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<br /> <br />Ordinance No. NS - ____ <br />Page 5 of 7 <br /> <br />(c) Each day on which a prohibited act occurs shall constitute a separate <br />violation. <br /> <br />(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's <br />agents or employees, to violate any local, state, or federal law applicable to sale, <br />display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing. <br /> <br />(e) Each tobacco retailer license shall be prominently displayed in a publicly <br />visible location at the licensed location. <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 />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 and <br />tobacco paraphernalia seized is given reasonable notice and an <br />opportunity to demonstrate that the tobacco products and tobacco <br />paraphernalia were not offered for sale or exchange in violation of this <br />article. <br />(b) Forfeited tobacco products and tobacco paraphernalia shall be maintained <br />and destroyed pursuant to the 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.