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<br /> <br />Ordinance No. NS - ____ <br />Page 6 of 7 <br /> <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, and tobacco <br />paraphernalia offered for sale or exchange in violation of this article are <br />subject to seizure by the chief or any peace officer and shall be forfeited <br />after the licensee and any other owner of the tobacco products, including <br />flavored tobacco products, and tobacco paraphernalia seized is given <br />reasonable notice and an opportunity to demonstrate that the tobacco <br />products, including flavored tobacco products and tobacco paraphernalia <br />were not offered for sale or exchange in violation of this article. <br />(b) Forfeited tobacco products, including flavored tobacco products and <br />tobacco paraphernalia shall be maintained and destroyed pursuant to the <br />chief's policy for seized 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. <br /> <br /> Section 5. The Clerk of the Council shall certify to the adoption of this <br />ordinance and cause the same to be published in the manner prescribed by la w. <br /> <br /> Section 6. This ordinance will take effect thirty (30) days after adoption of the <br />second reading by the City Council. <br /> <br /> <br /> <br />