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(A) An application for a tobacco retailer permit shall be submitted on a form supplied by the collector, signed by each proprietor or an authorized agent thereof, and shall contain the following information:
(1) The name, title, address, and telephone number of each proprietor of the business seeking a permit.
(2) The business name, address, and telephone number of the single fixed location for which a permit is sought.
(3) A single name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this article.
(4) Proof that the location for which a tobacco retailer permit is sought has been issued a valid state tobacco retailer’s license by the California Board of Equalization, if applicable.
(5) The dates and locations of any admitted violations of this article or of any tobacco permit requirement by any proprietor or any agent of the proprietor and the dates and locations of any violations of this article or of any tobacco permit requirement found to have been committed by any proprietor or any agent of the proprietor within the previous five years.
(6) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this article, and if so, the dates and locations of all such violations within the previous five years.
(7) Such other information as the collector deems necessary for the administration or enforcement of this article as specified on the application form required by this section.
(B) A permitted tobacco retailer shall inform the collector in writing of any change in the information submitted on an application for a tobacco retailer permit within ten business days of such change.
(C) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (Cal. Gov’t Code, Sections 6250 et seq.) or any other applicable law.
(Ord. No. 2854, 2973)
(A) Upon receipt of a completed application for a tobacco retailer permit and the applicable permit fee, the collector shall issue a permit, after receiving input from appropriate city departments, unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is inaccurate or false;
(2) The application seeks authorization for tobacco retailing at a location for which this article prohibits issuance of tobacco retailer permits;
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this article prohibits a permit to be issued; or
(4) The application seeks authorization for tobacco retailing that is prohibited pursuant to this article, that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
(B) The total number of tobacco retailer permits issued by the collector shall not exceed 100.
(C) In the event that the number of active tobacco retailer permits reaches the maximum limit of 100 as specified in subsection (B), no additional tobacco retailer permits shall be issued until such time as the total number of active tobacco retail permits falls below the maximum limit.
(D) Notwithstanding the cap on the total number of tobacco retailer permits as specified in subsections (B) and (C), the following exceptions shall apply:
(1) Adult child exception. The adult child of a tobacco retailer who operated a tobacco retail establishment at a specific location shall be eligible to acquire a tobacco retailer permit at the same location as the previously operated tobacco retail establishment without impacting the cap on the total number of permits.
(2) Relocation due to government order. A tobacco retailer who is required to relocate to another location within the city due to a government order or regulatory action shall be eligible to acquire a tobacco retailer permit at a new location without impacting the cap on the total number of permits.
(3) Spouse or domestic partner succession. Upon the death of or divorce from the permit holder, a spouse or domestic partner who acquires ownership of the tobacco retailer establishment shall be eligible to acquire a tobacco retailer permit without impacting the cap on the total number of permits.
(E) Any permit issued under the exceptions established in subsection (D) shall be subject to all other applicable provisions of the code governing tobacco retailer permits.
(Ord. No. 2854, 2973, 3048)
(A) A tobacco retailer’s permit is invalid if the appropriate fee has not been timely paid in full or if the term of the permit has expired. The term of a tobacco retailer permit is 12 months. An application for the renewal of a tobacco retailer permit shall be submitted to the collector, along with the permit renewal fee as established by resolution of the city council, no later than 30 days prior to the expiration of the permit.
(B) A tobacco retailer permit that is not timely renewed shall expire at the end of its term. To renew a permit not timely renewed pursuant to subsection (A) of this section, the proprietor(s) must provide the following:
(1) An application for a new tobacco retailer permit along with the new application permit fee as established by resolution of the city council; and
(2) A signed affidavit affirming that the tobacco retailer:
(a) Has not sold and will not sell any tobacco product after the permit expiration date and before a new permit is issued; or
(b) Has waited the appropriate ineligibility period established for tobacco retailing without a permit, as set forth in section 11-382 of this code, before seeking a new permit.
(Ord. No. 2854, 2973)
(A) A tobacco retailer permit may not be transferred from one person to another or from one location to another.
(B) A new tobacco retailer permit is required when a tobacco retailing location has a change in ownership.
(C) Notwithstanding any other provision of this article, prior violations at a location shall continue to be counted against a location and permit ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new owner or fully transferred to entirely new owners; and
(2) The new owner or owners provide the collector with clear and convincing evidence that the new owner or owners have acquired or are acquiring the location in an arm’s length transaction.
(Ord. No. 2854, 2973)
The fee to issue or to renew a tobacco retailer’s permit shall be established from time to time by resolution of the city council. The fee shall be calculated so as to recover the cost of administration and enforcement of this article, including, for example, issuing a permit, administering the permitting 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. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
(Ord. No. 2973)
(A) In addition to any other penalty authorized by law, a tobacco retailer permit may be suspended or revoked by the collector, after notice and an opportunity to be heard as set forth in chapter l, article V of this code, for failure of the permittee, or any of the permittee's agents or employees, to comply with applicable local, State, or federal rules, regulations, or laws concerning tobacco retailing, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit.
(B) Any person, including a city officer or employee, may file with the collector a written request for revocation, suspension, or modification of a tobacco retailer permit, stating facts showing that the permittee, or any of the permittee’s agents or employees, failed to comply with applicable rules, laws, regulations, or permit conditions.
(C) If the request is filed by a city officer or employee on behalf of a city department, the request shall be accompanied by a written report, stating wherein the permittee, or any of the permittee’s agents or employees, has not complied with applicable rules, laws, regulations, or permit conditions and recommending that the tobacco retailer permit be revoked, suspended, or in what respect the permit should be modified.
(D) Based on the preponderance of the evidence, if the collector finds the tobacco retailer or any of the tobacco retailer’s employees or agents has violated any of the requirements, conditions, or prohibitions of this article, the collector may take the following actions:
(1) Upon a finding by the collector of a first violation of this article at a location within any five-year period, the permit may be suspended for up to 30 days.
(2) Upon a finding by the collector of a second violation of this article at a location within any five-year period, the license may be suspended for up to 90 days.
(3) Upon a finding by the collector of a third violation of this article at a location within any five-year period, the license may be suspended for up to one year.
(4) Upon a finding by the department of four or more violations of this article at a location within any five-year period, the license may be revoked.
(Ord. No. 2854, 2973, 3031)
(A) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the collector finds based on a preponderance of evidence, after notice and an opportunity to be heard as set forth in chapter 1, article V of this code, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer permit, 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 permit as follows:
(1) After a first violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until 30 days have passed from the date of the violation.
(2) After a second violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until 90 days have passed from the date of violation.
(3) After a third or subsequent violation of this section at a location within any five-year period, no new permit may issue for the person or the location, unless ownership of the business at the location has been transferred in an arm’s length transaction, until one year has passed from the date of the violation.
(B) Tobacco products offered for sale or exchange in violation of this section are subject to seizure by the collector or any peace officer and shall be forfeited after the permittee and any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate, as set forth in article V of chapter 1 of this code, that the tobacco products were not offered for sale or exchange in violation of this article. Forfeited tobacco products and shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to Cal. Code of Civil Procedure, Section 1094.6 or other applicable law has expired without the filing of a lawsuit, or if such a suit is final, after judgment in that suit becomes final.
(C) For the purposes of the civil remedies provided in this article:
(1) Each day on which a tobacco product is offered for sale in violation of this article shall constitute a separate violation of this article; and
(2) Each individual retail tobacco product and each individual retail item that is distributed, sold, or offered for sale in violation of this article shall constitute a separate violation of this article.
(Ord. No. 2854, 2973)
(A) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
(B) Whenever evidence of a violation of this article is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this article and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(C) Violations of this article are hereby declared to be public nuisances.
(D) In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(Ord. No. 2854, 2973)
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