A. Tobacco Retailer’s License Required. It shall be unlawful for any person to engage in tobacco retailing in the city, six months after enactment of this chapter, without first obtaining and maintaining a valid tobacco retailer’s license, pursuant to this chapter, for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.

B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco accessories, or tobacco retailing.

C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area or within twenty feet of any retail establishment licensed under this chapter.

D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under twenty-one years of age.

E. Signs Specifying Minimum Legal Sales Age. Any person, business, or other establishment which sells cigarettes and other tobacco products for consumption shall post plainly visible signs at the point of purchase of tobacco products which state:

THE SALE OF TOBACCO PRODUCTS OR CIGARETTES TO PERSONS UNDER TWENTY-ONE YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO.

The letters of these signs shall be at least one-quarter-inch high.

F. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

G. Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product without first verifying by means of government-issued photographic identification that the recipient is at least twenty-one years of age.

H. Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.

I. On-Site Sales. All sales of tobacco products and tobacco accessories to consumers shall be conducted in-person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery or sale of tobacco products or to knowingly or negligently sell or provide tobacco products to any person that intends to engage in the delivery or sale of the tobacco product in the city.

J. Drug Paraphernalia. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee or any of the licensee’s agents or employees to violate any local, state, or federal law regulating controlled substances or drug paraphernalia, such as, for example, California Health and Safety Code Section 11364.7, as that section may be amended from time to time.

K. Minimum Employee Age. Individuals employed by a person licensed under this chapter must be at least eighteen years of age to sell tobacco products, tobacco accessories electronic delivery devices, or other nicotine delivery products.