9.80.031 Sale of Flavored Tobacco Prohibited.
A. It shall be a violation of a tobacco retailer’s license for a licensee or their agent or employee to sell or offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product.
B. There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including, but not limited to, individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.
C. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:
1. Made a public statement or claim that the tobacco product imparts a characterizing flavor;
2. Used text, color, and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or
3. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. (Ord. 7673-NS § 3, 2019)