The purpose of the adoption of the provisions hereof is to establish a comprehensive set of regulations applicable to the establishment of significant tobacco retailers within the City of Montebello.

(Ord. No. 2334, § 3, 9-23-2009)

Refer to Chapter 17.08 of this Code.

(Ord. No. 2334, § 3, 9-23-2009)

A conditional use permit shall be required for all new significant tobacco retailers as designated in Appendix A of the Zoning Code, Index of Primary Uses. The application submittal, review, and approval procedures set forth in Chapter 17.70 of the City's Zoning Code shall apply to all conditional use permit applications under this chapter.

(Ord. No. 2334, § 3, 9-23-2009)

A.

Operation Standards.

1.

The significant tobacco retailer shall comply with all applicable local, state, and federal laws regarding the use, advertising, display, or sales of tobacco products and/or tobacco paraphernalia including posting prominently near the cash register or other point of sale the legal age to buy tobacco products and/or tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal age.

2.

Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited.

3.

No person younger than the minimum age designated in federal or state law may distribute, exchange, or sell tobacco products.

4.

Sampling of tobacco products by individuals younger than the minimum age designated in federal or state law shall be prohibited.

5.

Smoking shall be prohibited in a premises deemed a significant tobacco retailer.

B.

One Thousand-Feet Separation Required. No significant tobacco retailer shall be located within one thousand feet of any residential zone, sensitive land use, or other significant tobacco retailer. A sensitive land use shall include (i) a public or private kindergarten, elementary, middle, junior high or high school; (ii) a licensed child-care facility or preschool other than a small or large family day care facility; (iii) playground; (iv) youth center; (v) recreational facility; (vi) amusement arcade or internet gaming center; (vii) park; or (viii) library.

C.

How to Measure Operation. The distance between any structure used as a significant tobacco retailer and the residential zone or sensitive land uses detailed above shall be measured in a straight line, without regard to intervening structures, from the closest property line of the structure used as a significant tobacco retailer to the closest property line of the residentially zoned property or sensitive land use.

(Ord. No. 2334, § 3, 9-23-2009)

Pre-existing Significant Tobacco Retailers. Every significant tobacco retailer legally in existence as of the date of enactment of this chapter shall be considered a legal non-conforming use as a significant tobacco retailer. This status shall be retained by the significant tobacco retailer as long as the use complies with the operation standards of Section 17.63.040(A) of this chapter. Any intensification, expansion, or substantial alteration of the significant tobacco retailer use shall require the approval of a conditional use permit subject to the application submittal, review, and approval procedures set forth in Chapter 17.70 of the City's Zoning Code.

(Ord. No. 2334, § 3, 9-23-2009)