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ORDINANCE NO. 9489 (New Series) - page 2 / 3

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(c) “Valid Identification” means a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license or an identification card issued to a member of the Armed Forces, which contains the name, date of birth, description, and photograph of the individual.

SEC. 32.862.  SALE OF TOBACCO PRODUCTS BY SELF-SERVICE DISPLAY PROHIBITED.

It is unlawful for any person to display Tobacco Products by means of a Self-Service Display or to engage in the sale of Tobacco Products by means of a Self-Service Display, except in enclosed areas where minors are not permitted unless accompanied by an adult.

SEC. 32.863.  DISTRIBUTION OF TOBACCO SAMPLES OR

PROMOTIONAL ITEMS.

It is unlawful for any person to distribute free Tobacco Products or promotional items, except in enclosed areas where minors are not permitted unless accompanied by an adult.

SEC. 32.864. POSTING OF SIGNS REGARDING SALES TO MINORS.

State law provides that every person who sells or deals in Tobacco Products shall post conspicuously in his or her place of business at each point of purchase a notice stating that the sale of Tobacco Products to persons under eighteen years of age is prohibited by law and subject to penalties.  The notice must also state that Valid Identification is required to purchase Tobacco Products and the letters of the notice must be at least one-half inch in height.  These requirements are set forth in California Business and Professions Code section 22952(b) and California Penal Code section 308(c). In accordance with state law, it is the intent of the County of San Diego to aggressively enforce these laws in the unincorporated areas of the County.

SEC. 32.865.  BANNING UNPACKAGED TOBACCO OR

SMOKING PRODUCTS.

State law provides that no person, business, tobacco retailer or other establishment shall sell cigarettes not in the original packaging provided by the manufacturer or importer and which conform to federal labeling requirements, including the federal warning label. This requirement is set forth in California Penal Code section 308.2. In accordance with state law, it is the intent of the County of San Diego to aggressively enforce this law in the unincorporated areas of the County.

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