9.80.032 Tobacco Product Pricing and Packaging.
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 the intent to sell or offer for sale, any tobacco product to any consumer unless such product: (1) is sold in the original manufacturer’s packaging intended for sale to consumers; and (2) conforms to all applicable federal labeling requirements.
B. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to indicate the price of the product.
C. 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 the intent to sell or offer for sale, to a consumer:
1. Any little cigar unless it is sold in a package of at least 20 (twenty) little cigars; or
2. Any cigar unless it is sold in a package of at least 6 (six) cigars.
D. No tobacco retailer shall sell to a consumer:
1. Cigarettes at a price that is less than $8.00 per package of 20 cigarettes, including all applicable taxes and fees;
2. Little cigars at a price that is less than $8.00 per package of little cigars, including all applicable taxes and fees; or
3. Cigars at a price that is less than $7.00 per cigar, including all applicable taxes and fees.
E. The minimum prices established in subdivision D shall be adjusted annually by the annual average of the percentage change in the Consumer Price Index for all urban consumers for all items for the San Francisco-Oakland-Hayward statistical area as reported by the United States Bureau of Labor Statistics or any successor to that index.
F. No tobacco retailer shall:
1. Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;
2. Sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or
3. Provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product. (Ord. 7673-NS § 4, 2019)