395065.3
ATTACHMENT 2
ORDINANCE NO. ___-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BARSTOW ADDING CHAPTER 5.55 TO TITLE 5 OF THE BARSTOW MUNICIPAL CODE
REGARDING TOBACCO RETAILER REGISTRATION
WHEREAS, the State Planning and Zoning Law (Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city; and
WHEREAS, the City adopted Ordinance No. 969-2021 – City of Barstow Smoking Pollution Control Ordinance - to prohibit smoking and consumption of any and all kinds of cigarettes, cigars, pipes, all forms of vapes (including water based), water pipes, electronic cigarettes, and any other form of smoking in the places specified therein based upon its grave concerns about use of tobacco products; and WHEREAS, California voters approved Proposition 31 at the November 2022 election, which banned most sales of flavored tobacco products and tobacco product flavor enhancers. The ban went into effect on January 1, 2023; and WHEREAS, Proposition 31 does not preempt or otherwise prohibit the adoption of a local ordinance that imposes greater restrictions on the access to tobacco products than the restrictions imposed by Proposition 31; and
WHEREAS, approximately 480,000 people die in the United States from tobaccorelated diseases every year, making it the nation’s leading cause of preventable death; and
WHEREAS, pursuant to the City of Barstow’s police power, as granted under Article XI, section 7 of the California Constitution, the City Council of the City has the authority to enact and enforce ordinances and regulations for public health, safety, and welfare; and WHEREAS, pursuant to its police powers, the City has the authority to regulate the sale of tobacco products in the City; and
WHEREAS, in order to protect public health, safety, and welfare, the City Council desires to adopt an ordinance that will regulate tobacco retailers and tobacco products.
NOW THEREFORE, the City Council of the City of Barstow does ordain as follows:
SECTION 1. Municipal Code Amendment. A new Chapter 5.55 titled “Tobacco Retailer Registration Ordinance” is added to Title 5 of the Barstow Municipal Code 22 to read as follows:
CHAPTER 5.55. TOBACCO RETAILER REGISTRATION ORDINANCE
Sec. 5.55.010. Title.
This chapter is known and may be cited as the “Tobacco Retailer Registration Ordinance” of the City of Barstow.
Sec. 5.55.020. Purpose and intent.
The purpose of this chapter is to regulate the retail sale of tobacco, tobacco products, and tobacco paraphernalia in the City so as to promote the public health, safety, and welfare of the city’s citizens. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.
Sec. 5.55.030. Definitions.
The following words, terms, and phrases, whenever used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Arm's length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction. "City manager” means the City Manager of Barstow or their designee. “Department” means community development department, and any other agency or person tasked by the city manager of the city with enforcement of this chapter. “Director” and “community development director” mean the community development director of the city and any other person tasked by the city manager of the city with enforcement of this chapter.
“Electronic cigarette” means any of the following products:
(1) Any device or delivery system that can be used to deliver nicotine or flavored or unflavored tobacco products in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. (2) Any component, part, or accessory of such a device or delivery system that is used during its operation.
(3) Any flavored or unflavored liquid or substance containing nicotine, whether sold separately or sold in combination with any device or delivery system that could be used to deliver nicotine in aerosolized or vaporized form.
23 (4) Any product for use in an electronic nicotine device or delivery system whether or not it contains nicotine or tobacco or is derived from nicotine or tobacco. (5) “Electronic cigarette” does not include any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. “Electronic cigarette” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use. As used in this subsection, “nicotine” does not include any food products as that term is defined pursuant to Section 6359 of the California Revenue and Taxation Code. “Flavored tobacco product” means any tobacco product that contains a constituent that imparts a characterizing flavor.
“Person” includes an individual, a corporation, limited liability company, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, and all other legal or commercial entities. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or shares ultimate control over the day-to-day operations of a business. “Self-service display” means the open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-toperson transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Smoking” means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and also means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. “Tobacco paraphernalia” does not include lighters, matches, or ashtrays. “Tobacco product” means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, shisha tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise 24 distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
“Tobacco retailer” means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
Sec. 5.55.040. Requirements and prohibitions.
(a) Tobacco Retailer Registration Required. It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's registration pursuant to this chapter for each location at which tobacco retailing is to occur.
(b) Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a registration issued, it shall be a violation of this chapter for a registered tobacco retailer, or any of the registered tobacco retailer's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(c) Display of Registration. Each tobacco retailer registration shall be prominently displayed in a publicly visible location at the registered location. (d) Positive Identification Required. No person engaged in tobacco retailing shall sell, give, or transfer a tobacco product or tobacco paraphernalia to another person without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.
(e) Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum age established by state law for the purchase of tobacco products shall engage in tobacco retailing.
(f) Self-Service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
(g) False and Misleading Advertising Prohibited. Any person without a valid tobacco retailer registration, including, for example, a person whose registration has been revoked:
(1) Shall keep all tobacco products and tobacco paraphernalia out of public view.
The public display of tobacco products or tobacco paraphernalia in violation of 25 this provision shall constitute tobacco retailing without a registration under Section 5.55.130. This subsection does not prohibit an individual’s personal consumption of tobacco or tobacco products or personal use of tobacco paraphernalia in accordance with local, state, and federal laws; and (2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
(h) Sales of Electronic Cigarette Products Prohibited. No tobacco retailer shall sell or distribute any electronic cigarette in retail establishments located within the city, including any non-flavored, mint, menthol, or flavored electronic cigarette product.
Sec. 5.55.050. Limits on eligibility for a tobacco retailer registration. (a) No registration may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(b) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing within five hundred (500) feet of any youth-serving facility, including, but not limited to, any playground, park, library, childcare facility, preschool, and private or public primary, secondary, or high school located in the city, measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located.
(c) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing in a pharmacy or retail establishment that also has a pharmacy on premises.
(d) No registration may be issued, and no existing registration may be renewed, to authorize tobacco retailing within five hundred (500) feet of a tobacco retailer location already registered pursuant to this chapter, as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located.
(e) Tobacco retailers in existence as of the effective date of this chapter may apply for a tobacco retailer registration without regard for the location requirements in this section for one-hundred and eighty (180) days from the effective date of this chapter if the tobacco retailer holds an active business license and all taxes and fees are current as of the effective date of this chapter.
Sec. 5.55.060. Application Procedure.
(a) Application for a tobacco retailer's registration shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof.
26 It is the responsibility of each proprietor to be informed of all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's registration. No person may rely on the issuance of a registration as a determination by the city that the proprietor has complied with all laws applicable to tobacco retailing. A registration issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.55.120(D) of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's registration any status or right to act as a tobacco retailer in contravention of any provision of law.
All applications shall be submitted on a form supplied by the Department and shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a registration.
(2) The business name, physical address, and telephone number of the single, fixed location for which a registration is sought.
(3) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 above. (4) Proof that the location for which a tobacco retailer's registration is sought has been issued a valid state tobacco retailer's license by the California State Board of Equalization.
(5) Whether or not any proprietor or any agent or employee of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. (6) Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.
(b) A registered tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer's registration within ten (10) business days of a change.
(c) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 7920.000, et seq.) or any other applicable law, subject to the laws' 27 exemptions.
(d) Applications for a tobacco retailer permit shall include a non-refundable application fee in an amount established by resolution of the city council to reimburse the city for staff time required to evaluate the application, establish conditions of approval, and to monitor the permitted activity.
Sec. 5.55.070. Issuance of registration.
Upon the receipt of a complete application for a tobacco retailer's registration and any application fee set by a resolution of the city council, the Department shall issue a registration unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(a) The information presented in the application is inaccurate, false, or misleading.
Intentionally supplying inaccurate, false, or misleading information shall be a violation of this chapter.
(b) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer registrations. (c) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a registration to be issued.
(d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending)], that is unlawful pursuant to this code, or that is unlawful pursuant to any other law.
Sec. 5.55.080. Registration renewal and expiration.
(a) Renewal of Registration. A tobacco retailer's registration is invalid if its term has expired. The term of a tobacco retailer registration is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's registration no earlier than ninety (90) days and no later than thirty (30) days prior to expiration of the term. Except as otherwise provided in this section, the application process set forth in Section 5.55.060 and the registration issuance process set forth in Section
5.55.070 apply to renewal registration applications.
(b) Expiration of Registration. A tobacco retailer's registration that is not timely renewed shall expire at the end of its term. To renew a registration not timely renewed pursuant to subparagraph A, the proprietor must:
(1) Submit the registration application renewal form and any associated renewal application fees; and
(2) Submit a signed affidavit affirming that the proprietor:
28 (i) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the registration expiration date and before the registration is renewed; or
(ii) Has waited the appropriate ineligibility period established for tobacco retailing without a registration, as set forth in Section 5.55.130(A) of this chapter, before seeking renewal of the registration.
Sec. 5.55.090. Registration nontransferable.
(a) A tobacco retailer's registration may not be assigned or otherwise transferred from one person to another or from one location to another. A new tobacco retailer's registration is required to accomplish either change.
(b) Notwithstanding any other provision of this chapter, prior violations of this chapter at a location shall continue to be counted against a location and registration ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and
(2) The new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm's length transaction.
Sec. 5.55.100. Registration conveys a limited, conditional privilege.
Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's registration any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the registration. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this code, including without limitation chapter 6.40 and title 19, and any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code section 6404.5. For example, obtaining a tobacco retailer registration does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code section 6404.5.
Sec. 5.55.110. Compliance monitoring.
(a) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter.
(b) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if a tobacco retailer is complying with laws regulating youth access to tobacco. When the Department deems appropriate, the 29 compliance checks shall determine compliance with other laws applicable to tobacco retailing.
(c) The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "Youth Decoy") if the potential violation occurs when:
(a) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city;
(b) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or
(c) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the city or the California Department of Health Care Services.
Sec. 5.55.120. Revocation of registration.
(a) Revocation of Registration for Violation.
(1) All registrations issued hereunder, shall operate in compliance with Chapter
5.55, this Code, and all the laws of the state and of the United States of America relating to tobacco retailing. Upon failure to comply, any and all registrations issued hereunder may be revoked by the city manager, subject to the provisions of subsection (a)(2) of this section.
Any license obtained by fraud or misrepresentation will automatically be null and void, with forfeiture of any and all monies paid to the city for the registration.
(2) Any registration issued for a tobacco retailer may be revoked by the city manager at any time for:
a. operating in a manner adverse to the public health, welfare and safety; or
b. conducting retail sales in a manner adverse to the public health, welfare and safety; or
c. operating in violation of this chapter, this Code, or state or federal law. (3) Prior to any revocation of a registration, the city manager shall, by their order, give the retailer 15-days’ notice of intent to revoke such registration. Within 15 days after any such order, the licensee may request to appeal and show cause before the city council why such license should not be revoked. Such hearing shall be scheduled at the next regular council meeting, or with five or more days’ notice to appellant at a special council meeting. Upon the failure of the retailer to appear at such meeting, or, if after appearance and hearing 30 before the council, the council shall find good and sufficient cause for revocation, the registration shall be revoked.
(4) If such an appeal is made, it shall stay enforcement of the appealed action.
Upon conclusion of an appeal hearing, the city council shall do one (1) of the following:
(i.) Terminate the proceeding and dismiss the matter, thereby reinstating the registration;
(ii.) Affirm the revocation; or
(iii.) Modify the revocation based upon evidence adduced at the hearing on the appeal.
(5) The decision by the city council shall be the final decision of the city and not subject to further administrative appeal. The decision of the city council shall be served on the appellant and shall be subject to judicial review in the manner specified in Code of Civil Procedure Section 1094.5. The timely filing and diligent prosecution of an appeal to the city council is an administrative remedy which must be exhausted before judicial review may be sought. An appeal to the city council is not available for a revocation made pursuant to subsection C. below for registrations wrongly issued.
(6) Upon any revocation of a registration, no refund of any registration fee shall be made and the fee shall be forfeited to the city.
(7) No tobacco retailing shall be conducted or operated in any manner at that location during any period of registration revocation.
(b) New Registration at a Location After Revocation.
(1) After revocation for a first violation of this chapter at a location, no new registration may be issued for that location until three (3) months have passed from the date of revocation.
(2) After revocation for a second violation of this chapter at a location within any sixty-month period, no new registration may be issued for that location until six (6) months have passed from the date of second revocation. (3) After revocation for a third violation of this chapter at a location within any sixty-month period, no new registration may be issued for that location until one (1) year has passed from the date of third revocation. (4) After revocation for four (4) or more violations of this chapter at a location within any sixty-month period, no new registration may be issued for the 31 location until five (5) years have passed from the date of fourth or subsequent revocation.
(c) Revocation of Registration Wrongly Issued. A tobacco retailer's registration shall be revoked if the Department finds, after the registered tobacco retailer is afforded notice and an opportunity to be heard, that one (1) or more of the bases for denial of a registration under Section 5.55.070 existed at the time application was made or at any time before the registration issued. The decision by the Department shall be the final decision of the city and not subject to administrative appeal. Such a revocation shall be without prejudice to the filing of a new registration application.
(d) Notice of Revocation. Upon a final determination by the city to revoke a tobacco retailer's registration under this chapter, the tobacco retailer shall prominently display notice of the revocation in a form specified by the city manager at the previously registered location of tobacco sales for the length of time the registration is revoked. A final determination by the city to revoke a tobacco retailer’s registration occurs when:
(1) A tobacco retailer fails to timely appeal a revocation as provided in Section
5.55.120.C; or
(2) The city makes a revocation determination under Section 5.55.120.D. that is not subject to appeal.
Sec. 5.55.130. Ineligibility to Apply-- Tobacco retailing without a registration. (a) In addition to any other penalty authorized by law, any person engaged in tobacco retailing without a valid tobacco retailer's registration, either directly or through the person's agents or employees, shall be ineligible to apply for, or to be issued, a tobacco retailing registration as follows:
(1) After a first violation of this section, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until thirty (30) days have passed from the date of the first violation.
(2) After a second violation of this section within any sixty-month-period, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until ninety (90) days have passed from the date of the second violation.
(3) After of a third or subsequent violation of this section within any sixty-monthperiod, no new registration may be issued for the person or the location in violation (unless ownership of the business at the location has been transferred in an arm's length transaction) until five (5) years have passed from the date of the third violation.
32 (b) For the purposes of the civil remedies provided in this chapter:
(1) Each day on which a tobacco product or tobacco paraphernalia is sold, offered for sale, exchanged, or offered for exchange in violation of this chapter shall constitute a separate violation of this chapter.
(2) Each individual retail tobacco product and each individual retail item of tobacco paraphernalia that is distributed, sold, exchanged, or offered for sale or exchange in violation of this chapter shall constitute a separate violation of this chapter.
Sec. 5.55.140. Enforcement.
(a) The remedies provided by this chapter are cumulative and in addition to, and not in lieu of, any other remedies available by this Code or otherwise at law or in equity.
(b) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen (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 chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(c) Any person convicted of an infraction under this Chapter shall be punished by a fine of $1,000.00 for each violation.
(d) Violations of this chapter may, in the discretion of the city prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require.
(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Violations of this chapter are hereby declared to be public nuisances. (g) In addition to other remedies provided by this chapter, by another provision of this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, but without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (h) The city manager shall annually report to the city council regarding the enforcement of this chapter in the prior year. The report shall include: (i) the number of tobacco retailers found to have violated this chapter; (ii) the number of compliance checks taken with respect to each tobacco retailer under Section 33 5.55.110, (iii) the cost to the city of enforcement of this chapter, and (iv) whether additional enforcement funds are needed.
Sec. 5.55.150. Other Laws.
This chapter does not intend and shall not be interpreted to regulate any conduct where the regulation of such conduct has been preempted by the United States or the State of California.
SECTION 2. Severability. If any provision, section, subsection, paragraph, sentence, clause, or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid or unenforceable by any court of competent jurisdiction, the remaining provisions, sections, subsections paragraphs, sentences, clauses, or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 3. Effective Date. This ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 4. Inconsistencies. Any provision of the City’s Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby modified to the extent necessary to effect the provisions of this Ordinance.
SECTION 5. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act because it relates to an administrative matter. (CEQA Guidelines, 14 Cal. Code of Regulations, Section 15061(b)(3) and 15378(b)(5). 15061(b)(2), 15307-15308.
SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council.
PASSED, APPROVED AND ADOPTED this ____ day of _________________, 20____. _______________________________
Timothy Silva, Mayor
ATTEST:
34 ________________________________
Andrea Flores, City Clerk
APPROVED AS TO FORM:
________________________________
Matthew Summers, City Attorney
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. ___-2025, which was introduced at a regular meeting of the City Council of the City of Barstow held on the ___ day of __________________, 20____, and adopted at the regular meeting of the City Council of the City of Barstow on the ____ day of ___________20____, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk
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