5.24.070 Fees for license; license renewal and expiration.

   A.   License Fees. The fee to issue or to renew a tobacco retailer's license shall be established by resolution of the governing body of the "department". The fee shall be calculated as to recover the total cost of both license administration and license enforcement including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violation, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

   B.   License Renewal. A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one 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 30 days prior to the expiration of the term.

   C.   License Expiration. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to division B above, the proprietor must:

      1.   Submit the license fee plus a reinstatement fee of 10% of the license fee.

      2.   Submit a signed affidavit affirming that the proprietor:

         (a)   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

         (b)   Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in § 5.24.110 of this chapter, before seeking renewal of the license.

(Ord. 365, § 8, 2006)

5.24.080 Other licensing requirements and prohibitions.

   A.   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:

      1.   Violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing;

      2.   Violate any local, state, or federal law regulating exterior, storefront, window, or door signage.

   B.   Display of License. Each tobacco retailer license shall be prominently displayed in a publicly-visible location at the licensed location.

   C.   Minimum Age for Person 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.

(Ord. 365, § 9, 2006)

5.24.090 Compliance monitoring.

   A.   The city may monitor compliance with this chapter using city staff, or the city manager may designate the Riverside County Health and Human Services Department or another agency to perform these functions under agreement with that agency. Any peace officer may enforce the penal provisions of this chapter.

   B.   The city, or the city managers designee as described in subsection A. above, shall endeavor to check the compliance of each tobacco retailer at least three times per 12-month period. Nothing in this division shall create a right of action in any licensee or other person against the department or its agents.

   C.   Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

   D.   The city, or the city managers designee as described in subsection A. above, shall not enforce any law establishing a minimum age for tobacco purchases or possession against any 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 a compliance check supervised by a peace officer or a code enforcement official of the city; or

      2.   The youth decoy is participating in a compliance check funded, in part, either directly or indirectly through subcontracting, by the city or the County Department of Health and Human Services, or funded, in part, either directly or indirectly, through subcontracting, by the California Department of Health Services.

(Ord. 365 § 10, 2006)

5.24.100 Revocation of license.

   A.   Revocation of License for Violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the city, using city staff, or the Riverside County Hearing Officer, if so designated by the city manager per an agreement with the Riverside County Health and Human Services Department, finds, after the licensee is afforded notice, as described in Sections 1.04.120 through 1.04.130 of this code, 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 of prohibitions of this chapter or, in a different legal proceeding, has pleaded guilty, "no contest," or its equivalent, or admitted to a violation of any law designated in Section 5.24.080 of this chapter.

   B.   New License After Revocation.

      1.   After revocation for a first violation of this chapter at a location within any 60-month period, no new license may be issued for the location until ten days have passed from the date of revocation.

      2.   After revocation for a second violation of this chapter at a location within any 60-month period, no new license may be issued for the location until 30 days have passed from the date of revocation.

      3.   After revocation for a third violation of this chapter at a location within any 60-month period, no new license may be issued for the location until 90 days have passed from the date of revocation.

      4.   After revocation for a fourth or subsequent violation of this chapter at a location within any 60-month period, no new license may be issued for the location until five years have passed from the date of revocation.

   C.   Revocation of License Issued in Error. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded a reasonable notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 5.24.050 existed at the time application was made or at any time before the license was issued. The decision by the department shall be the final decision of the city. The revocation shall be without prejudice to the filing of a new license application.

(Ord. 365 § 11, 2006)

5.24.110 Tobacco retailing without a license.

   In addition to any other penalty authorized by law, if the department finds or any court of competent jurisdiction determines, 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 be issued a tobacco retailing license for that location as follows:

   A.   After a first violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until 30 days have passed from the date of the violation.

   B.   After a second violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until 90 days have passed from the date of the violation.

   C.   After a third or subsequent violation of this chapter at a location within a 60-month period, no new license may issue for the person at the location until five years have passed from the date of the violation.

(Ord. 365 § 12, 2006)