The purpose and intent of the amendment to this chapter is to encourage responsible tobacco retailing and discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or provision of tobacco and nicotine products to minors. There is no intent, however, to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. (Ord. 5577 § 1 (part), 2007)

For the purposes of this chapter, the following words shall have the meanings ascribed to them unless otherwise noted:
“Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market, between two (2) informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies, partners, corporate or other entities which have some or all of the same directors and/or principals, or any sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.
“Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (b) tobacco in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (c) any roll of tobacco wrapped in any substance containing tobacco, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in this section.
“Cigarette” also includes “roll-your-own” tobacco, meaning tobacco, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as tobacco for making, cigarettes. For purposes of this definition of “cigarette,” 0.09 ounces of “roll-your-own” tobacco shall constitute one (1) individual “cigarette.”
“Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.
“Self-service display” means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, including hookahs, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco or products prepared from tobacco.
“Tobacco product” means any substance made from the tobacco leaf including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, hookah tobacco, dipping tobacco, smokeless tobacco, bidis, or products prepared from tobacco and designed for smoking or ingestion and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, in public view, tobacco, tobacco products, or tobacco paraphernalia. Any person who distributes free or low cost samples of tobacco products or tobacco paraphernalia shall be deemed to be a tobacco retailer under this chapter.
“Use or consumption of tobacco products” means and includes the exercise of any right or power over cigarettes incident to the ownership thereof other than the sale of the cigarettes or the keeping or retention thereof for the purpose of sale.
“Youth decoy” means a person under the age of eighteen (18), but not younger than fifteen (15), who is used by the police department to conduct random onsite sting investigations to determine compliance with tobacco retailing laws. (Ord. 5577 § 1 (part), 2007)

A. No person shall engage in or operate as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer’s permit pursuant to this chapter for each location at which that activity is to occur. Obtaining a tobacco retailer permit does not make the retailer a “retail or wholesale tobacco shop” for the purposes of California Labor Code Section 6404.5. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s permit any status or right other than the right to act as a tobacco retailer at the permitted location in the city of Glendale. Nothing in this chapter is intended to be construed to render inapplicable, supersede, or affect any other provision of applicable law, including but not limited to, any provision of this Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5.

B. Within thirty (30) days after the operative date of the tobacco retailing ordinance codified in this chapter each tobacco retailer shall register with the city clerk and obtain from the city clerk a “Tobacco Retailer Permit.”

C. Failure to obtain such a permit prior to commencing the sale of tobacco products, as defined in Section 5.94.020 shall constitute a separate violation for each day such business is carried on without a permit. (Ord. 5577 § 1 (part), 2007)

The tobacco sales permit shall be posted at all times in a conspicuous place on the premises. (Ord. 5577 § 1 (part), 2007)

A. Any person desiring a permit required by this chapter shall make and file a verified application therefore with the city clerk. Such application shall set forth the following information:

1. The name, address, and telephone number of each proprietor.

2. The business name, address, and telephone number of the fixed location for which a tobacco retailer’s permit is sought.

3. The name and mailing address authorized by each applicant to receive all permit-related communications and notices (the “authorized address”).

4. Whether any applicant has previously been issued a permit pursuant to this chapter that is or was at any time suspended or revoked and, if so, the dates of the suspension period or the date of revocation;

5. Such other information as the city deems necessary for the administration or enforcement of this chapter.

B. All applications shall be submitted on a form supplied by the city. (Ord. 5577 § 1 (part), 2007)

A. Upon receipt of an application for a tobacco retailer’s permit and the permit fee, the city clerk shall cause an investigation to be made in order to ascertain whether or not the proposed permit will have a detrimental effect on the public peace, health, safety and general welfare of the city and its inhabitants, and whether or not the application conforms with standards for retail tobacco sales set forth in this chapter. The city clerk shall issue a permit unless:

1. The application is incomplete or inaccurate; or

2. The application seeks authorization for tobacco retailing by a proprietor for whom a suspension is in effect or by a proprietor who has had a permit revoked, pursuant to city codes; or is not registered with the California State Board of Equalization; or

3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any local, state or federal law; or

4. The city has information that the proprietor or his or her agent or employee has violated any local, state or federal tobacco related law within the preceding thirty (30) day period.

B. A tobacco retailer permit does not authorize any person to conduct any lawful business in an unlawful manner, nor to operate a tobacco retailing business permit without complying with all state and local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city or state.

C. A permit that is issued in error or on the basis of false or misleading information supplied by a proprietor may be revoked. (Ord. 5577 § 1 (part), 2007)

A. A permit issued under this chapter shall be renewed annually. A renewal application shall be made in the same manner as the original application and shall be made thirty (30) days before the date of expiration of such permit or the last renewal thereof, and if not so made, the permit shall be null and void at the time of its expiration. (Ord. 5577 § 1 (part), 2007)

A. The council shall by resolution establish fees for the administration of this chapter. The fees shall be calculated as to recover the total cost of both permit administration and permit enforcement including, but not limited to, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. Fees are nonrefundable except as may be required by law.

B. To reflect cost of living changes and to ensure that changing economic conditions do not impair the real value of the fees and charges under this chapter, on July 1, of each year the city clerk shall:

1. Review each fee and each charge; and

2. Adjust the fee, or the charge, or both:

a. Upward or downward by the same percentage increase or decrease occurring during the previous twelve (12) months, in the Consumer Price Index for All Urban Consumers (“CPI-U”) for the Los Angeles-Orange County-Riverside Metropolitan Area (published by the Bureau of Labor Statistics, U.S. Department of Labor), or applying a similar index if the CPI-U is not published or available; and

b. To the nearest one dollar ($1.00).

C. In addition to adjusting the fees and charges for the cost-of-living changes annually under Section 5.94.080(B), the city clerk, at any time, shall recommend, with the city manager’s approval, that the city council revise the fees and charges when a change in either the administration of the tobacco sales permits or the cost of administration and enforcement makes the revision appropriate.

D. The city clerk may prepare, adopt, amend, and enforce rules, regulations, or procedures for calculating, collecting, paying, and administering the fees and charges under this chapter.

E. A copy of the resolution establishing the current fees and charges under this chapter will remain on file, and will be available for inspection, in the city clerk’s department.

F. Tobacco retailer permit fees which are not remitted to the city clerk on or before the due dates fixed by this chapter, or fixed by the city clerk as provided by this chapter, are delinquent and render permit(s) void until such time the fee(s) and all penalties are remitted to the city clerk. (Ord. 5577 § 1 (part), 2007)

A. No permit holder shall sell, transfer or assign, or allow a person to sell, transfer or assign a permit issued under this chapter. Upon the sale or transfer of a permit issued under this chapter:

1. The permit is null and void; and

2. The person to whom the permit holder sold or transferred the permit shall secure a tobacco retailer permit, in accordance with this chapter’s provisions.

B. A change in location, a change in the name of the person, or a change in any other information from that which is shown on the permit application requires the permit holder to obtain a new permit.

C. A permit holder shall not operate under a name, or conduct business under a designation, not specified in the permit. (Ord. 5577 § 1 (part), 2007)

A. It is the responsibility of each tobacco retailer to be informed of the laws affecting the issuance of a tobacco retailer’s permit.

B. The sale of tobacco products or paraphernalia from other than a fixed location, including but not limited to tobacco retailing by persons on foot or from vehicles is prohibited and no permit shall be issued under this article to any such activity.

C. The display of any advertisement relating to tobacco products or paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location without first obtaining and maintaining a valid tobacco retailer’s permit pursuant to this chapter for each location at which the advertisement is displayed is prohibited. (Ord. 5577 § 1 (part), 2007)

A. No tobacco retailer shall sell or offer to sell, give or offer to give, or transfer or offer to transfer to any person who is under the legal age of eighteen (18) years any tobacco, tobacco products, or tobacco paraphernalia. No tobacco retailer shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) years, without first examining the valid photo identification of the recipient to confirm that the recipient is at least the minimum age under state law, to purchase and possess the tobacco product or tobacco paraphernalia. The retailer shall refuse sale of any tobacco product or tobacco paraphernalia to any person who appears to be under the age of twenty-seven (27) years, who fails to present valid, legal photo identification prior to the sale.

B. It shall be a violation of a tobacco retailer’s permit for the permittee or his or her agent or employee to sell individual tobacco products intended for package sale, including single cigarettes, but not including individually-wrapped cigars.

C. It shall be a violation of a tobacco retailer’s permit for the permitted or for his or her agent or employee to violate any local, state, or federal tobacco-related law. (Ord. 5577 § 1 (part), 2007)

A. In addition to any other penalty authorized by law, a tobacco retailer’s permit may be suspended or revoked if it is determined that the permittee or his or her agent or employee has violated the conditions of the permit imposed pursuant to this chapter, or any other state or federal law pertaining to the sale of tobacco products or tobacco paraphernalia to underage minors.

B. In addition to any other penalty authorized by law, any permit granted under the provision of this chapter may be suspended or revoked by the city manager, or his or her designee, when it appears that the business or calling of the person to whom such permit was granted is conducted in a disorderly or improper manner or in violation of any statute of the state or ordinance of the city or that the person conducting the business is of an unfit character to conduct the same or the purpose for which the permit has been issued is being abused to the detriment of the public or is being used for a purpose wholly foreign to that for which the permit was issued.

C. A permit granted under this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the city manager relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least five (5) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the business address appearing upon the application for the permit.

1. Upon a determination by the city of a first permit violation, the permit may be suspended for up to thirty (30) days.

2. Upon a determination by the city of a second permit violation within five (5) years of the first violation, the permit may be suspended for up to ninety (90) days.

3. Upon a determination by the city of a third violation within five (5) years of the first violation, a permit may be revoked.

D. In the event an application is denied or a permit is revoked under this chapter, the applicant or permit holder may not apply for a tobacco retailer’s permit under this chapter for a period of six (6) months after the effective date or the denial or revocation. (Ord. 5577 § 1 (part), 2007)

Any person aggrieved by any ruling of the city manager upon any application filed pursuant to the provision of this chapter may appeal to the council within the time and in the manner provided in Chapter 2.88 of this code. (Ord. 5577 § 1 (part), 2007)

A. Violations of this chapter constitute a misdemeanor.

B. In addition to the above remedy, a violation of this chapter may be remedied by a civil injunction or abatement action initiated by the enforcement agency. (Ord. 5577 § 1 (part), 2007)

A. The provisions of this chapter shall be enforced by the Glendale police department, neighborhood services inspectors and code enforcement personnel, and permit investigators. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. In addition to the enforcement powers established in Section 5.04.210 of this Code, all police officers and persons charged with the duty of enforcement of this chapter shall have and exercise the power:

1. To conduct investigations and unannounced compliance checks; and to issue warning notices and provide such educational materials that will result in compliance.

2. To enter, free of charge or restriction, at any time, any place of business for which a permit is required by this chapter, and to demand the exhibition of such permit for the current term by any person engaged or employed in the transaction of such business; and if such person shall then and there fail to exhibit such permit, such person shall be liable to the penalty provided for a violation of Chapters 5.04 and 5.08.

B. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or equity: Whenever evidence of a violation of this chapter is obtained, in part, through the participation of a youth decoy supervised by a peace officer, the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. Upon learning of any violation of this chapter or upon learning of any threat to violate or to continue to violate this chapter, the city manager may, with the approval of the city council, direct that an action be brought in the name of the city to enjoin the violation or continued violation of this chapter.

C. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (Ord. 5577 § 1 (part), 2007)