HomeMy Public PortalAboutOrd. 1653ORDINANCE NO. 1653
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA AMENDING THE LYNWOOD MUNICIPAL CODE BY ADDING
SECTION 4 -33 TO CHAPTER FOUR, REGARDING REGULATIONS AND
REQUIREMENTS FOR THE LICENSURE OF TOBACCO RETAILERS
WHEREAS, it is the intent of the Lynwood City Council, in enacting this
ordinance, to ensure compliance with the business standards and practices of the City
and to encourage responsible tobacco retailing and to discourage violations of tobacco -
related laws, especially those which prohibit or discourage the sale or distribution of
tobacco and nicotine products to minors, but not to expand or reduce the degree to
which the acts regulated by federal or state law are criminally proscribed or to alter the
penalties provided therein; and
WHEREAS, based in part on the information contained in this section, the City
Council finds that the failure of tobacco retailers to comply with all tobacco control
laws, particularly laws prohibiting the sale of tobacco products to minors, presents an
imminent threat to the public health, safety, and welfare of the residents of the City; and
WHEREAS, the Lynwood City Council finds that a local licensing system for
tobacco retailers is appropriate to ensure that retailers comply with tobacco control
laws and business standards of the City, to protect the health, safety, and welfare of
our residents; and
WHEREAS, state law requires all tobacco retailers to be licensed by the Board
of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax
evasion and counterfeiting; and
WHEREAS, state law explicitly permits cities and counties to enact local tobacco
retail licensing ordinances, and allows for the suspension or revocation of a local license
for a violation of any state tobacco control law; and
WHEREAS, a requirement for a tobacco retailer license will not unduly burden
legitimate business activities of retailers who sell or distribute cigarettes or other
tobacco products to adults. It will, however, allow the City to regulate the operation of
lawful businesses to discourage violations of federal, state, and local tobacco - related
laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth herein above are adopted as findings of the
City Council.
SECTION 2. Chapter 4 of the Lynwood Municipal Code is hereby amended to
add the following Chapter, entitled "TOBACCO RETAILER LICENSE ":
4- 33.01. DEFINITIONS. The following words and phrases, whenever used in -this
chapter, shall have the meanings defined in this section unless the context clearly
requires otherwise:
(a) "Arm's length transaction" means a sale in good faith and for valuable consideration
that reflects the fair market value in the open market between two informed and willing
parties, neither of which is under any compulsion to participate in the: transaction. A sale
between relatives, related companies or ,partners, or a sale for .which a significant,
purpose is avoiding the effect of the violations' of this chapter is not an ar'm's length
transaction.
(b) "Cigar" means any roll of tobacco wrapped entirely or in part in tobacco or in any
substance containing tobacco, and includes all of the component, parts of the Cigar
(including but not limited to tobacco, filters, or wrapping). For the purposes. of this
section, "Cigar" includes, but is not limited to, Tobacco Products labeled "cigar,"
"cigarillo," "tiparillo," "little cigar," "blunt," or "blunt wrap."
(c) "Coupon" means anything except cash that can be exchangedfor or used to acquire
a Tobacco 'Product, such as a printed piece of paper,; voucher, ticket, rebate, rebate
offer, check, credit, token, code, password, or anything labeled. "coupon" or . "coupon
offer."
(d) "Department' means the Development Services Department, or any Enforcement
Department or Enforcement Officer designated to enforce or administer the provisions
of this chapter.
(e) "Drug Paraphernalia" shall have the definition set forth in The California Health &
Safety Code section 11014.5, as that section may be amended from time to time.
(f) "Edible" means any substance or thing designed, intended, or prepared to be eaten,
drunk, chewed, or otherwise ingested by humans or that is, in fact, commonly eaten,
drunk, chewed, or otherwise ingested by humans.
(g) "Nominal Cost' means the. cost of any item that is transferred from one person to
another for less than the total of: (1) twenty -five percent' (25 %) of the full retail value of
the item exclusive of taxes and fees; plus (2) all taxes and fees previously paid and all
taxes and fees still due on the item at the time of transfer.
(h) "Non -sale Distribution" means to give, within the jurisdictional; limits of the City, a.
Tobacco Product or Coupon at no cost or at Nominal Cost to _a Person who is not a
Tobacco Seller.
(i) "Person" means any - natural ', ~person;' °partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity.
(j) "Proprietor" means a Person with an ownership or managerial interest in a business.
An ownership interest shall be deemed to exist when a Person has a ten percent (10 %)
or greater interest in the stock, assets, or income of a business other than the sole
interest of security for debt. A managerial interest shall be deemed to exist when a
Person can or does have or share ultimate control over the day -to -day operations of a
business.
(k) "Public Place" means any place within the City, public or private, that is open to the
general public regardless of any fee or age requirement, including, for example, bars,
restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, and buses.
(1) "Reasonable Distance" means a distance of twenty (20') feet in any direction from an
area in which Smoking is prohibited and twenty -five (25') feet in any direction of
playgrounds and tot lots.
(m) "Self- Service Display' means the open display or storage of Tobacco Products or
Tobacco Paraphernalia in a manner that is physically accessible in any way to the
general public without the assistance of the retailer or employee of the retailer and a
direct person -to- person transfer between the purchaser and the retailer or employee of
the retailer. A vending machine is a form of Self - Service Display.
(n) "Significant Tobacco Retailer" means any Tobacco Retailer for which the principal or
core business is selling Tobacco Products, Tobacco Paraphernalia, or both, as
evidenced by any of the following: twenty percent (20 %) or more of the floor or display
area is devoted to Tobacco products, Tobacco Paraphernalia, or both; sixty -seven
percent (67 %) or more of gross sales receipts are derived from Tobacco Products,
Tobacco Paraphernalia, or both; or fifty percent (50 %) or more of completed sales
transactions include Tobacco Products or Tobacco Paraphernalia.
(o) "Tobacco Look -Alike Product' means any product other than an image that is not a
Tobacco Product but is designed so that it readily appears similar to a Tobacco Product
as judged by a reasonable consumer.
(p) "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, and any other item designed
for the smoking, preparation, storing, or consumption of Tobacco Products.
(q) "Tobacco Product' means any substance containing tobacco leaf, including but not
limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco,
dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or
formulation of matter containing biologically active amounts of nicotine that is
manufactured, sold, offered for sale, or otherwise distributed with the expectation that
the product or matter will be introduced into the human body, but does not include any
cessation product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco dependence.
(r). "Tobacco Retailer' means any Person who sells, offers for sale, or does or'offers.to
exchange for any form of consideration, tobacco, Tobacco . Products or Tobacco
Paraphernalia. "Tobacco Retailing" shall mean the doing of any of these things. This
definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco
Paraphernalia sold, offered for sale, exchanged, or offered for exchange.
4- 33.02. REQUIREMENTS AND PROHIBITIONS
.. . _
(a) TOBACCO RETAILER LICENSE REQUIRED. It shall be unlawful for any person to
act as a tobacco retailer in the City without first obtaining and maintaining a valid
tobacco retailer's license pursuant to this chapter for each location at which that activity
is to occur. Tobacco retailing without a valid tobacco retailer's license, is a nuisance as a
matter of law.
(b) LAWFUL BUSINESS OPERATION. In the course: of tobacco- retailing or in the
operation of the business or maintenance of the location,for which a license is issued, it
shall be a violation of this chapter for a licensee, or any of the licensee's agents or
employees, to violate any local, state, or federal law applicable to-tobacco products,
tobacco paraphernalia, or tobacco retailing.
(c) DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed
in a publicly visible location at the licensed location. Failure to properly display license
shall result in the issuance of a citation.
(d) POSITIVE IDENTIFICATION REQUIRED. No person engaged in tobacco retailing
shall sell or transfer a tobacco product or tobacco paraphernalia to another person who
appears to be under the age of twenty -seven (27) years without first examining the
identification of the recipient to confirm that the recipient is at least the minimum age
under state law to purchase and possess the tobacco producfor tobacco paraphernalia.
(e) MINIMUM AGE FOR PERSONS SELLING TOBACCO. No person who, is younger
than the minimum age established by state law for the purchase or possession of
tobacco products shall engage in tobacco retailing.
(f) SELF- SERVICE DISPLAYS PROHIBITED. Tobacco retailing,by, means, of a self-
service display is prohibited, except for significant tobacco retailers where minors are
not permitted to be present and the licensee enforces such restricted access.
(g) VIOLATION OF AGE- VERIFICATION`LAWS" No licensee may violate any local,
state, or federal law that requires a seller to verify that a purchaser of any product sold
by the licensee be a specified age or older.
(h) EDIBLE TOBACCO LOOK -ALIKE PRODUCTS PROHIBITED. No person shall sell,
offer for sale, or exchange for any form of consideration, any edible tobacco look -alike
product within the city, including, without limitation, candy cigarettes, bubble gum cigars,
and chewing gum packaged to resemble tobacco products.
(i) SIGNAGE VIOLATIONS. It shall be a violation of this chapter for any licensee to
violate any of the provisions of Chapter 25 in relation to signage, as well as any state, or
federal law regulating exterior, storefront, window, or door signage.
Q) DRUG PARAPHERNALIA. It shall be a violation of this chapter for any licensee or
any of the licensee's agents or employees, to violate any local, state, or federal law
regulating controlled substances or drug paraphernalia.
(k) ONSITE SMOKING PROHIBITED. No Person engaged in tobacco retailing shall
permit smoking inside the licensed premises or in any adjacent outdoor area owned,
leased, or operated by the person engaged in tobacco retailing. In addition, no person
engaged in tobacco retailing shall permit smoking within a 25 feet of any doorway,
window, opening, or other vent into the licensed premises; and no person engaged in
tobacco retailing shall permit the presence or placement of usable ash receptacles,
such as, for example, ash trays or ash cans, on the licensed premises, including all
inside areas and outside areas. This section does not apply to significant tobacco
retailers where smoking inside the licensed premises is otherwise authorized per state
law.
(1) NONSALE DISTRIBUTION OF TOBACCO PRODUCTS PROHIBITED.
(1) No tobacco retailer nor any agent or employee of a tobacco retailer shall engage in
the non -sale distribution of any tobacco product or coupon in any public place.
(2) No tobacco retailer, motivated by an economic or a business purpose, shall
knowingly permit the non -sale distribution of any tobacco product or coupon: (1)
anywhere in any public place under the legal or de facto control of the tobacco retailer;
or (2) through any agent or employee of the tobacco retailer. This provision shall not
apply to coupons provided by the manufacturer and contained in a tobacco product sold
for value or incidentally distributed in connection with a printed or electronic publication,
such as, for example, magazines, newspapers, and websites, so long as that person's
distribution of a publication containing coupons is not primarily motivated by an
economic or a business purpose to distribute coupons.
(m) FALSE AND MISLEADING ADVERTISING PROHIBITED. A tobacco retailer or
proprietor without a valid tobacco retailer license, including, for example, a person
whose license has been suspended or revoked:
(1) Shall keep all tobacco products and tobacco paraphernalia out of public view. The,
public display of tobacco products or tobacco paraphernalia in violation of this provision
shall constitute tobacco retailing without a license under section 4' 33.02 (a); and
(2) Shall not display any advertisement relating to tobacco products or tobacco
-paraphernalia that promotes the sale or distribution of such products from the tobacco
retailer's location or that could lead a reasonable consumer to believe that such
products can be obtained at that location.
4- 33,03. LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE.
(a) No license may be issued to, authorize tobacco retailing at other than. a fixed
location. For example, tobacco retailing by persons on foot or from vehicles is
prohibited.
(b) No license may be issued ,to authorize tobacco retailing at any location that is not
licensed under state law to sell alcoholic beverages for consumption off the premises
(e,g., an "off- sale" license issued by the California Department of Alcoholic Beverage
Control).
(c) No license may be issued to authorize tobacco retailing at any location where
smoking is permitted inside the premises' or in any adjacent outdoor area owned,
leased, or operated by the person applying for a license to engage in tobacco.- retailing.
In addition, no license may be issued to authorize tobacco retailing at any location
where smoking is permitted within a 25 feet of any doorway, window; opening, or other
vent into the licensed premises.
(d) No license may be issued to authorize tobacco retailing at any location that is
exclusively zoned for residential use.
(e) No license may be issued to authorize tobacco retailing within, five hundred (500')
feet of a youth- populated area as measured by a straight line from the nearest point of
the property line of the site of a youth - populated area to the nearest point of the
property line of the site of the applicant's business premises. For the purposes of this
subsection, a "youth- populated area" means a parcel in the city that is:
(1) Occupied by a private or public kindergarten, elementary, middle; junior high, or high
school;
(2) Occupied by a licensed child -care facility or preschool as defined in California Health
& Safety Code§ 1596.78;
(3) Occupied by a library open to the public;
(4) Occupied by a playground open to the public;
(5) Occupied by a youth center;
(6) Occupied by a religious institution;
(7) Occupied by a recreational facility open to the public;
(8) Occupied by an arcade open to the public; or
(9) Occupied by a park open to the public or to all the residents of a residential area
(f) No license may be issued to authorize tobacco retailing within two hundred (200')
feet of another tobacco retailer location as measured by a straight line from the nearest
point of the property line on which the license applicant's business premises are located
to the nearest point of the property line on which another tobacco retailer's business
premises are located.
(g) The issuing of tobacco retailer licenses is limited as follows:
(1) The total number of tobacco retailer licenses within the city shall be limited to one for
each one thousand (1,000), or fraction thereof, inhabitants of the city. Except as
provided in section 25 -165 of the Lynwood, Municipal Code regarding nonconforming
uses, so long as the number of tobacco retailer licenses issued (or license applications
received) equals or exceeds the total number'authorized pursuant to this subsection, no
new licenses may be issued.
(2) For the purposes of this section, the total population of the city shall be determined
by the most current published total available from the U.S. Census Bureau or the
California State Department of Finance, whichever has been more recently updated, as
of the date the license application is filed.
(h) Notwithstanding the eligibility restrictions of this section 4- 33.03, any tobacco retailer
or significant tobacco retailer operating legally as of the effective date of this chapter
and that would otherwise be entitled to receive a license may continue to operate as a
nonconforming use subject to termination pursuant to Section 25 -165 of the Lynwood
Municipal Code, as that article may be amended from time to time, so long as the use is
not deemed discontinued or abandoned for a, period of six (6) months.
4- 33.04. APPLICATION PROCEDURE.
(a) Application for a tobacco retailer's license shall be submitted in the name of each
proprietor proposing to conduct retail tobacco sales and shall be signed by each
proprietor or an authorized agent thereof. A. written zoning approval from the city's
Planning Division is required in order to submit a business license:application,pursuant
to this chapter,
It is the responsibility of each proprietor to be informed, regarding all laws applicable to
tobacco retailing, including those laws affecting the issuance of a tobacco retailer's
license.
No proprietor may rely on the issuance of a license as a,determination ; by the .city that
the proprietor has complied with all laws applicable to tobacco retailing. A license issued
contrary to this chapter, contrary to any other law, or on the basis of false or misleading .
information supplied by a proprietor shall be revoked pursuant to section 4 -9.1 of this
chapter. Nothing in this chapter shall be construed to vest in any person obtaining and
maintaining a tobacco retailer's license any status or right to act as .a tobacco'retailer in
contravention of any provision of law.
All applications shall be submitted on a form supplied by the Business License- Division
and shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business
seeking a license.
(2) The business name, address, and telephone number of the single fixed location for
which a license is sought.
(3) A single name and mailing address authorized by each proprietor to receive all
communications and notices (the "authorized address") -required by, authorized by, or
convenient to the enforcement of this chapter. If an authorized address is not supplied,
each Proprietor shall be understood to consent to the provision of notice at the business
address specified in subparagraph (2) above.
(4) Proof that the location for which a tobacco retailer's license is'sought has been
issued a valid state tobacco retailer's license by the California Board of Equalization.
(5) Whether or not any proprietor or any agent of the proprietor has admitted violating,
or has been found to have violated, this chapter and, if so, the dates and locations of all
such violations within the previous five years.
(6) A statement signed by each proprietor that no drug paraphernalia is or will be sold
at the location for which the license is sought.
(7) Such other information as the Enforcement Director deems necessary for the
administration or enforcement of this chapter as specified on the application form
required by this section.
(b) A licensed tobacco retailer shall inform the Business License Division in writing of
any change in the information submitted on an application for a tobacco retailer's
license within ten business days of a change.{
(c) All information specified in an application 'pursuant to this section shall be subject to
disclosure under the California Public Records Act (California Government Code section
6250 et seq.) or any other applicable law, subject to the laws' exemptions.
1
4- 33.05. ISSUANCE OF LICENSE.
�1
Upon the receipt of a complete application for a tobacco retailer's license and the
license fee required by this chapter, the Business License Division shall issue a license
unless substantial evidence demonstrates that one or more of the following bases for
denial exists:
(a) The information presented in the application is inaccurate or false. Intentionally
supplying inaccurate or false information shall be a violation of this chapter.
(b) The application seeks a license for tobacco retailing at a location or for a business
for which this chapter prohibits issuance of tobacco retailer licenses. However, if a
location or business is ineligible for a licensel based solely on previous violations at that
location, this subsection shall not constitute a basis for denial of a license if the
applicant provides the city with documentation demonstrating by clear and convincing
evidence that the applicant has acquired or is acquiring the location or business in an
arm's length transaction.
(c) The application seeks a license for
chapter prohibits a license to be issued.
(d) The application seeks authorization for
(i) Prohibited pursuant to this chapter, inc
33.03 (e.g., no more than one (1) tobacco
fraction thereof);
(ii) Unlawful pursuant to this Code, incli
building code, and business license tax o
(iii) Unlawful pursuant to any other law.
4- 33.06. LICENSE RENEWAL AND EXPIRA
retailing by a proprietor to- whom this
retailing that is:
the eligibility requirements of section 4-
r per one thousand (1,000) residents or
without limitation: the zoning ordinance,
ice; or
(a) RENEWAL OF LICENSE. A tobacco retailer's license is invalid if the appropriate fee
has not been timely paid in full or if the term of the license has expired. The term of a
tobacco retailer license is one year, and shall expire at the same time as the tobacco
retailer's business license issued pursuant tolChapter 4 of the Lynwood Municipal Code.
Each tobacco retailer shall apply for the renewal of his.or her tobacco retailer's license
and submit the license fee no later than thirty (30) days prior to expiration of theterm.
(b) EXPIRATION OF LICENSE. A tobacco retailer's license that is not timely renewed
shall expire at the end of its term. To renew a license not timely renewed pursuant to
subsection (a), the proprietor must:
(1) Submit the license fee and application renewal form; and
(2) Submit a signed affidavit affirming that the proprietor:
(i) Has not sold and will .not sell any tobacco product or tobacco paraphernalia, after the
license expiration date and before the license is, renewed; or
(ii) Has waited the appropriate ineligibility period established for tobacco retailing
without a license, as set forth in Section 4- 33.12(a) of this chapter, before seeking
renewal of the license.
4- 33.07. LICENSES NONTRANSFERABLE
(a) A Tobacco retailer's license may not be transferred from one person to another or
from one location to another. A new tobacco retailer's license is required whenever a
tobacco retailing location has a change in proprietor(s).
(b) Notwithstanding any other provision of this chapter, prior violations'at a location shall .
continue to be counted against a location and license ineligibility,pperiods,shall continue
to apply to a location unless the location has been fully transferred to a new
proprietor(s) in an arm's length transaction.
4- 33.08. LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.
Nothing in this chapter shall be construed to grant any person obtaining and maintaining
a tobacco retailer's license any status or right other than the limited conditional privilege
to act as a tobacco retailer at the location in the city identified on the face of thepermit,
subject to the terms and conditions of this chapter.
4- 33.09. FEE FOR LICENSE.
The fee to issue or to renew a tobacco retailer's license shall be established from time
to time by resolution of the City Council. The fee shall be calculated sous to recover the
cost of administration and enforcement of this chapter, including, for example, issuing ,a
license, administering the license program, retailer inspection and compliance checks,
documentation of violations, and prosecution of violators, but shall not exceed the cost
of the regulatory program authorized by this chapter. Fees are nonrefundable except as
may be required bylaw.
4- 33.10. COMPLIANCE MONITORING
(a) Compliance with this chapter shall be mi
Enforcement Divisions. The City may design
monitor compliance with this chapter.
(b) Compliance checks shall be conducted s
at a minimum, if the tobacco retailer is cond
with laws regulating youth access to tot
compliance of each tobacco retailer at leas
Department may check the compliance of T
compliance a fewer number of times so that
of new licensees and tobacco retailers previ
more frequently. Nothing in this paragraph s
or other person against the City or its agents.
(c) The City shall not enforce any law
purchases or possession against a person
law because of the person's age (hereina
occurs when:
)red by the Business License or Code
any number of additional personnel to
as to allow the Department to determine,
cting business in a manner that complies
icco. The Department shall check the
two times per twelve month period. The
bacco Retailers previously found to be in
ie Department may check the compliance
isly found in violation of the licensing law
all create a right of action in any licensee
iablishing a minimum age for tobacco
o otherwise might be in violation of such
"Youth Decoy ") if the potential violation
(1) The youth decoy is participating in a compliance check supervised by the Los
Angeles County Department of Public Health or any other county or state agency.
(2) The youth decoy is acting as an age
Department to monitor compliance with this
(3) The youth decoy is participating in a com
or indirectly through subcontracting, by the
or the California Department of Public Health
4- 33.11. SUSPENSION OR REVOCATION
(a) SUSPENSION OR REVOCATION OF
any other penalty authorized by law, a tob,
revoked if any court of competent jurisdictic
4 -9 of the Code, determines that the lia
employees, has violated any of the requi
chapter or has pleaded guilty, "no contest"
any law or condition designated in Section
(b) SUSPENSION PERIODS. Notwithstar
section 4- 9.4(c) and 4- 9.5(h) of the Code,
issued under this chapter, the suspension p
be as follows:
of a person designated by the Sheriff's
apter; or
nce check funded in part, either directly
Angeles County Department of Health
LICENSE.
CENSE FOR VIOLATION. In addition to
;o retailer's license shall be suspended or
or the City Council, as provided in Section
see, or any of the licensee's agents or
ments, conditions, or prohibitions of this
its equivalent, or admitted to a violation of
33.02.
ling the suspension periods listed under
Nhich shall not be applicable to licenses
�riods for a'tobacco retailer's license shall
(1) For a first violation of this chapter at a location within any sixty -month .period, a
tobacco retailer's license shall be suspended for thirty days.
(2) For a second violation of this chapter at a location within any sixty -month period, a
tobacco retailer's license shall be suspended for sixtydays.
(3) For a third violation of this chapter at a location within any sixty -month ,period, a
tobacco retailer's license shall be revoked.
(c) APPEAL OF SUSPENSION OR REVOCATION. Except as provided in subsection
(d) of this Section 4- 33.11, a decision by the City Council under Section 4 -9 of the Code
to suspend or revoke a license may be appealed pursuant to California Code of Civil
Procedure section 1094.6 or other applicable law.
(d) REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer's license shall
be revoked if the City Council finds, as provided in Section 4-9 of the Code, that one or
more of the basis for denial of a license under Section 4 -33.05 existed at the time
application was made or at any time before the license was issued. The decision by the
City Council shall be the final decision of the city.
(e) SERVICE OF NOTICES. All notices and other communications required or
permitted to be given pursuant to this chapter shall be in writing and be given by
personal delivery, or deposited with the United States Postal Service, postage prepaid,
addressed to the parties intended to be notified. Notice shall be deemed given as of the
date of personal delivery, or if mailed, upon the date of deposit with the United States
Postal Service.
4- 33.12. TOBACCO RETAILING WITHOUT A LICENSE.
(a) In addition to any other penalty authorized by law, if a court of competent jurisdiction
determines, or the Development Services Department or any Enforcement Department
finds based on a preponderance of evidence, after notice and an. opportunity to be
heard, that any person has engaged in tobacco retailing at a location without a valid
tobacco retailer's license, either directly or through the person's agents or employees,
the person shall be ineligible to apply for, or to be issued, a tobacco retailing license as
follows:
(1) After a first violation of this section at a location within any sixty -month period, no
new license maybe issued for the person or the location, (unless ownership of the
business at the location has been transferred in an arm's-length transaction), until (1
year) has passed from the date of the violation.
(2) After a second violation of this section at a location within any sixty -month period, no
new license may be issued for the person or the location (unless ownership of the
business at the location has been transfer
years has passed from the date of the violati
(3) After of a third or subsequent violation
month (period, no new license may be iss
ownership of the business at the location
transaction.
(b) Tobacco products and tobacco parapt
violation of this section are subject to seize
Enforcement Divisions or any peace officer a
any other owner of the tobacco products e
reasonable notice and an opportunity to dE
tobacco paraphernalia were not offered for E
Within 10 working days, the decision by the
Council, which shall review the decision at a
be set by resolution of the City Council.
paraphernalia shall be destroyed after all intE
time in which to seek judicial review pursL
section 1094.6 or other applicable law has
such a suit is filed, after judgment in that suit
(c) For the purposes of the civil remedies
(1) Each day on which a tobacco product or
violation of this chapter; or
(2) Each individual retail tobacco product
paraphernalia that is distributed, sold, or offE
constitute a separate violation of this chapte
4- 33.13. ENFORCEMENT.
(a) The remedies provided by this chapter
remedies available at law or in equity.
(b) Whenever evidence of a violation of this
participation of a person under the age of (
not be required to appear or give testir
brought to enforce this chapter and the a
upon the sufficiency and persuasiveness of
(c) Violations of this chapter are subject to
or the City Attorney, punishable by a civil
violation.
in an arm's length transaction), until 5
this section at a location within any sixty
�d for the person or the location, unless
as been transferred in an arm's length
;rnalia offered for sale or exchange in
-e by the City's Business License or Code
nd shall be forfeited after the licensee and
id tobacco paraphernalia seized is given
monstrate that the tobacco products and
ale or exchange in violation of this chapter.
Department may be appealed to the City
,public hearing. The fee for appeals shall
Forfeited tobacco products and tobacco
-nal appeals have been exhausted and the
ant to California Code of Civil Procedure
!xpired without the filing of a lawsuit or, if
)ecomes final.
in this chapter:
paraphernalia is offered for sale in
nd each individual retail item of tobacco
EA for sale in violation of this chapter; shall
cumulative and in addition to any other
iapter is obtained in any part through the
hteen (18) years old, such a person shall
ny in any civil or administrative process
ged violation shall be adjudicated based
evidence presented.
civil action brought by the City Prosecutor
fine of one thousand dollars ($1,000) per
(d) Violations of this _ chapter may, in the discretion of the City. Attorney or City
Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice
so require.
(e) Causing, permitting, aiding, abetting, or concealing a violation of•any provision of this
chapter shall also constitute a violation of this chapter.
(f) Violations of this chapter are hereby declared to be public nuisances.
(g) In addition to other remedies provided by this chapter or by other law, any violation
of this chapter may be remedied by any enforcement' procedure authorized under the
Lynwood Municipal Code, or by a civil action brought by.the City Attorney including, fo'r
example, administrative or judicial. nuisance abatement proceedings, civil or criminal
code enforcement proceedings, and'suits for injunctive relief.
(h) Any person or entity, acting for the interests of itself, its members, or the general
public (hereinafter "the private enforcer ") may bring a civil action to enforce this chapter
by way of a conditional judgment in small claims court or an injunction issued in the
unlimited jurisdiction of the Superior Court.
SECTION 3. If any section, subsection, subdivision; paragraph, sentence, clause
or phrase of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions;
paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any
other person or circumstance. The City Council of the City of Lynwood hereby declares
that it would have adopted each section, subsection, subdivision, paragraph, sentence,
clause or phrase hereof, irrespective of the fact that any one or more other sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases 'hereof be
declared invalid or unenforceable.
SECTION 4. This Ordinance shall take effect thirty days after its final passage by
the City Council.
SECTION 5. The City Clerk shall certify as to the adoption of this Ordinance.
SECTION 6. The City Clerk of the City of Lynwood is hereby directed to certify to
the passage and adoption of this Ordinance and to cause it to be published.as required'
by law.
First read at a regular meeting of the City Council held on the 2 "d day of October,
2012 and adopted and ordered published at a regular meeting of said Council held on
the 16th day of October, 2012.
PASSED, APPROVED AND
ATTEST:
/Y&- � & I �-
aria L. Quinonez, C6f Clerk
APPROVED AS TO FORM:
4��90 a
Fred Galante, City Attorney
this 16`h day of October 2012.
Morton, Mayor
�:��_ v�
Roger L. H6]e-y, 6t�Manager
APPROVED AS TO CONTENT:
Quinonez,
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do' hereby certify that the
above and foregoing Ordinance was duly adopted by the City.Council of the City of
Lynwood at its regular meeting held on the 16th day of October, 2012.
AYES: COUNCIL MEMBERS RODRIGUEZ, SANTILLAWBEAS, ALATORRE
AND MORTON
NOES: COUNCIL MEMBER CASTRO
ABSENT: NONE
ABSTAIN: NONE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of. Lynwood, and; Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1553 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 16th day of October, 2012.
Maria Quinonez, City Clerk