9.80.035 Limits on eligibility for a tobacco retailer license.
A. No new tobacco retailer license may be issued to a pharmacy.
B. No existing tobacco retailer license may be renewed by a pharmacy.
C. No new tobacco retailer license may be issued to authorize the sale of tobacco products within six hundred (600) feet of any school as measured by a straight line from the nearest point of the property line of the parcel on which the school is located to the nearest point of the property line of the parcel on which the business is located.
D.
1. Effective January 1, 2017, no person shall sell, give away, barter, exchange, or otherwise deal in electronic nicotine delivery systems or e-liquid within six hundred (600) feet of any school as measured by a straight line from the nearest point of the property line of the parcel on which the school is located to the nearest point of the property line of the parcel on which the business is located.
2. Subdivision D.1 shall not prohibit the sale of electronic nicotine delivery systems to persons who demonstrate that they are qualified patients or primary caregivers as defined in Health and Safety Code section 11362.7 or persons with identification cards issued pursuant to Health and Safety Code section 11362.71, provided that such electronic nicotine delivery systems are unaccompanied by any tobacco product defined in Sections 9.80.020.S.1 or 9.80.020.S.2.
E. A map identifying the areas falling within six hundred (600) feet of schools shall be adopted by the City Council by resolution, and may be amended from time to time. (Ord. 7673-NS § 5, 2019: Ord. 7441-NS § 5, 2015: Ord. 7377-NS § 3, 2014)