that are used to explicitly or <br />implicitly communicate that the Tobacco Product has a Characterizing Flavor. <br />4.99.040- Sale or Offer for Sale of Tobacco Products by a Pharmacy Prohibited. <br />(a) No Pharmacy or Pharmacy employee or agent shall sell or offer for sale any <br />Tobacco Product. <br />(b) No new tobacco retailer permit may be issued to a Pharmacy under Chapter <br />4.98 of this Ordinance Code. <br />(c) No existing tobacco retailer permit issued under Chapter 4.98 of this Ordinance <br />Code may be renewed by a Pharmacy. <br />4.99.050 -Enforcement. <br />(a) The Health System Chief, or his or her designee, may enforce this chapter by <br />suspension of a tobacco retailer's permit and /or imposition of administrative <br />fines following the procedures and amounts set forth in sections 4.98.150 and <br />4.98.160 of chapter 4.98 of this Ordinance Code. <br />0 <br />287 <br />