HomeMy WebLinkAboutMINUTES - 12151998 - C32 _._...._. ......... ......... ......... ......... ......... ......... ....._...._..._.. _
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ORDINANCE NO. 98-
(TOBACCO
8-(TOBACCO RETAILER LICENSE)
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code): [Gov. C. § 25120]
SECTION I. S112JARY. This ordinance imposes a licensing requirement on tobacco retailers
who have been found to be in violation of Divisions 440 or 445 or other applicable state or
federal laws governing the sale and distribution of tobacco and penalties for violations.[§25129.]
SECTION II. Chapter 445-10 is added to the County Ordinance Code, to read:
Chapter 445-10
Tobacco Retailer License
445-10.002 License Requirement. It shall be unlawful for any retailer, individual,or
entity who has been found to be in violation of one or more of the provisions in Division 440 or
Division 445 of this code or any applicable state or federal laws governing the sale and
distribution of tobacco within the last twelve months,to sell or offer for sale any tobacco
products in the unincorporated area of the county without first obtaining and maintaining a valid
tobacco retailer's license from Contra Costa County for each location where such sales are
conducted. Licenses are valid for one(1)year and licensees must apply for renewal annually for
a total of five years. If there are no further violations of the provisions of this'',division or
Division 440 of'this code or applicable state or federal laws regulating the sale and distribution
of tobacco in that five year period, a tobacco retailer's licence will no longer be required in order
to sell tobacco products in the unincorporated area of the county(Ord. 98--.5L, § 2.)
445-10.004 Enforcement of State Law. If a clerk or employee sells a tobacco product
to a minor, the retailer shall immediately notify the appropriate local law enforcement agency of
the violation of Penal Code section 308 for enforcement under that statute. (Ord. 98--5D-, § 2.)
445-10.006 Application Procedure. An application for a tobacco retailer's license shall
be submitted in the name of the retailer, individual or entity,who, following afinding of
violation as specified in section 445-10.002,proposes to conduct retail tobacco sales on the
business premises and shall be signed by such retailer, individual or entity or agent with written
authority to act for same. All applications shall be submitted on a form supplied by the Contra
Costa Health Services Department and shall contain the following information:
(1) The name,address,and telephone number of the applicant,
(2) The business name,address,and telephone number of each establishment where
tobacco is to be sold;and
(3) Such other information as the Director of the Health Services Department
determines is necessary for implementation of this chapter. For purposes of this
chapter, Director means Director of the Contra Costa Health Services Department
ORDINANCE 98-_5Q_ 1
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unless otherwise specified. (Ord. 98-_ra, § 2.)
445-10.008 Issuance and Display of License. Upon receipt of a completed application
for a tobacco retailer's license, including payment of the license fee, the Director,or his or her
designee will issue a license,which each licensee must prominently display at the location where
tobacco retail sales are conducted. (Ord. 98- 50, § 2.)
445-10.010 Fees For License. The fee for a tobacco retailer's license shall reflect the
actual cost of processing the license, including inspection of the tobacco retailer's business
premises and implementation of the licensing program and shall not exceed$500 annually as
determined by the Board of Supervisors. (Ord. 98-5Q § 2.)
445-10.012 License is Nontransferable. The tobacco retailer's license is
nontransferable. If there is a change in location, a new tobacco retail license will be issued for
the new address upon receipt of an application for change of location. The new license will
retain the same expiration date as the previous one. (Ord. 98-5D , § 2.)
445-10.014 Suspension of License. (a) Grounds for Suspension. In order to
discourage violations of law, a tobacco retailer's license may be suspended, as set forth in
subdivision (b),by the Director upon a finding, after giving the licensee notice and opportunity
to be heard, that the licensee or his or her employee,following the issuance of a tobacco
retailer's license,has violated any of the provisions of this division or Division 440 of this code
or any applicable state or federal laws as otherwise allowed by law.
(b)Time Period of Suspension of License. (1)Upon the first time that the Director
makes a finding as set forth in subdivision (a),the license to sell tobacco products may be
suspended for up to sixty(60) days;
(2)Upon the second time that the Director makes a finding as set forth in subdivision (a)
within twelve months of the first determination,the license to sell tobacco products may be
suspended for up to one hundred twenty(120) days;
(3) Upon the third and each subsequent time that the Director makes a'flnding as set forth
in subdivision(a)within twelve months of the prior determination, the license to sell tobacco
products may be suspended for up to one year.
(c)Appeal of Suspension. The decision of the Director to suspend a tobacco retailer's
license is appealable to the Board of Supervisors and shall be heard at a noticed public hearing as
provided in Chapter 14-4 of this Code. (Ord. 98-_5Q_, § 2.)
445-10.016 Administrative Fine. (a) Grounds For Fine. If the Director, after giving
notice and an opportunity to be heard to the person who is the owner of a tobacco retail
establishment, finds that such person is required to have a tobacco retailer's license and does not
have a valid tobacco retailer's license and is selling or offering tobacco products for sale,the
owner of the retail establishment may be subject to an administrative fine, as permitted under
Government Code section 53069.4,or applicable County ordinance,as follows;
(1)up to a maximum one hundred dollars($100) for a first violation,
(2)up to a maximum two hundred dollars ($200) for a second violation within
ORDINANCE 98- 50 2
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one year,
(3)up to a maximum five hundred dollars($500) for the third and subsequent
violations within one year.
Each day that tobacco products are offered for sale without a license by a tobacco retailer
required to have such a license pursuant to section 445-10.002,shall constitute a separate
violation as set forth in section 14-8.006 of this code. A finding of"offering for sale"will be
made if tobacco products are actually sold and or displayed in the retail establishment.
(b) Fine Procedures. Notice of the fine shall be served on the tobacco retailer or person
who is owner of the establishment by certified mail following the procedures set forth in section
14-6.412 of this Code. The notice shall contain an advisement of the right to request a hearing
before the Director contesting the imposition of the fine. Said hearing must be requested within
ten(10)days of the date of the notice of the fine.
(c) Appeal to Municipal Court. Any fine imposed by the Director may be appealed to
the municipal court.
(d)Failure to Pay Fine. If said fine is not paid within thirty(30)days from the date of
mailing the notice of the fine or of the notice of determination of the Director after the hearing,
the fine shall be referred to the Office of Revenue Collection. In addition, any outstanding fines
must be paid prior to the issuance of any license by the Contra Costa County Health Services
Department. (Ord. 98-50 , § 2.)
SECTION III. AFFECTIVE DATE. This ordinance shall become operative thirty
days after the date itis finally adopted. Within 15 days after passage,this ordinance shall be
published once with the names of supervisors voting for and against it in the
Contra Costa Times , a newspaper published in this County. [§§ 25123 & 25124.]
PASSED on December 15, 1998 —5 by the following vote:
AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla, and Rogers
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR,Clerk of the
Board and County Administrator
By: � A
Deputy BoafChaiTr,
DJS/ds
HAGROUMSTAFFUCENSE.WD
ORDINANCE 98- 50 3
FINDINGS
The Board of Supervisors hereby finds and declares.
1. The findings adopted by the Board on November 3, 1998, in support of the adoption of
the ordinance restricting tobacco advertising and promotion (Division 445 of the County
Ordinance Code) are incorporated by reference, as though fully set forth.herein.
2. Contra Costa has a substantial interest in promoting compliance with state laws
prohibiting sales of cigarettes and tobacco products to minors,in promoting compliance with
federal, state, and local laws intended to discourage the purchase of tobacco products by minors,
and in protecting children from being lured into illegal activity through the misconduct or illegal
acts of adults.
3. A requirement for a tobacco retailer license for persons who have violated Division
440 or Division 445 of the County Ordinance Code or other applicable state or federal laws
governing the sale and distribution of tobacco products will not unduly burden legitimate
business activities of retailers of tobacco to sell cigarettes or distribute tobacco products. It will,
however, allow the County to regulate the operation of lawful businesses to avoid circumstances
which facilitate violations of the state, federal and local laws related to tobacco products.
4. It is the intent of the Board of Supervisors, in enacting this ordinance, to discourage
violations of laws which prohibit sale or distribution of tobacco products to minors but not to
expand or reduce the degree to which the acts regulated by state or federal laver are criminally
proscribed
H:IGROLIMSTAFFITOBLICF.WPD