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HomeMy WebLinkAboutOrd. 1399-2008ORDINANCE NO. 1399-2008 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADDING CHAPTER 6.46 TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE GOVERNING TOBACCO RETAILER PERMIT'S WHEREAS, the County of San Mateo has adopted an Ordinance requiring tobacco retailers in the unincorporated areas to obtain a Tobacco Retailer Permit; and WHEREAS, the City Council finds that there is a substantial interest in regulating tobacco retailers to, among other reasons, reduce illegal sales of tobacco products to persons under 18; and WHEREAS, the requirement for a tobacco retailer's permit will not unduly burden legitimate business activities of retailers that sell cigarettes. NOW THEREFORE, the City Council of the City of South San Francisco does C-RDAIN as follows: SECTION 1. The San Mateo County Environmental Health Division. is hereby awthorized to enforce Chapter 6.46 of the South San Francisco Municipal Code, including, without limitation, the authority to hold hearings, suspend permits and issue administrative fines within the incorporated area of the City. SECTION 2. The San Mateo County Environmental Health Division is hereby authorized to collect any Tobacco Retailer Permit fees set. by Chapter 64 of Title 5 of the San Mateo County Ordinance Code and expend those fees in thE; enforcement of Chapter 6.46 of the South San. Francisco Municipal Code. SECTION 3. Chapter 6.46 is hereby added to the South San Francisco Municipal Code, incorporating by reference Chapter 4.98 of Title 4 of the San Mateo County Ordinance Code in its entirety, and shall read as follows: Chapter 6.46 "Tobacco Retailer Permit Section 6.46.010 Authorization of Enforcement by San Mateo County Personnel Chapter 4.98 "Tobacco Retailer Permit" of Title 4 of the San Mateo County Ordinance; Code, and any amendment thereto, is hereby adopted by reference and made effective in this City. Certified copies of San Mateo County Ordinance Code Chapter 4.98 of Title 4, as adopted hereby, have been deposited with the City Clerk, and shall be at all times maintained by the City Clerk for use and examination by the public. 1 SECTION 4. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. SECTION 5. SEVERABILITY In the event any section or portion of this Ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 23rd day of July 2008. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 27th day of August 2008 by the following vote: AYES: Councilmembers Mark N. Addiego Richard A. Garbarino and Kevin Mullin, Mayor Pro Tem Karyl Matsumoto and Moor Pedro Gonzalez NOES: None ABSTAIN: None ABSENT: As Mayor of the City of South San Francisco, I do hereby approve e foregoing ordinance this 27th day of August 2008. ~G~~ ~/"~ /s/Pedro onzale Pedro Gonzalez, Mayor 2 ~OA~D OF SUPE~:~fISOI~S, COUi~lTY OF SAID! N~rATErJ, S r;~TE OF CAL1i=0R1Vld~ * ~ ,. ~- Ail ORDINANCE REPEA~.lNG ANQ REPLACING SECTIOP~~IS 4.98.00 THROUGE~ 4.98.160 AND ADDING SECT1t~NS 4.98.170 AND 4.98.180 T~J CHAPTER 4.98 OF TI`f'1.E ~ OF THE SA.N MATED COUNTY O~tDINANCE CODE GOVER~lI1~1G TOE3ACCQ RETAILED PERMITS The Board ofi S~~pervisors of the County of San Mateo, State of California, ~~C3~IN~ as follows SAC ~ 9a~1 ~. Section 4.98.€ 00 through Section 4.98.16© of Chapter 4.98, Title 4 of the San Mateo County Ordinance Cade are hereby repealed and replaced to read as follows: ~.~$.~f t?0 {~equie~er~ertit ~~r a perr,r~i~. 1t shall be unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products without first obta'Ining and maintaining a valid tobacco retailer's per~r~it ~~ from San Mateo Coun~r far each location where such sales are conducted. Permits are valid for one year and shall be ren~~wed annually. ~.9~.~'l~ ,~pplioa#ia~t issuaa~ae ~~nd renewal procedure_ (a) Application far a tobacco retailer's permit shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales and shall b® signed b!~ such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the Environrreental Health Division of the Department of Health (hereinafter referred t~o in this chapter as the E.nvironmentaE Health Divi,ian} and contain the fallowing inrormation: (1 } The name, address, and telephone number of the applicant; (2) The business name, address, and telephone number of each location where tobacco is retailed; and (3} Such other information as they Director of the Environmental Health Division or his or her designee determines is necessary for implementation of this ordinance codified in this chapter. (b) Applicants far renewa[ must follow the application procedures set forth in subsection (a). A renewal for a tobacco retailer's permit will be denied if the application is far a person or location for which a suspension is in effect andlor if there are any outstanding =inE:s issued by the San Mateo County Environmental 1-lealth Division and Department of Planning and Building. -.3 - : . ;. . i Upon reczipt of an application or ~~ tobacco retailer's perrrmit, the ®irecfor or his or h~;r de5lgnBE Shad ISSUE ~ ~JErf~l~ l~vhlCrl must ~e prominently displayed at each location where tobacco retail sales are condrscted. _~.~~.~~~ fees ~-op pe~~iz, Tire fee for a tobacco retailer's permit shah rerlect the County's costs of pr©ccssing the permit and regulating ccmpliancc with :his chapter and shall be contained in sec#ion 5.6.470. ~.~~.'!~a Parrnit ss s~c~r~tr~s~s~era~lo. Tobacco retailer's permits are nontransferable as between entities, retailers, individuials, locations or athennrise. ~.9~.~~~ ~~~©rcerner~t of a~tptic<~~le Da~v. !fan agent or employee of the tobacco retailer violates any provisions of this chapter or any federal or state tobacco related law, the tobacco retailer shalt irramediatply repay-` the violation to the Environmental C-4ealth Division. ~.'~~.1~0 ~a~spe~rosiort ~; ~errr~it. (a} Grounds for Suspension. ~ tc-bacco retailer's permit may be suspended, as set Earth below in subd'evision (b}, by the Director of the 1=nvironmental Health Division or his or her designeQ upon a finding, offer notice and opportunity to be heard, i:hat either of the following occurred: (~) After the permit was issued it was determined that the application for the permit: is ir~compJete ar inaccurate. (2} The permittee or his or her acJent has violated any provision of this chapter or any federal or state tobacco-relatf:d law. (b} Time Period of Suspension oir' Permit. ~ . (1} Upon the first time that the Director of the Environmental ~-lealth ®ivision or his or her designee makes the finding. that either subsection {a}(1~ or {a}{~) of this section has occurred, the permit to set[ tobacco products shall be suspended for up to 34 days. (2} Upon the second time that the Dir ecfior of the Environmental Health Division or his ar her designee makes the fiinding set forth in subsection (a}(~) or. (a}{2} of this section within twenty four months of the tryst determination, the permit to self tai~acco products shall be suspended for no less than 34 days and up to 90 days. {3} Upan the third and each subsequent time #hat the Director of the Environmental Health Division or his or her ~!esignee makes the finding. set forth in subsection: (a){1}and (a}{2} within t~Jenfiy~ four months of a prior determination, the permit t{~ -4- sell tobacco products shall b~, suspended for no less than ~0 days and u~ to ane year. (c} Effective Date of Sus~ensian~. ('1 } if the Director of the Environmental i-leaftt~ Division or his or her designee makes oral findings and issues an order of suspension at the hearing, the suspension wilt be effective 10 days train the dale ai the hearing, unless a timely appeal is fled in acc®rdance with subsection (d}. (2} Jf the Director of the Environmental Health Division ar his or her designee makes written endings and issues an order of suspension by certified mail after the hearing, the suspension will be effiective 16 days from the date appearing on the notice cif that finding and order of suspension, un]°ss a timely appeal is filed in accordance with subsection (d). - (d) Appeal of Susper,sian. (~} The decision of the Director of the Environmental Health Division ar his or her designee is appealable to the San lVfatea County Licensing Board. {2} An appeal must be in writing, be addressed to the Director of the Environmental. Health Division and be hand-delivered to the offices of the Division of Environmental Health. {3) An appea! must be received by the Division of Environmental Health before the effective date of suspension provided by subsections (c}(1} or (c}(2} in order to be --, -, considered. . ~ (~) The tieing of a timely appeal will stay a suspension pending a decision an the appeal by the San Ntateo County ~.icensing Board. {5} The decision of the San SVlateo County Licensing Sward shall be a final administrative order, with no further administrative right of appeal. ~.~~.'i5f} ~dministrafive tdrde. (a) Grounds far line. fi- fine may be imposed upon findings made by the Director of the Environmental 1-leQltl~ Qivision or his or her designee, that any retailer, individual, ar entity who is an owner of a retail establishment: (7} does not have d valid tobacco retailer's permit; and (2} offers far sale any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any ether instrument or paraphernalia That is designed for the smoking or ingestion of tobacco or products prepared from tobacco. (b} Amount of Fine. Upon fndincls made under subseGtlon (a), the retailer, individual, or entity who is an owner of a retail establishment shall be subject to an adminis#rative f ne as follows: (~} A fne net exceeding ane hundred dollars (~1 a4) for a first violation. (2) A fne not exceeding iwo hundred dollars (~20a} aor a second violation. (3) A fne not exceeding five hundred dollars ($50a) for tY~e third and subsequent violations. (~-} Each day that tobacco products are offered for sale without a permit shall -5- constitute a sepUr~te vialatic~i ~. A finding of "aifering for sale" uvili be mact4 i~ These tobacco products arc actual)}~ sold andlar displayed in the retail establishment. 1 (c) Fine Procedures. i`~aticn at the Tine shall be sertiJed en the retailer, individual, or' entity who is owner of the esfablishmcnt by certified mail. l"~e notice shall cont_~in an advisement of the right to reguest a hearing before the Director of the Environi~nental Health Division or his or her designee contesting the imposition of the one. Said hearing must b{~ requested within ten days of the date app°~ring on the notice of the fine. The decision of the Director of the tm~iranmer~tal Health Division shall he a find adrr~inistrative order, with no administrative right of ~ppf~al. {d} Failure.ta Pay Fine. if said fine is not paid within 30 days from.the date appearing an the notice of the fne or of the notice of determination of the Director of the Environrrtental Flealth Division or her or his designee after the hearing, the one shat! be referred to a aailectic>n agency within ar e~terna! to the County. !n addi4:ion, any outstanding tunes must be paid prior to the issuance of any permit ~y the San ivlateo Caunt~,~ Environmerita! Health Division of the Department of Health and Department of Planning end Building, . S~~~iO~_ 2, Sections 4.98.170 artd x.98.180 are added to Chapter 4.9$, Title 4 of the San lvtateo county Ordinance Code and shall read as follows: ~.s8.17~0 .S~v~era~ili~r. if any provision of this chapter or t!he application of such provision try any person or in any circumstances steal{ be held invalid, the remainder of this chapter, or the application of such provision to person or in circumstances other than those as to which it is held invalid, shall hat be affected thereby. ~.98.'i 80 ~reforcer~senE of this C4~a~ter ~rhen ad®pted The Environmenfal Health Division is hereby directed to enforce Chapter 4.°S a3 Tltie 4 withhZ an incorporated area of the County of San Iv~ateo re the governing board of that incorporated area does each of zhe following: (a} Adapts, and makes part of ifs rnunicipa! code: (1) Ghapter 4.98 of Tile 4 in its entirety by reference; ar (2) an ordinance that contains each of the previsions of Chapter 4.98 of title 4; (b) /,uthorizes, by ordinance or resolution, the environmental i-~eaith Division to enforr~ the municipa{ code adopted pursuant to subsea ion ~a} of this Section, such authorization to include, without limitation, the authority to hold hearings, suspend permits and issue administrative fines within the incorporated area of the public entity; and (c}Authorizes, by ordinance or re:~olution, the Pnvironrnental Health Division to collect _&- any Tobacco Fetaile; ;'er~mif Tecs sef ~y Gf~a~ier 64 of Tifie 5 of the San I~a.ea Cauni;~ Ordinance bode ~nc~ expend tY~asE~ fees i~ ~hc enforcarnei;~t of she municipal cc~o'o ac~ap~ed ~ursuani fo subsVctian (a} o€this section. ~~ ~ i~[~ 3. i i-~is grdinal ice steal} be effective Thirty (3~} dais from tie ~assa~e date thereof. '~ r~>a~~BC,~i L•'~CLIEhlTti30ARD5UP~G~814rctinance re Tobacc~~ Retalfor F2evisian.doc -7- ~e~zslcar?;: p~ssecl n:~d adopged this ~h da}~ o; ~~,~rt; 2~Jt18. 1 AYES a~~' i7t favor cfsaid orci3~crr~ce: ~3 i~~J p~~~,.1'G~r S: 1~','~~~-i.t}r l.L~ C/Il l.~t~ ~.~ - .iE,R~?Y DILL _ :~~SE .I~ CABS` G.LBS Q-N ~~IEI~INE J. 7~. ~'~'~ER tvC~ES and ag~sinst said orair~anre: Superuisot s: tV41VE _ • absent Supervisors: .rVOT,lE- ~ -- °, . ., - :4drienne J. Ti,rsier .~ r"re.;ident, Board Of ~uper~viSOrS County Of SQIi LV,~Rte4 • ~ ~tLItE Of ~CII~OrnICI C~?rti~oote of 1~eli~+erp ~ certify td>at a.copy of the original rw~~~lution~~led in the D,~ce of the clerk of the .Board of u~:pervis~rs of San aYfateo Cout:ty l1as been delivered to tr'ae President of the $aard of ~'uperuisars. ~ ~-~ ~ ~ ~~ ~ - -~ . lf~drie ~. Peterson, deputy . . Clsrk of the Board of Supervisors 0 U