817-2. General Requirements and Prohibitions.
(a) Tobacco Retailer’s License Required. It shall be unlawful for any person to engage in tobacco retailing in Humboldt County without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law.
(1) Any person who is or intends to become a tobacco retailer shall obtain pursuant to this chapter a license for each fixed location at which tobacco retailing is to occur.
(2) Any person who is a tobacco retailer as of the effective date of the ordinance codified in this chapter shall obtain a license within ninety (90) days of the effective date of the ordinance codified in this chapter.
(3) Any person who intends to act as a tobacco retailer shall obtain a license prior to acting as a tobacco retailer.
(b) Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, State, or Federal law applicable to the sale of tobacco products.
(c) Smoking Prohibited. Except as provided in Section 313-55.4.10.3, Temporary Special Events for Cannabis, smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within twenty-five (25) feet of any retail establishment licensed under this chapter.
(d) Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under twenty-one (21) years of age.
(e) Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(f) Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government-issued photographic identification that the recipient is at least twenty-one (21) years of age.
(g) Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
(h) On-Site Sales. All sales of tobacco products shall be conducted in person in the licensed location. It shall be a violation of this chapter for any licensed tobacco retailer in Humboldt County or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in Humboldt County. (Ord. 2718, 7/11/2023)