O 517 C.S.
ORDINANCE NO. 517 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADDING CHAPTER 16 OF TITLE 5 OF THE ARROYO GRANDE
MUNICIPAL CODE ENTITLED "REGULATION OF THE SALE AND
DISTRIBUTION OF TOBACCO PRODUCTS"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Chapter 16, Title 5 is hereby added to read
as follows:
Chapter 16
REGULATION OF THE SALE AND
DISTRIBUTION OF TOBACCO PRODUCTS
SECTIONS:
5-16.01 Posting of Signs.
5-16.02 Sales to Minors.
5-16.03 Self-Service Sales of Tobacco.
5-16.04 Out of Package Sales.
5-16.05 Violation - Penalty.
Section 5-16.01 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 that state:
"SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW,
PHOTO 1.0. REQUIRED."
The letters of said signs must be at least one-half inch (%") high.
ORDINANCE NO. 517 C.S.
PAGE 2
Section 5-16.02 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 of age.
Section 5-16.03 Self-Service Sales of Tobacco.
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 shall be offered for sale
exclusively by means of vendor/employee assistance.
Section 5-16.04 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.
Section 5-16.05 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 provision of this chapter shall be guilty of an infraction, and is
subject to punishment as provided for in Chapter 1, Title 1 of this Code.
SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more section, subsection, subdivision, paragraph,
sentence, clause or phrases be declared invalid or unconstitutional.
SECTION 3: This Ordinance shall become effective thirty (30) days after the date of its
adoption, and within fifteen (15) days after its adoption, it shall be published once, together
with the names of the Council Members voting thereon, in a newspaper of general
circulation within the City.
ORDINANCE NO. 517 C.S.
PAGE 3
On motion of Council Member Ferrara, seconded by Council Member Runels, and on the
following roll call vote, to wit:
AYES: Council Members Ferrara, Runels, Tolley, Dickens, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 1th day of September, 2000.
ORDINANCE NO. 517 C.S.
PAGE 4
M,2~~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~<~y
TOY J. C L, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that the attached Ordinance No. 517 C.S.
is a true, full, and correct copy of said Ordinance passed and adopted at a
regular meeting of the City Council of the City of Arroyo Grande on the 12th day
of September, 2000.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of September, 2000.
~
ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK