HomeMy Public PortalAbout06-1365 ORDINANCE NO. 06-1365
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARSON, CALIFORNIA, ESTABLISHING A
TOBACCO RETAILER'S PERMIT
WHEREAS, the City Council for the City of Carson desires to establish a process to
regulate the sale of tobacco within the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 63 150.5, "Tobacco Retailer's Permit" is hereby added to the
Carson Municipal Code to read as follows:
"§ 63150.5 Tobacco Retailer's Permit - Purpose.
The purpose of this section is to encourage responsible tobacco retailing and to
discourage violations of tobacco-related laws that (1) prohibit the sale or
distribution of tobacco products to minors and (2) prohibit the display of tobacco
products from being within reach of the public. This permit process is not
intended to expand or reduce the degree to which tobacco-related activities are
regulated by federal or state law, including criminally prosecution for violations
of such laws, or to alter the penalty provided therefore."
Section 2. Section 63150.5.1, "Definitions" is hereby added to the Carson Municipal
Code to read as follows:
"§ 63150.5.1 Definitions.
"City" means the City of Carson,California.
"Code Enforcement Officer"'means any employee or agent of the City who is
designated to enforce any provision of this Code.
"Director" means the City's Finance Officer or his or her designee.
"Newly established business" means a business which was not engaged in
tobacco retailing within the City during the immediately preceding permit
renewal period.
"Person" means any natural person, partnership, cooperative association,
domestic or foreign corporation, receiver, trustee, assignee, or any other legal
entity.
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"Tobacco product" means any substance containing tobacco leaf, including but
not limited to any tobacco cigarette, cigar, pipe tobacco, snuff, smokeless
tobacco or any other form of tobacco which may be utilized for smoking,
chewing, inhaling or other manner of ingestion.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipe holders,
smoking materials of all types, cigarette rolling machines, and any other item
designed to facilitate smoking or the ingestion of tobacco products.
"Tobacco retailer" means any person who sells, offers for sale, or offers to
exchange for any form of consideration, tobacco, tobacco products or tobacco
paraphernalia; "tobacco retailing" shall mean engaging in any of these things."
Section 3. Section 63 150.5.2, "Requirements for Tobacco Retailer's Permit" is
hereby added to the Carson Municipal Code to read as follows:
"§ 63150.5.2 Requirements for Tobacco Retailer's Permit.
It shall be unlawful for any person to act as a tobacco retailer without first
obtaining and maintaining a valid Tobacco Retailer's Permit pursuant to Section
63150.5, et seq. for each location at which such activity is to occur. No permit
will be issued to authorize tobacco retailing at any place other than a fixed
location; peripatetic tobacco retailing and tobacco retailing from vehicles are
prohibited.
Each day that a person offers tobacco, tobacco products or tobacco paraphernalia
for sale or exchange within the City without a valid permit shall constitute a
separate violation of this code."
Section 4. Section 63150.5.3, "Application Procedure" is hereby added to the Carson
Municipal Code to read as follows:
"§ 63150.5.3 Application Procedure.
A completed application for a Tobacco Retailer's Permit (including the payment
of all necessary fees) shall be submitted to the Director. The application shall be
sought in the name of the person proposing to conduct retail tobacco sales and
shall be signed by such person or, in the case of a business, by an authorized
agent thereof. A valid city business license is also required before a Tobacco
Retailer's Permit may be issued. Each person applying for a Tobacco Retailer's
Permit shall be responsible for reviewing the conditions of conducting retail
4 tobacco sales within the City and shall agree to abide by these conditions by
`= signing the application under penalty of perjury. All applications shall be
submitted on the form supplied by the Director and shall contain the following
information:
1. The legal name, address, and telephone number of the applicant.
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2. The business name, address and telephone number of the fixed location
for which a Tobacco Retailer's Permit is sought.
3. A statement whether or not the applicant has ever applied for and was
denied or has been issued a Tobacco Retailer's Permit from the City or
any other jurisdiction which was revoked or suspended and the dates and
circumstances surrounding the suspension and/or revocation.
4. A statement of whether the applicant, its agents or employees have been
convicted of a felony involving or related to the sale of tobacco, tobacco
paraphernalia or tobacco products within the past 5 years
5. Such additional information as the Director may reasonably require."
Section 5. Section 63150.5.4, "Issuance and Renewal of Permit" is hereby added to
the Carson Municipal Code to read as follows:
"§ 63150.5.4 Issuance and Renewal of Permit.
Upon the receipt of a complete application for a Tobacco Retailer Permit and the
payment of the applicable permit fee, the City shall issue a permit unless any of
the following occur:
1. The application is incomplete or inaccurate.
2. The application seeks authorization for tobacco retailing at an address that
appears on a permit that is suspended, has been revoked, or is subject to
suspension or revocation proceedings for violation of any of the
provisions of Section 63150.5, et seq.; provided, however, this
subparagraph shall not constitute a basis for denial of a permit if either or
both of the following apply:
a) The applicant provides the City with documentation
demonstrating, to the Director's satisfaction, that the applicant has
acquired or is acquiring the premises or business in an arm's
length transaction. For the purposes of this subparagraph., an
"arm's length transaction" is defined as 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
under any compulsion to participate in the transaction. A sale
between relatives, related companies or partners, or a sale for the
primary purpose of avoiding the effect of the violations of this
section that have occurred at the location, will be presumed not to
be and"arm's length transaction."
b) It has been more than three (3) years since the most recent
permit for that location was revoked.
3. The application seeks authorization for tobacco retailing by a person who
has a currently suspended Tobacco Retailer's Permit or who has had a
permit revoked, pursuant to Section,63150.5, et seq., within the last three
(3) years;
4. The application seeks authorization for tobacco retailing in a manner
which would violate this Code or any other local, state or federal law.
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5. The applicant, its agents or employees, has been convicted of a felony
involving or related to the sale of tobacco, tobacco paraphernalia or.
tobacco products within the past 5 years.
6. The issuance of a Tobacco Retailer's Permit would be in conflict with any
other city ordinance."
Section 6. Section 63150.5.5, "Permits Not Transferable" is hereby added to the
Carson Municipal Code to read as follows:
"§63150.5.5 Permits Not Transferable.
A Tobacco Retailer's Permit shall be non-transferable. Should a new person
acquire a business that is engaged in tobacco retailing,that person must apply for
a new permit prior to the commencement of any retail activity."
Section 7. Section 63150.5.6, "Display of Permit" is hereby added to the Carson
Municipal Code to read as follows:
"§ 63150.5.6 Display of Permit.
Each Tobacco Retailer's Permit shall be prominently displayed in a publicly
visible location where tobacco retailing occurs."
Section 8. Section 63150.5.7, "Permit Fees" is hereby added to the Carson Municipal
Code to read as follows:
"§ 63150.5.7 Permit Fee.
The fee for filing an application for a Tobacco Retailer's Permit shall be
established by resolution of the City Council and may be amended from time to
time. The application fee is nonrefundable; however, if a permit is denied, the
business license fee paid shall be refunded. This permit fee is calculated so as to
recover the cost of both the administration and enforcement of the permit,
including the cost of issuing the permit, renewing the permit, administering the
Tobacco Retailer's Permit program, retailer inspection and compliance checks,
documentation of violations, adjudications and prosecutions of violators."
Section 9. Section 63150.5,.8, "Permit Violation—Compliance Monitoring" is hereby
s
added to the Carson Municipal Code to read as follows:
"§ 63150.5.8 Permit Violation—Compliance Monitoring.
It shall be a violation of a Tobacco Retailer's Permit for any Tobacco Retailer's
Permittee, or his or her agents or employees, to violate any local, state or federal
tobacco-related law.
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Compliance with this section shall be monitored by the Los Angeles County
Sheriffs Department — Carson Station. Notwithstanding the forgoing, any City
peace officer or code enforcement officer is authorized to enforce Section
63150.5, et seq. The City shall request that the Los Angeles County Sheriffs
Department verify compliance of each tobacco retailer with Section 63150.5, et
seq., a minimum of one time per twelve (12) month period. Compliance checks
shall include an investigation into whether a tobacco retailer is complying with
tobacco laws prohibiting the sale of tobacco products to minors. The Los
Angeles County Sheriffs Department may use youth decoys and shall comply
with protocols for the compliance checks developed in consultation with Los
Angeles County Department of Health Services.
The City shall not enforce any tobacco-related minimum-age law against a
person who otherwise might be in violation of such law because of such person's
age (herein"youth decoy") if the potential violation occurs when the youth decoy
is participating in a compliance check supervised by a peace officer, a code
enforcement official or an agent of another governmental agency."
Section 10. Section 63150.5.9, "Permit Compliance Incentives" is hereby added to the
Carson Municipal Code to read as follows:
"§ 63150.5.9 Permit Compliance Incentives.
Upon a finding by the City that a Tobacco Retailer's Permittee has not violated
Section 63150.5, et seq., within the preceding three-year period, the Director
shall grant a ten percent (10%) discount from the permit fee set forth in Section
63150.5.8.
Upon a finding by the City that a Tobacco Retailer's Permittee has not violated
Section 63150.5, et seq„ within the preceding six-year period, the Director shall
grant an additional ten percent (10%) discount, for a total of a twenty percent
(20%) discount, from the permit fee Set forth in Section 63150.5.8."
Section 11. Section 63150.5.10, "Suspension or Revocation of Permit" is hereby
added to the Carson Municipal Code to read as follows:
"§ 63150.5.10 Suspension or Revocation of Permit.
In addition to any other penalty authorized by law, a Tobacco Retailer's Permit
may be suspended or revoked if the City finds, after notice to the Tobacco
Retailer Permittee and an opportunity for the permittee to be heard, that the
permittee, or his or her agents or employees, has violated any of the provisions of
Section 63150.5, et seq. or any other local, state or federal law relating to
tobacco; provided, however, that a violation by a permittee at one location may
not be cause for such permittee to lose its permit at any other location within the
City where such permittee is engaged in the retail sale of tobacco. Similarly, the
violation of a Tobacco Retailer's Permit at a particular location will not bar the
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City from granting a new Tobacco Retailer's Permit to another applicant who is
unrelated to the prior permittee for the same location.
1. Upon a finding by the City of a first violation of any provision of Section
63150.5, et seq., within any three-year period, the Director may:
a) Issue a written warning to the permittee.
b) Advise the permittee of the penalties for further violations of the
ordinance.
c) Require the permittee to provide documentation to the City that all
employees engaged in the retail sales of tobacco have received
training in a City approved program within sixty (60) days after the
warning, or such other time as shall be set by the Director.
2. Upon a finding by the City of a second permit violation of any provision
of Section 63150.5, et seq., within any three-year period, the Tobacco
Retailer's Permit may be suspended up to thirty (30) days.
3. Upon a finding by the City of a third permit violation of any provision of
Section 63150.5, et seq., within any three-year period, the Tobacco
Retailer's Permit may be suspended up to ninety (90) days.
4. Upon a finding by the City of a fourth permit violation of any provision of .
Section 63150.5, et seq., within any three-year period, the Tobacco
Retailer's Permit may be suspended for up to one (1) year.
5. Upon a finding by the_City of a fifth permit violation of any provision of
Section 63150.5, et seq., within any three-year period, the Tobacco
Retailer's Permit may be revoked.
A Tobacco Retailer's Permit shall be revoked if the City finds, after notice to the
permittee and an opportunity for the permittee to be heard, that any one of the
conditions listed below existed at the time of the violation. The revocation of a
Tobacco Retailer's Permit shall prohibit the permittee from tobacco retailing
within the City for a period of 3 years. The revocation shall be without prejudice
to the filing of a new application for a Tobacco Retailer's Permit by a new
applicant at an address where a permit has been revoked.
1. One or more of the bases for denial of the Tobacco Retailer's Permit listed
in Section 63150.5.4. existed at the time the Tobacco Retailer's Permit
application was made or at anytime before the permit was issued.
2. The application is incomplete for failure to provide the information
required by Section 63150.5.3.
3. The information contained in the application, including any supplemental
information, is found to be false in any material respect.
4. The application seeks authorization for tobacco a type of tobacco retailing
that is unlawful pursuant to this Code or any other local, state or federal
law.
In the event the City denies, suspends or revokes a Tobacco Retailer's Permit,
written notice of the denial, suspension or revocation shall be' served upon the
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applicant or permittee, as the case may be, within five (5) days of the decision to
deny, suspend or revoke the permit to the mailing address specified in the
application.
During a period of suspension of a Tobacco Retailer's Permit, the permittee must
remove from public view all tobacco products and tobacco paraphernalia at the
address that appears on the suspended or revoked Tobacco Retailer's Permit."
Section 12. Section 631 50.5.11, "Notification and Appeals" is hereby added to the
Carson Municipal Code to read as follows:
"§ 63150.5.11 Notification and Appeals.
1. Any notice of denial, suspension or revocation of a Tobacco Retailer's
Permit shall state the reasons for such action and the appropriate remedy
or cure, if applicable.
2. Any notification to given pursuant to Section 63150.5, et seq., shall be
deemed given once the notice is sent by facsimile to the facsimile number
listed on the application, or if no number is listed,when notice is placed,
postage prepaid in the United States mail, addressed to the applicant at
the address shown on the permit application.
3. Any applicant or permittee aggrieved by a decision or action of the
Director under Section 63150.5, et seq., shall have the right to appeal
such decision to the City Council.
(a) Any appeal that is filed pursuant to this Section shall be filed, and
all appropriate fees shall be paid, with the City Clerk within
fourteen (14) calendar days after notice of denial, approval or
revocation is given by the City. The City Council shall act upon
any such appeal within twenty-eight (28) calendar days of the filing
of the appeal.
(b) Upon receipt of an appeal that is filed pursuant to this Section, the
City Clerk shall set a date for a hearing of the matter and give
notice of the date, time and place of the hearing to the
applicant/appellant. Prior to such hearing, the Director shall
transmit to the City Clerk a report of his/her findings. At the
hearing by the City Council, the Director shall present all
documents on file with respect to the matter being appealed.
(c) The City Council shall consider the record and such additional
evidence as may be offered and may affirm, reverse or modify, in
whole or in part, the action that was appealed. The City Council
may also make or substitute additional decisions or determinations
as it finds warranted under the provisions of Section 63150.5, et
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seq., and may waive any requirement of Section 63150.5, et seq.,
where it is found to be in the public interest. The City Clerk shall
transmit a written copy of the City Council's decision to the
applicant/appellant within five (5) days of the hearing."
Section 13. If any provision(s) of this ordinance or the application thereof to
any person or circumstances is held invalid or unconstitutional by any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any other
provision or application, and to this end the provisions of this ordinance are declared to
be severable. The City Council hereby declares that they would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion
thereof, irrespective of the fact that any one or more sections, subsections, clauses,
phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 14. The City Clerk shall certify to the adoption of this ordinance, and shall
cause the same to be posted in the manner required by law.
Section 15. , This ordinance shall be effective thirty(30) days following its adoption.
PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF November, 2006.
Mayor Jim Dear .
ATTEST:
4k
City Clerk Helen S. Kawagoe
APPROVED AS TO FORM:
City Attorney
f
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance
No. 06-1365 passed first reading on November 8, 2006, was duly and regularly adopted by the City Council
of said City at a regular meeting of said Council, duly and regularly held on the 21 st day of November, 2006,
and that the same was passed and adopted by the following roll call vote:
AYES: COUNCIL MEMBERS: Mayor Dear, Ruiz-Raber, Santarina, Williams and Gipson
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
City Clerk, City of Carson,ralifornia
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