Loading...
(A) Renewal of license. A tobacco retailer's license is invalid if the appropriate license 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 calendar year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than November 30 of each year.
(B) Expiration of license. A tobacco retailer's license that is not timely renewed shall expire on December 31 of each year. To renew a license not timely renewed pursuant to subparagraph (A), above, the proprietor must:
(1) Submit the license fee and the renewal form; and
(2) Submit a signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
(A) A tobacco retailer's license may not be transferred from one location to another.
(B) A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s).
(C) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless the new proprietor(s) provide the department with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
Nothing in this article 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 town identified on the face of the license. For example, nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code including, without limitation, the zoning ordinance and building codes, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Labor Code § 6404.5. For example, obtaining a tobacco retailer's license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of Cal. Labor Code § 6404.5.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the Town Council. The fee shall be calculated so as to recover the cost of administration and enforcement of this article, including, for example, issuing a license, administering the license program, retailer education, 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 article. Fees are nonrefundable except as may be required by law.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
(A) Compliance with this article shall be monitored by the department. In addition, any peace officer may enforce the penal provisions of this article. The department may designate any number of additional persons to monitor compliance with this article.
(B) The department will work with Marin County Tobacco Program to inspect each tobacco retailer at least one time per 12-month period. Nothing in this paragraph shall create a right of action in any licensee or other person against the Town or its agents.
(C) The department shall not enforce any law establishing a minimum age for tobacco purchases or possession against a minor person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
(1) The youth decoy is participating in an inspection supervised by a peace officer, code enforcement official, or the person designated by the town to monitor compliance with this article;
(2) The youth decoy is acting as an agent of a person designated by the town to monitor compliance with this article; or
(3) The youth decoy is participating in an inspection funded in part, either directly or indirectly through subcontracting, by the County of Marin Department of Health and Human Services or the California Department of Health Services.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
(A) Suspension or revocation of license for violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be suspended or revoked if any court of competent jurisdiction determines, or the department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this article or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in § 8.44.210 above.
(1) Upon a finding by the department of a first violation of this article at a location within any 60-month period, the license shall be suspended for 30 days.
(2) Upon a finding by the department of a second violation of this article at a location within any 60-month period, the license shall be suspended for 90 days.
(3) Upon a finding by the department of a third violation of this article at a location within any 60-month period, the license shall be suspended for one year.
(4) Upon a finding by the department of four or more violations of this article at a location within any 60-month period, the license shall be revoked and thereafter the licensee shall be ineligible to apply for a new license for five years.
(B) Appeal of suspension or revocation. A decision of the department to suspend or revoke a license is appealable to the Town Council and any appeal must be filed in writing with the Town Clerk within 15 days of mailing of the department's decision and the applicable appeal fee must be paid. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the Town Council is not available for a revocation made pursuant to subsection (C) below.
(C) Revocation of license wrongly issued. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the grounds for denial of a license under § 8.44.230 existed at the time application was made or at any time before the license issued. The decision by the department shall be the final decision of the town. Such a revocation shall be without prejudice to the filing of a new license application.
(D) Judicial action to challenge. Any final administrative action to suspend or revoke a tobacco retailer's license under this article shall be subject to judicial review pursuant to Cal. Gov’t Code § 53069.4, which, among other things, requires such a judicial challenge to be brought within 20 days of service of the final decision.
(Ord. 814, passed 12-6-2017; Am. Ord. 858, passed 11-3-2021)
Loading...