Regular Meeting
03/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5930
AGENDA ITEM
AGENDA MATTER:
FIRST READING AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF BARSTOW ADDING CHAPTER 5.55 TO TITLE 5 REGARDING TOBACCO RETAILER REGISTRATION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW TO AMEND THE FY 2024/25 MASTER FEES
SCHEDULE TO INCLUDE A REGULATORY PERMIT FEE FOR TOBACCO RETAILERS EXECUTIVE SUMMARY:
The proposed ordinance requires registration of tobacco retailers and amending the Barstow Municipal Code to add a new chapter 5.55. This item includes an amendment to the Master Fees Schedule to add a tobacco retailer regulatory permit fee.
DISCUSSION:
At the October 7, 2024, the City Council referred this ordinance to the Rules and Policy Committee for consideration and to provide recommendations to the City Council.
At the January 28, 2025 meeting, the Committee requested the following changes to the draft ordinance:
• Add page numbers
• Add “City Manager or designee”
• Grandfather clause for existing businesses to have time to apply from their existing locations for 180 days after the effective date of the ordinance. Once the 180 days expires, businesses operating at a location in violation of the buffers could not obtain a tobacco retailer permit. A business operating from a grandfathered location also could not sell their business/permit to another location as the permits are not transferrable.
• Add that fees are to be set by a resolution of the city council • Fix typos
On February 25, 2025, the Rule and Policy Committee finalized their feedback for the City Council on this ordinance for consideration, which is captured in the redline enclosed as Attachment 1. A clean copy is attached as Attachment 2.
This ordinance requires an amendment to the Master Fees Resolution to add the regulatory permit fee.
The fee study for this permit is enclosed as Attachment 3. An amendment to the Master Fees Resolution is enclosed as Attachment 4.
After consultation with the Acting Police Chief and Acting City Manager, staff is also recommended to strike a mandatory requirement on the number of inspections required to allow the Police Department the flexibility to administer the enforcement program for these businesses similar to the sales of alcohol to minors and based on available resources.
Regular Meeting
03/17/25 05:30 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5930
AGENDA ITEM
Background
The purpose of a tobacco retail registration ordinance is to give local officials an effective way to enforce state laws prohibiting the sale of tobacco to minors. The goal of the ordinance is to reduce underage use of tobacco products by limiting access without burdening local retailers. Furthermore, the ordinance will not penalize legitimate business activities of retailers who sell tobacco products to adults over twenty-one (21) years of age. While state and federal laws exist to regulate tobacco sales, enforcement is often lacking, requiring local agencies to conduct such enforcement.
The proposed ordinance will require retailers to register with the City to sell tobacco products or tobacco paraphernalia. Registration will be required annually, and the city has discretion to set a registration fee or not charge a fee at all. It will be unlawful for any retailer to sell tobacco products without current registration. State and federal law prohibits the sale of tobacco products to persons under twenty-one years old, and requires retailers to check the identification of all customers attempting to purchase tobacco products. Since December 20, 2019, there is no longer an exemption for sale to military personnel under the age of 21.
The ordinance establishes policies and procedures for the regular monitoring of tobacco retailers by the law enforcement, including the use of minors for sting operations. Any retailer who is found to be in violation of the ordinance and state law prohibiting the sale of tobacco to minors may be fined a minimum of $1,000 and will have their registration (and, thus, their right to sell tobacco) revoked for a specified period of time.
Attachment 1 - Redline - Ordinance adding Chapter 5.55 to Title 5 (Tobacco Retailer Registration) Attachment 2 - Clean Version - Ordinance adding Chapter 5.55 to Title 5 (Tobacco Retailer Registration) Attachment 3 - Fee study for regulatory permit Attachment 4 - Master Fees Resolution FISCAL IMPACT:
The implementation of the proposed tobacco retailer licensure will involve some costs to the city associated with creating application forms, receiving and processing applications, and issuing registrations or denying applications, but these costs can be largely, if not wholly, offset by application fees. The cost of enforcement will involve costs to the city, but these costs can be largely, if not wholly, offset by a combination of application fees and civil penalties collected from enforcement.
RECOMMENDED ACTION:
That the City Council adopt Ordinance No. -2025 requiring registration of tobacco retailers and amending the Barstow Municipal Code to add a new chapter 5.55; and adopt an amendment to the Master Fees Resolution to add a tobacco retailer regulatory permit fee