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<br /> <br />Ordinance No. NS - ____ <br />Page 5 of 6 <br /> <br />Sec. 18-92. - Limits on tobacco retail license. <br /> <br />(a) No license shall be issued to authorize tobacco retailing at other than a <br />fixed business place. Tobacco retailing by persons on foot or from <br />vehicles is prohibited. <br /> <br />(b) No license shall be issued to authorize tobacco retailing at any location for <br />which a tobacco retailer license suspension is in effect or during a period <br />of ineligibility following a revocation. <br /> <br />(c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer’s <br />agents or employees, to sell, offer for sale, possess with intent to sell or <br />offer for sale, a flavored tobacco product. <br /> <br /> <br />* * * <br /> <br />Sec. 18-103. Tobacco retailing without a license—Seizure. <br /> <br />(a) Tobacco products, including flavored tobacco products, offered for sale or <br />exchange in violation of this article are subject to seizure by the chief or <br />any peace officer and shall be forfeited after the licensee and any other <br />owner of the tobacco products, including flavored tobacco products, <br />seized is given reasonable notice and an opportunity to demonstrate that <br />the tobacco products, including flavored tobacco products were not offered <br />for sale or exchange in violation of this article. <br />(b) Forfeited tobacco products, including flavored tobacco products shall be <br />maintained and destroyed pursuant to the chief's policy for seized <br />evidence. <br /> <br />Section 3. The City Council finds that this ordinance is not subject to the <br />California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), <br />15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a <br />direct or reasonably foreseeable indirect physical change in the environment, because <br />there is no possibility it will have a significant effect on the environment, and it is not a <br />"project," as defined in section 15378 of the State CEQA Guidelines. <br /> <br />Section 4. If any section, subsection, phrase, or clause of this ordinance is for <br />any reason held to be unconstitutional, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council hereby declares that it would <br />have passed this ordinance and each section, subsection, phrase or clause thereof <br />irrespective of the fact that any one or more sections, subsections, phrases, or clauses <br />be declared invalid or unconstitutional.