5.56.095 Sale of certain items prohibited.
A. Sale of Flavored Tobacco Prohibited. Beginning January 1, 2023, it shall be unlawful for any Person to sell or offer for sale, or to possess with intent to sell or offer for sale, any Flavored Tobacco Product in the City of Chula Vista.
1. There shall be a permissive inference that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages of Flavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale.
2. There shall be a permissive inference that a Tobacco Product is a Flavored Tobacco Product if:
a. A public statement or claim is made or disseminated by the manufacturer of a Tobacco Product, or by any person authorized or permitted by the manufacturer to make or disseminate public statement concerning such tobacco product, that such Tobacco Product has or produces a taste or smell other than tobacco; or
b. Text and/or images on the Tobacco Product’s Labeling or Packaging explicitly or implicitly indicates that the Tobacco Product is a Flavored Tobacco Product.
B. Exempted Products. This section does not apply to the sale of Shisha, Premium Cigars, or Loose-Leaf Tobacco. (Ord. 3525 § 1, 2022).