(a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(b) This chapter does not expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or alter the penalties provided by such laws. If the District Attorney or Attorney General brings a criminal prosecution against a license holder or license applicant for an action also considered a violation of this chapter, such action shall only count as a violation as against the tobacco retail license when a guilty or nolo contendere verdict is entered.

(c) For the purposes of the civil or administrative remedies provided in this chapter:

(d) Violations of this chapter are hereby declared to be public nuisances.

(e) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the Department or its designee, including administrative or judicial nuisance abatement proceedings, administrative enforcement proceedings, Civil Code enforcement proceedings, and suits for injunctive relief and may include an immediate cease and desist order upon discovery of unlicensed tobacco sale operations as deemed needed by the Department.

(f) Tobacco products offered for sale in violation of this chapter are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 817-15. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.

(g) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer. (Ord. 2718, 7/11/2023)