§ 33.4513 — Tobacco Retailer and Electronic Cigarette Retailer Operating Requirements

§33.4513 Tobacco Retailer and Electronic Cigarette Retailer Operating Requirements

(a) Tobacco retailers and electronic cigarette retailers shall keep and post police permits, issued under this Division, in the manner prescribed in San Diego Municipal Code sections 33.0105(a) and (c). This subsection is regulatory only. (b) Tobacco retailers shall not allow, at any location for which they have a police permit to operate as a tobacco retailer, a violation of any tobacco control law including, but not limited to, the offenses listed in Municipal Code section 33.4510. Tobacco retailers shall be responsible for the acts of others who violate tobacco control laws at any location for which the tobacco retailer possesses a police permit to operate as a tobacco retailer. This subsection is regulatory only. (c) A tobacco retailer shall display in a conspicuous and prominent location near tobacco products, in a manner established by the Chief of Police, information on how to report violations of tobacco control laws including, but not limited to, reporting of sales of tobacco products to persons under 21 years of age. (d) Clerks who transact sales of tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice in tobacco retailer or electronic cigarette retailer establishments shall be at least 18 years of age. This subsection is regulatory only. (e) Tobacco retailers and electronic cigarette retailers shall check the age of purchasers of tobacco products, electronic cigarettes, electronic cigarette paraphernalia, and vaping juice who reasonably appear to be under the age of 27. This subsection is regulatory only (f) Clerks who transact sales of tobacco products, electronic cigarettes, electronic cigarette paraphernalia, or vaping juice in tobacco retailer or electronic cigarette retailer establishments to persons 18 years of age or older claiming the military exemption shall request an identification card issued by the U.S. Armed Forces as proof of active duty military service.

(Added 11-15-2007 by O–19674 N.S.; effective 12-15-2007.) (Retitled from “Tobacco Retailer Operating Requirements” to “Tobacco Retailer and Electronic Cigarette Retailer Operating Requirements” and amended 10-2-2014 by O-20409 N.S.; effective 11-1-2014.) (Amended 6-2-2022 by O-21455 N.S.; effective 1-1-2023.)