HomeMy WebLinkAbout06/21/2005, C13 - PROPOSED AMENDMENT TO ORDINANCE OF THE CITY OF SAN LUIS OBISPO REGARDING VIOLATIONS OF TOBACCO RETA M �
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CITY OF SAN LU I S O B I S P O
FROM: Jonathan Lowell, City Attorney
Prepared By: J. Christine Dietrick, Asst. City Attorney
SUBJECT: PROPOSED AMENDMENT TO ORDINANCE OF THE CITY OF SAN
LUIS OBISPO REGARDING VIOLATIONS OF TOBACCO RETAILER
LICENSES.
CAO RECOMMENDATION
Adopt an ordinance amending the San Luis Obispo Municipal Code to add Section 8.14.085 to
provide that compliance with all local, state and federal tobacco-related laws shall be a condition
of a tobacco retailer license and that it shall be a violation of a City tobacco retailer license for a
licensee or his or her agents or employees to violate any local, state or federal tobacco-related
law.
DISCUSSION
In 2003, Council enacted Chapter 8.14 of the Municipal Code requiring the licensure of tobacco
retailers in the City with the stated purpose of discouraging violations of laws regulating the sale .
or distribution of tobacco products to minors. The ordinance adopted was based upon a model
ordinance developed by the Technical Assistance Legal Center for the Public Health Institute. .
While the ordinance provides a procedure for suspension or revocation of a city license for a
violation of a condition of the license established by Chapter 8.14, that Chapter does not include
an express provision that compliance with all state, local and federal tobacco-related laws is a
condition of a tobacco retailer license or that violation of any such law also constitutes a
violation of a license.
This ambiguity leaves room for some argument that, although the sale of tobacco products to
minors clearly violates state and federal law and the San Luis Obispo Municipal Code, and is
subject to criminal prosecution and/or administrative enforcement, sale to minors does not
constitute a violation of an enumerated license condition and, thus, cannot form the basis for a
suspension or revocation of a tobacco retailer's license. The Police Department has been
working in conjunction with the County Public Health Department in conducting tobacco
enforcement operations to ensure retailer compliance with tobacco-related laws. The proposed
amendment would ensure that the City retains the most complete complement of options to
address violations of tobacco laws, not only through its criminal and administrative enforcement
procedures, but also through its license suspension and revocation authority. The recommended
amendment would close an unintended loophole and strengthen the City's ability to work in
cooperation with County Public Health in taking action against retailers who sell tobacco
products to minors in violation of local, state and federal laws.
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Council Agenda Report—Tobacco Retailer Licenses Ordinance Amendment
Page 2
CONCURRENCES
The Chief of Police and Susan Hughes, Director of the County Tobacco Control Program, have
reviewed the proposed amendment and concur with the CAO recommendation.
FISCAL UVWACT
With the clarification of the ordinance, there may be an increased number of license suspensions
and revocations linked to County undercover sting operations in which retailers are cited for
tobacco sales to minors. As a result, there could be an increased number of suspension or
revocation appeals, which would require the time of a staff hearing officer. There may also be
some minimal loss in revenue related to loss of fees from license revocations. However, any
retailer subject to a revocation would likely also be subject to an administrative citation and
related fines.
ALTERNATIVES
The City Council could choose not to amend the ordinance. However, the Tobacco Control
Program.has requested City assistance in taking enforcement action against City retailers who
sell tobacco products to minors. If the City proceeds with license suspension and or revocation
actions under the present ordinance, the City is subject to challenge. Thus, this alternative is not
recommended.
ATTACHMENTS
1. Ordinance
G:Wgenda-Ordinances-Resol\tobaccoRetail Lic Amendment.agenda rpt.05.6.6.DOC
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Attachment 1
ORDINANCE NO. (2005 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE SAN LUIS OBISPO MUNICIPAL CODE REGARDING
VIOLATIONS OF TOBACCO RETAILER LICENSES.
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 21,
2005, for the purpose of considering changes proposed to the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 8.14 of the San Luis Obispo Municipal Code is hereby amended to.add
Section 8.14.085 as follows:
8.14.085 Noncompliance with tobacco Related laws—License violation.
Compliance with all local, state and federal tobacco-related laws shall be a condition of a
city tobacco retailer license and it shall be a violation of a license for a licensee or his or her
agents or employees to violate any local, state or federal tobacco-related law.
INTRODUCED on the ._ day of _ 2005
AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day
of 2005, on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero
Mayor
ATTEST:
Audrey Hooper
City Clerk
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Ordinance No. (2005 Series) Attachment 1
Page 2
APPROVED AS TO FORM:
Jonath well
City Attorney
G:\Agenda-Ordinances-Resol\Tobacco License Ordinance Amendment.05.6.6.doc
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