|
<br />
<br />
<br />Redwood City, California, City Code
<br />ATTY/2024/ORD.0012/CC ORD AMENDING MUNI CODE CH 15 (SMOKING REGULATIONS) – EXHIBIT E
<br />REV: 01-14-25 JB
<br />Page 2 of 3
<br />PHARMACY means any retail establishment in which the profession of pharmacy is practiced by a pharmacist
<br />licensed by the State of California in accordance with the Business and Professions Code and where prescription
<br />pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in
<br />addition to prescription pharmaceuticals.
<br />SELL, SALE or TO SELL mean any transaction where, for any consideration, ownership is transferred from one (1)
<br />person or entity to another including, but not limited to any transfer of title or possession for consideration,
<br />exchange or barter, in any manner or by any means.
<br />TOBACCO PRODUCT means any product containing, made, or derived from tobacco or nicotine that is intended for
<br />human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested
<br />by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco,
<br />and snuff; and any electronic device that delivers nicotine to the person inhaling from the device, including, but
<br />not limited to, an electronic cigarette, electronic cigar or electronic pipe. "Tobacco product" does not include any
<br />product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation
<br />product or for other therapeutic purposes where such product is marketed and sold solely for such an approved
<br />purpose.
<br />TOBACCO RETAILER means any store, stand, booth, concession or any other enterprise that engages in the retail
<br />sale of tobacco products.
<br />(Ord. No. 2501, § 2, 12-20-21)
<br />Sec. 15.41. SALE OR DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS PROHIBITED:
<br />A. No person or tobacco retailer shall sell or distribute any flavored tobacco product, except those businesses
<br />with a valid tobacco retailer's permit selling flavored tobacco exclusively for on-site hookah consumption as
<br />of November 22, 2021. Such exception cannot be transferred or assigned to a subsequent owner of a
<br />qualifying business.
<br />B. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a
<br />manufacturer or any of the manufacturer's agents or employees, in the course of their agency or
<br />employment, has made a statement or claim directed to consumers or to the public that the tobacco product
<br />has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the
<br />product's labeling or packaging that are used to explicitly or implicitly communicate that the tobacco product
<br />has a characterizing flavor.
<br />(Ord. No. 2501, § 2, 12-20-21)
<br />Sec. 15.42. SALE OR DISTRIBUTION OF ELECTRONIC CIGARETTES AND ELECTRONIC SMOKING
<br />DEVICES PROHIBITED:
<br />No person or tobacco retailer shall sell or distribute any electronic cigarette or electronic smoking device.
<br />(Ord. No. 2501, § 2, 12-20-21)
<br />Sec. 15.43. SALE OR DISTRIBUTION OF TOBACCO PRODUCTS BY A PHARMACY PROHIBITED:
<br />A. No pharmacy or pharmacy employee or agent shall sell or offer for sale any tobacco product.
<br />B. No new tobacco retailer permit may be issued to a pharmacy under Article III of this Chapter.
<br />C. No existing tobacco retailer permit issued under Article III of this Chapter may be renewed by a pharmacy.
|