HomeMy Public PortalAbout20-066 - Temporarily Postponing Enforcement of Tobacco/E-Cig PermitteesRESOLUTION NO. 20-066
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA,
TEMPORARILY POSTPONING THE ENFORCEMENT OF ORDINANCE NO. 19-1940
AGAINST EXISTING TOBACCO AND ELECTRONIC CIGARETTE PERMITTEES
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of Carson
("City") has the police power to make and enforce within its limits all local, police, sanitary, and other
ordinances and regulations not in conflict with general laws; and
WHEREAS, the City has discretion over enforcement of its laws and, pursuant to Section 818.2 of
the California Government Code, is immune from injury caused by failure to enforce any law; and
WHEREAS, on January 14, 2020, the City Council unanimously adopted Ordinance No. 19-1940
(the "Ordinance"), which amended Carson Municipal Code Section 63150.5 et seq. to prohibit the retail
sale of: (1) electronic cigarettes and other vaping devices that have not been approved by the FDA for
introduction into interstate commerce, and (2) flavored tobacco products, including menthol and
flavored hookah products, in order to protect the public health, safety and welfare of the residents and
visitors of the City; and
WHEREAS, Ordinance No. 19-1940 became effective on February 13, 2020; and
WHEREAS, significant public input and comments received by the City have indicated that many
of the City business owners who are existing "tobacco and electronic cigarette permit" permittees under
Carson Municipal Code Section 63150.5 et seq. ("Permittees") are facing economic hardships in regards
to complying with Ordinance No. 19-1940, and that providing additional time to comply would alleviate
this hardship by allowing Permittees to exhaust their existing inventory of products prohibited by
Ordinance No. 19-1940; and
WHEREAS, the onset of the COVID-19 pandemic, which gave rise to a state-wide state of
emergency declared by the State of California on March 4, 2020, and a local state of emergency
declared by the City of Carson on March 17, 2020, has resulted in economic hardship to Permittees
arising from (without limitation) the "stay at home" order issued by Governor Newsom and the general
public health obligation of every person to avoid leaving their homes for non-essential purposes. These
hardships, while unrelated in origin to Ordinance No. 19-1940, have interfered with the ability of
Permittees to exhaust their existing inventories of products the sale of which is prohibited by Ordinance
No, 19-1940_ Additionally, in light of the severity and indefinite duration of the economic hardships
caused to Permittees by the COVID-19 pandemic, the Council wishes to provide Permittees additional
time to comply with Ordinance No. 19-1940 so as not to compound these hardships; and
WHEREAS, based on the foregoing, the City Council desires to provide a grace period to the
enforcement of the Ordinance by postponing its enforcement against existing tobacco and electronic
cigarette permittees until the end of the 2020 calendar year to allow such permittees sufficient time to
exhaust their existing inventories of electronic cigarettes and flavored tobacco products and come into
compliance with Ordinance No. 19-1940.
RESOLUTION NO. 20-066
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY FIND,
DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference
as though set forth in full as findings of fact.
SECTION 2. Based on the foregoing findings, and to diminish economic hardship on existing
tobacco and electronic cigarette permittees with respect to effectiveness of Ordinance No. 19-1940, the
City Council hereby approves a grace period, commencing retroactively from the effective date of said
ordinance (February 13, 2020) and continuing until the end of the 2020 calendar year, for existing
tobacco and electronic cigarette permittees to come into compliance with Ordinance No. 19-1940. City
staff is hereby directed to postpone enforcement of Ordinance No. 19-1940 against such existing
permittees until January 1, 2021, at which point enforcement shall resume in full with no exceptions.
SECTION 3. The City Council, by this resolution, does not intend to amend or alter the
provisions or effectiveness of Ordinance No. 19-1940, which remains valid and in full force and effect.
SECTION 4. This resolution shall be effective immediately upon its adoption.
SECTION S. The City Clerk shall certify to the passage and adoption of this Resolution and enter
it into the book of original Resolutions.
01007.0001/633314.3
[SIGNATURES ON THE FOLLOWING PAGE]
RESOLUTION NO. 20-066
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PASSED, APPROVED and ADOPTED by the City Council of the City of Carson, California, at a
regular meeting held on the 7th day of April, 2020.
APPROVED AS TO FORM= CfTY OF CARSON:
6;01r�
- Aqj;�-
Sunny K. Soltani, City Attorney AI rt Robles, Mayor
Alf:
e
Donesia GausesAidana, MMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Donesia Gause, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing resolution, being Resolution No. 20-066, adopted by the City of Carson City Council at its
meeting held on April 7, 2020, by the following vote-
AYES- COUNCIL MEMBERS: Robles, Dear, Hilton
NOES- COUNCIL MEMBERS: Davis -Holmes
ABSTAIN: COUNCIL. MEMBERS: Hicks
ABSENT: COUNCIL MEMBERS. None n
010074MI/633314 3
City Clerk
RESOLUTION NO. 20-066
Page 3 of 3
na, MMC, City Clerk
PASSED, APPROVED and ADOPTED by the City Council of the City of Carson, California, at a
regular meeting held on the 7th day of April, 2020.
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. Soltani, City Attorney
Aljkrt Robles, Mayor
ATTEST:
auselAldana, MMC, City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF CARSON }
I, Donesia Gause, City Clerk of the City of Carson, California, hereby attest to and certify that the
foregoing resolution, being Resolution No. 20-066, adopted by the City of Carson City Council at its
meeting held on April 7, 2020, by the following vote:
AYES: COUNCIL MEMBERS: Robles, Dear, Hilton
NOES: COUNCIL MEMBERS: Davis—Holmes
ABSTAIN
ABSENT:
01007.00011633314.3
COUNCIL MEMBERS: Hicks
COUNCIL MEMBERS: None
City Clerk
RESOLUTION NO. 20-066
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use-Aldana, MMC, City Clerk