Calistoga City Council
September 10, 2024

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against any fee, then the City shall reimburse the Developer within thirty (30) days, subject to the limitations contained in Section 5.5.

5.5 Fee Credit Limits. Notwithstanding anything to the contrary in this Section 5, the following limits apply with respect to credit and reimbursement of DIF:

5.5.1 DIF Categories. Developer acknowledges that DIF are imposed in various separate categories to fund specific public facilities. Credit against DIF may only be applied for eligible improvements identified in the specific DIF category. As an example, if Developer constructs a street improvement that is eligible for credit against the Transportation Fee, Developer shall not receive credit against any other DIF for the street improvement, provided that Developer has received credit in one specific DIF category.

5.5.2 Maximum Credit. The maximum credit is total required fees.

5.5.3 Soft Costs. The City Engineer shall, in his/her sole reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement under the Fee Credit provision of Calistoga Municipal Code Section 3.28.060. Such amounts may include the reasonable soft costs of the Developer related to the Public Improvements, such as indirect costs of construction, professional engineering, and design services, construction management, soils testing, administrative costs, permits, plan check fees, and inspections. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by the City. The total amount of the soft costs shall not exceed fifteen percent (15%) of the amount eligible for reimbursement. The City Engineer may, in his/her reasonable discretion, reduce or disallow reimbursement for any costs he/she finds excessive or unreasonable.

5.5.4 Availability of Unencumbered Impact/Connection Fees. In the event that the City’s reimbursement obligation under this Section 5 exceeds available funds, and at the time such reimbursement is due, there is insufficient funds in the City’s account for the relevant Impact or Connection Fees, then the City may elect, exercisable by written notice delivered to Developer (a “Deferral Notice”), to defer the payment of such amounts until the time the funds become available in the City’s account for the relevant Impact/Connection Fees, which Deferral Notice shall set forth the amount of such Deferral (the “Deferral Amount”), the applicable Section of this Agreement to which such reimbursement obligation relates, and shall set forth the City’s continuing obligation to reimburse Developer for the Deferral Amount. Such Deferral Amount shall not accrue interest. Upon written request from Developer from time to time, the City shall execute a statement prepared by Developer acknowledging the then outstanding Deferral Amount as of the date of such request (a “Deferral Amount Statement”). Developer shall have no right to receive the Deferral Amount unless and until the Public Improvements are completed and accepted in accordance with the requirements of this Agreement. City Council may appropriate the funds by resolution, provided, however, the City is under no obligation to reimburse Developer from any source of revenue other than Impact or Connection Fees.

Developer acknowledges and agrees that other developers may be reimbursed before Developer. No additional project or projects shall be given advanced priority after this Agreement is executed.

5.6 Conditions Precedent to Final Credit. The City’s obligation to provide fee credits for the Public Improvements pursuant to this Agreement is conditioned upon the prior satisfaction by Developer or written waiver by the City Manager of each of the following Item #6.8.

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Conditions Precedent within the times designated below:

5.6.1 Completion of Construction. Developer shall complete the construction of the Public Improvements, and notices of completion shall have been recorded in relation to the Public Improvements, in accordance with California Civil Code Sections 8182 (as applicable).

5.6.2 Submission of Bills/Invoices. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public Improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to the City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and the City shall have approved within sixty (60) calendar days a written request for the reimbursement, including copies of all bills and/or invoices evidencing the hard costs of constructing the Public Improvements actually incurred by Developer.

5.6.3 As-Built Drawings. Developer shall have submitted to the City Engineer two (2) sets each of final as-built drawings for the Public Improvements, construction documents, and inspection reports, to the City Engineer, as provided in Section 8.

5.6.4 Acceptance of Required Public Improvements by the City. The City, shall, pursuant to the provisions of Calistoga Municipal Code Section 16.18.060 and as provided in Section 8, accept title to the Public Improvements, and Developer shall have provided the maintenance guarantees and landscaping requirements reasonably required by the City. The City agrees it will not unreasonably withhold or condition its acceptance of title to the Public Improvements.

5.6.5 No Default. Developer shall not be in Default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.

6. City Inspection of Public Improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. Developer shall provide for independent inspection every other day when construction of the Public Improvements is occurring.

7. Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public Improvements, Developer shall provide to the City such evidence or proof as the City shall reasonably require that all persons, firms, and corporations supplying work, labor, materials, supplies, and equipment to the construction of the Public Improvements have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm, or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to the City a title insurance policy or other security reasonably acceptable to the City guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property.

Item #6.8.

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8. Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are completed by Developer in accordance with the Plans, the City shall be authorized to accept the Public Improvements and shall do so within a reasonable amount of time pursuant to the City’s usual and customary City Council agenda process, but not to exceed forty-five (45) days. The City may, in its reasonable discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Napa a notice of completion for the accepted Public Improvements in accordance with California Civil Code Section 8182 (“Notice of Completion”), at which time the accepted Public Improvements shall become the sole and exclusive property of City without any payment therefor. Notwithstanding the foregoing, City shall not accept any Public Improvements (or the applicable portion thereof) unless and until Developer provides to the City Engineer two (2) sets each of “as-built” or record drawings or plans to the City for all such Public Improvements (or the applicable portion thereof), complete construction documents, and inspection reports. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

9. Warranty and Guaranty. Developer hereby warrants and guarantees all the Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public Improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”).

During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Public Improvements, in accordance with the Plans and Specifications. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost and expense of Developer. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public Improvements. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

10. Reserved.

11. Default; Notice; Remedies.

11.1 Notice. Subject to the force majeure provisions of Section 15.16 below, if Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation (“Notice of Default”). Developer shall substantially commence the work required to remedy the default or violation within five (5) business days of the Notice of Default. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice of Default verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof.

11.2 Notice. If City neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if Developer determines there is a violation of any federal, state, or local law, ordinance, regulation or code, Developer may at any time Item #6.8.

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thereafter declare City to be in default or violation of this Agreement and make written demand upon City to immediately remedy the default or violation (“Notice of Default”). City shall substantially commence the work required to remedy the default or violation within five (5) business days of the Notice of Default.

11.3 Failure to Remedy; Party Action. If the work required to remedy the noticed default or violation is not commenced within the time required under Section 11.1 of this Agreement and diligently prosecuted to completion, the noticing Party may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of the breaching Party, without the necessity of giving any further notice. In the event of a breach by Developer whereby City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

11.3 Other Remedies. No action by either Party pursuant to this Section 11 shall prohibit that Party from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. Either Party may exercise its rights and remedies independently or cumulatively, and either Party may pursue inconsistent remedies. Either Party may institute an action for damages, injunctive relief, or specific performance.

12. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at the Developer’s request, in lieu of surety bonds, a letter of credit or letters of credit by a banking institution with a rating to be approved by the City and terms to be approved by the City (“Security”). The amount of the Security shall be based on the estimated actual costs (the “Estimated Costs”) to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City.

Developer’s compliance with this Section 12 shall in no way limit or modify Developer’s indemnification obligation provided in Section 13 of this Agreement.

12.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 11, and to secure the Warranty of the Public Improvements, Developer or its contractor shall provide City a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs.

The City may, in its reasonable discretion, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than twenty percent (20%) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, provided that Developer is not in default on any provision of this Agreement.

Item #6.8.

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12.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section shall be released by City upon receipt of a Warranty Bond.

12.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least “A” and FSC-VIII, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.

12.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms deemed acceptable by the City, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be incorporated herein by this reference.

13. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by and to the extent of the negligence or willful misconduct of City, its elected officials, employees and/or agents, as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

14. Insurance.

14.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

14.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage.

Item #6.8.

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14.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

14.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

14.1.4 Professional Liability. For any licensed consultant who will engineer or design or inspect the Public Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

14.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

14.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

14.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waive all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

14.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

14.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall, to the extent available from Item #6.8.

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commercially reasonable insurance providers, be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.

14.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least “A-” and FSC-VIII.

15. Miscellaneous.

15.1 Assignment. Developer may assign by contract all or a portion of its rights and obligations pursuant to this Agreement to a third party purchaser of Developer (“Assignment”), subject to the approval of the City Manager in his/her reasonable discretion.

Developer and purchaser/assignee (“Assignee”) shall provide to the City Manager such reasonable proof as it may require that Assignee has the ability and financial commitment to undertake the Project and complete the Public Improvements. Developer and Assignee shall provide documentation and proof as may be deemed necessary to satisfy the City Manager. Any assignment pursuant to this section shall not be effective unless approved by the City and Developer and Assignee have executed an assignment agreement. Upon completion of the foregoing, and upon Assignee’s provisions of adequate surety bonds as required under Section 12, the City shall release Developer’s surety bonds.

15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

15.3 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

15.4 Notices. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally, or sent by overnight mail with a commercial carrier, or sent by prepaid, first-class mail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, the day of delivery by commercial carrier, or seventy-two (72) hours from the time of mailing if mailed as provided in this Section:

To City: City of Calistoga
1232 Washington Street
Calistoga, CA 94515
Attn: Public Works Director
To Developer: Civic Park Silverado, LLC
1500 Willow Pass Court
Concord, CA 94520
Attn: Trent Sanson
Item #6.8.

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Dana Tsubota, Esq.

15.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

15.6 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

15.7 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

15.8 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.9 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

15.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.12 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Napa, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

Item #6.8.

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15.13 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.14 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.15 City Officers and Employees. No officer or employee of the City shall be personally liable to Developer or any successors in interest in the event of any default or breach by the City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to the City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to the City or their successors in interest or for breach of any obligation of the terms of this Agreement.

15.16 Force Majeure. Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) the Developer is delayed by the City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to the City specifically describing the nature and extent of the delay caused by the City and Developer’s detailed efforts to avoid such delay; or (ii) the Developer is delayed due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, economic recession or depression as defined by the National Bureau of Economic Research, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer’s performance was delayed and shall commence to run from the time of the commencement of the cause.

15.17 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
[SIGNATURES OF PARTIES ON NEXT PAGE]
Item #6.8.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY:

CITY OF CALISTOGA,
a California municipal corporation
By: _____________________________
Derek Rayner,
Public Works Director
DEVELOPER:

CIVIC PARK SILVERADO, LLC,
a California limited liability company
By: ___________________________
Name: ________________________
Its: _________________________
Item #6.8.

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EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
Commonly referred to as 1408, 1412 & 1506 Grant Street (APNs 011-101-001 & 011-101-009) Silverado Terrace (UP 2020-8/DR 2020-7/TM 2020-3 Planning Commission Resolution 2021-4) Real property in the City of Calistoga , County of Napa, State of California, described as follows:

PARCEL ONE:

COMMENCING AT AN IRON STAKE AT THE MOST WESTERLY CORNER OF THE 5.00

ACRE TRACT OF LAND DESCRIBED IN THE DECREE OF SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF NAPA IN THE ACTION OF A.

BANCHIERI VS. EUGENE L. WEBBER, ET AL, A CERTIFIED COPY OF WHICH IS OF RECORD IN BOOK 69 AT PAGE 130 OF OFFICIAL RECORDS OF NAPA COUNTY;

RUNNING THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TRACT AND PRODUCTION SOUTH 63-1/2° EAST 227.70 FEET TO A FENCE CORNER; THENCE ALONG A FENCE SOUTH 27° WEST 163.00 FEET; THENCE NORTH 48° WEST 49.00 FEET TO THE MOST EASTERLY CORNER OF A WINERY; THENCE ALONG THE SOUTHEASTERLY WALL OF SAID WINERY SOUTH 42° WEST 208.00 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF GRANT STREET; THENCE ALONG THE NORTHEASTERLY LINE OF GRANT STREET, NORTH 50° WEST 156.00 FEET AND NORTH 59° WEST 5.00 FEET; THENCE NORTH 33° EAST 315.00 FEET TO THE POINT OF COMMENCEMENT. BEING A PORTION OF THE 38 ACRE TRACT OF LAND

DESCRIBED IN THE DEED FROM ALFREDO FIORI TO ADAM BIANCHI OF RECORD IN BOOK 10 AT PAGE 339 OF OFFICIAL RECORDS OF NAPA COUNTY.

PARCEL TWO:

COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF GRANT STREET, DISTANT THEREON NORTH 47° 45' WEST 106.24 FEET FROM THE INTERSECTION THEREOF WITH THE NORTHWESTERN LINE OF WAPOO AVENUE; RUNNING THENCE NORTH 30° 45' EAST 40.44 FEET TO A FENCE POST AT THE MOST WESTERN CORNER OF LOT 2 IN BLOCK 2, IN THAT PART OF THE TOWN OF CALISTOGA COMMONLY KNOWN AS "CALISTOGA HOT SPRINGS PROPERTY", AS SHOWN ON THE MAP ENTITLED, "MAP OF CALISTOGA, SHOWING ITS EXTENSIONS, SURROUNDINGS AND THE HOT SULPHUR SPRINGS, NAPA COUNTY, CALIFORNIA", FILED MARCH 1, 1871 IN THE OFFICE OF THE COUNTY RECORDER OF SAID NAPA COUNTY; THENCE NORTH 27° EAST, ALONG THE NORTHWESTERN LINE OF SAID BLOCK 2, 174.82 FEET; THENCE NORTH 48° WEST 47.75 FEET; THENCE SOUTH 42° WEST 208.08 FEET TO THE NORTHEASTERN LINE OF GRANT STREET; THENCE ALONG LAST MENTIONED LINE SOUTH 47° 45' EAST 100.91 FEET TO THE POINT OF COMMENCEMENT.

Item #6.8.

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EXHIBIT B
1408, 1412 & 1506 GRANT STREET PUBLIC SEWER IMPROVEMENT PLANS (RESERVED)
Item #6.8.

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EXHIBIT C

GRANT STREET & STEVENSON STREET SIDEWALK IMPROVEMENTS
(RESERVED)
Item #6.8.

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EXHIBIT D

ESTIMATED CONSTRUCTION COSTS
Sewer/Water Impact Fees $1,435,831.30
Transportation Impact Fees $387,080.00
TOTAL $1,822,911.30
Off-Site Sewer Cost $923,963.61
Contingency 20% $184,792.72
Subtotal $1,108,756.33
GC Fee 6% $66,525.38
TOTAL $1,175,281.71
Off-Site Sidewalk Cost $317,416.17
Contingency 20% $63,483.23
Subtotal $380,899.40
GC Fee 6% $22,853.96
TOTAL $403,753.37
GRAND TOTAL $1,579,035.08
NET Sewer/Water Fee $260,549.59
NET Transportation Fee $(16,673.37)
Item #6.8.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Andre Charles, Police Lieutenant
Meeting: City Council - Sep 10 2024
Subject: Adopt Tobacco Retail Licensing Ordinance
DESCRIPTION:

Tobacco Retail Licensing (TRL) Ordinance, adding section 8.29.010 to Calistoga Municipal Code Chapter 8.28 Health and Safety: Smoking in Public Places and Sale of Tobacco Products.

RECOMMENDATION:

Consider adopting a Tobacco Retail Licensing Ordinance to further regulate the sale of tobacco products within our community.

BACKGROUND/SUMMARY:

On December 19th, 2023, The Blue Zone's Tobacco Policy requested that the city consider implementing a local Tobacco Licensing Program to reduce the harm of tobacco products on Calistoga youth. This request is in line with and supports the objectives of the Department of Justice Tobacco Grant that the police department received. We agree with the findings of the Blue Zone Policy Committee as they align with our goals of promoting public health and reducing the access to tobacco products by youths in the city. Their recommendations are valuable in guiding our efforts to implement effective tobacco retail sales policies.

ANALYSIS:

The California Business and Professions Code Section 22971.3 reserves the ability to enact local tobacco control laws for cities. Section 22971.3 also authorizes cities to implement local tobacco licensing laws. Consistent with state law, the city currently regulates the sale of tobacco products, as outlined in the Calistoga Municipal Code 8.28, which prohibits smoking in city-owned vehicles and facilities and smoking in public and places of employment. It also regulates the manner of sale of tobacco products, including violations and penalties within the city. Currently, the city has seven licensed tobacco retailers.

The proposed ordinance would require a city-issued license in addition to the state license and provide more clear authority for the city to conduct checks on compliance with all tobacco-related rules and regulations. The seven current retailers would be grandfathered during the term of their current state-issued license to mitigate any negative impact on existing businesses. Grandfathering allows current tobacco retailers to continue selling tobacco products without having to meet all the requirements of the new ordinance until their state permit is up for renewal which is an exception to the limits on the number of tobacco retailers allowed within the City's jurisdiction (one retailer per 1,000) and/or operating within 800ft of a youth-oriented facility.

Item #7.1.

The adoption of a Tobacco Retail Licensing Ordinance aims to address public health concerns associated with tobacco use. Tobacco use is a leading cause of preventable death, and regulating the sale of tobacco products may help reduce tobacco-related harms. By implementing a Tobacco Retail Ordinance, we aim to effectively reduce youth access to tobacco products, ensure compliance with other tobacco laws, control the location and concentration of tobacco retailers, and impose additional restrictions on the sale and promotion of tobacco products.

We are proposing an annual fee of $250.00 for issuing or reissuing a tobacco retail license. This license would be valid for one year and coincide with the expiration date of the current state tobacco license. Each retailer would need to apply for license renewal and submit the fees at least 30 days before the current license's expiration date. The $250.00 fee aims to strike a balance between the existing state licensing fees, the affordability for retailers, and the financial sustainability of the licensing program. The purpose of the fee is to cover materials, trainings, outreach and compliance.

The School Resource Officer (SRO) administers our Department of Justice (DOJ) Tobacco Grant.

The SRO would conduct compliance checks in line with the DOJ grant and the TRL Ordinance to ensure that tobacco retailers comply with all relevant laws and regulations. These compliance checks would include sending underage individuals, known as "secret shoppers", to attempt to purchase tobacco products from retailers to determine if they are following age verification laws. The SRO would conduct (3) random compliance checks per calendar year at each retailer location.

The police department will coordinate with the Planning and Building Department to use the administrative complaint process to notify tobacco retailers of violations under the Tobacco Retail Licensing Ordinance. This process will involve issuing a notice of violation to non-compliant retailers with the ordinance and an administrative fine.

Any tobacco retailer that violates any provision of this city ordinance is guilty of an infraction unless this code or state law specifically makes the violation a misdemeanor.  1. After finding a first violation of this chapter at a location, their tobacco license will be suspended for 30 days and a fine not exceeding $100.00.  2. After finding a second violation of this chapter at a location within any 5-year period, the license shall be suspended for 90 days and a fine not exceeding $500.00.  3. After finding a third violation of this chapter at a location within a 5-year period, the license shall be suspended for one year and a fine not exceeding $1000.00.  4.The license shall be revoked after a fourth violation of this chapter is found at a location within any 5-year period.

A decision to suspend or revoke a license by the Planning and Building Department is appealable to the Chief of Police, Building & Planning Director, or their designee. Any appeal must be filed in writing to the Calistoga Police Department or Building and Planning within 10 days of the mailing of the Calistoga Police Department's decision.

FINANCIAL IMPACT:

There will be staff time involved to implement and annually to enforce the ordinance from both the Police and the Planning & Building departments.

Item #7.1.

CEQA STATUS:

The recommended action is not a project and is not subject to CEQA review.

ATTACHMENT(S):

Calistoga Tobacco Retail License Ordinance P
APPROVAL(S):

Mitch Celaya, Chief Approved - Aug 10 2024
Connie Cardenas, Admin. Services Director Approved - Aug 12 2024 Laura Snideman, City Manager Approved - Sep 04 2024
Yudiana Galvan, City Clerk Approved - Sep 04 2024
Item #7.1.

ORDINANCE NO. 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA ADDING SECTION 8.29, “TOBACCO RETAIL LICENSING” ORDINANCE TO CHAPTER TITLE 8, “HEALTH AND SAFETY” TO REGULATE TOBACCO PRODUCT SALES AND REQUIRING THE LICENSURE OF TOBACCO RETAILERS.

WHEREAS, City Council Member Scott Cooper and members of the Blue Zone community have requested that the City of Calistoga adopt a Tobacco Retail Licensing (TRL) Ordinance; and
WHEREAS, TRL Ordinance would establish a TRL program that would further regulate the retail environment in the City of Calistoga to ensure compliance with local business standards; and
WHEREAS, the purpose of the TRL Ordinance is to reduce youth access to tobacco products, limit the negative public health and equity impacts associated with tobacco use, and enforce local, state, and federal tobacco control laws; and WHEREAS, staff have considered this request, and believe that it would promote public health and safety for youth in Calistoga to adopt such an ordinance.

THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES ORDAIN AS THE FOLLOWS:

SECTION 1. FINDINGS
The city council of the city of Calistoga hereby finds and declares as follows:
1) A local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the city of Calistoga, to protect the health, safety, and welfare of our residents. 2) Approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke every year, making tobacco use the nation’s leading cause of preventable death.2
3) The World Health Organization (WHO) estimates that tobacco kills 8 million people and causes over 1.4 trillion dollars in economic damage each year.136 4) Approximately 5.6 million of today’s Americans who are younger than 18 years of age are projected to die prematurely from a smoking-related illness.2 5) Tobacco use is the number one cause of preventable death in California137 and continues to be an urgent public health issue, as evidenced by the following:
• 40,000 California adults die from their own smoking annually.1 • More than 25% of all adult cancer deaths in California are attributable to Item #7.1.

smoking.138
• Smoking costs California $13.29 billion in annual health care expenses, $3.58 billion in Medicaid costs caused by smoking, and $10.35 billion in smoking-caused productivity losses.139\
• Tobacco use can cause disease in nearly all of the organs of the body and is responsible for 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all cases of chronic obstructive pulmonary disease in the United States.2
1) Tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity, as evidenced by the following:
• African American (20.4%), Asian or Pacific Islander (11.4%), and Hispanic (15.2%) males all report a higher smoking prevalence than the statewide average among all adults (11.0%).9
• American Indian/Alaska Native Californians have the highest smoking prevalence (19.1%) among all reported adult demographic populations.9 • Smoking is more prevalent among rural (14.9%) compared to urban (10.6%) Californians.9
• Californians with the highest levels of educational attainment and annual household income have the lowest smoking prevalence.9
• Adults who identify as lesbian, gay, bisexual, or transgender report smoking at a higher rate (17.4%) than the statewide average (11.0%).9 • Those who reported experiencing psychological distress in the past month smoke at rates (26.7%) higher than the statewide average (11.0%).9 2) Despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:
• In California, research indicates over 67% of current and former adult smokers started by the age of 18 and almost 100% start by age 26.140 • In California, from 2017 to 2018, approximately 13% of high school students reported using tobacco.9
• Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth.
• Unless smoking rates decline, an estimated 441,000 of all California youth who are alive today will die prematurely from smoking-related diseases.2 • In 2017, 22.8% of high school students in California had tried cigarette smoking.141
• Between 2014 and 2018, electronic smoking device use among California youth increased from 14.1% to 46.2%.8
3) The tobacco industry encourages youth and young adult tobacco initiation through predatory targeting,11 as evidenced by the following:
• Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users.66
Item #7.1.

• Tobacco industry documents state that if “a man has never smoked by the age of 18, the odds are three-to-one he never will. By age 24, the odds are twenty-to-one”.142
• The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents.139
4) California retailers continue to sell tobacco to underage consumers, evidenced by the following:
• 9.3% of high school students in California reported buying their own electronic cigarette from a store.141
• 19.1% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018.9
5) Requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the city council to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following:
• Tobacco products are the number one seller in U.S. convenience stores, and in 2018, they generated an average of $523,084 in sales per store.143 • Systematic scientific reviews indicate that merchant compliance with youth tobacco sales laws reduces the rate of tobacco use among adolescents.26,27
• {Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations.144,145 • {A review of 41 California communities with strong tobacco retailer licensing ordinances found that youth sales rates declined in 40 of these communities after the ordinances were enacted, with an average 69% decrease in the youth sales rate.25
6) The federal Family Smoking Prevention and Tobacco Control Act (“Tobacco Control Act”), enacted in 2009, prohibited candy- and fruit-flavored cigarettes,28 largely because these flavored products are marketed to youth and young adults,26,35,145 and younger smokers were more likely than older smokers to have tried these products.26
7) Neither federal nor California state laws restrict the sale of menthol cigarettes or flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices.
8) In 2018, more than 86% of tobacco retailers in California sold flavored noncigarette tobacco products, over 91% of tobacco retailers sold menthol cigarettes,80 and, as of 2016, 8 out of 10 tobacco retailers near schools sold flavored non-cigarette tobacco products.147
9) Flavored tobacco products are used by the majority of youth and young adult Item #7.1.

tobacco users (86.4% and 57.7%, respectively) in California.9 10)Mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco26,148,149 and that these products help establish tobacco habits that can lead to long-term addiction.26,150,151 11)Between 2004 and 2014, the use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+).30
12)Flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation.11,26,152,153
13)A review of advertising, promotions, and pack prices near California high schools found that “for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% … the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher … and the cost of Newport was 12 cents lower.” There was no such association found for non-mentholated cigarettes.154
14)Scientific reviews by the FDA and the Tobacco Products Scientific Advisory Committee (“TPSAC”) found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, but especially among youth, African Americans,33 and possibly Hispanic and Latino individuals;34 and that menthol cigarettes are associated with increased initiation and progression to regular cigarette smoking, increased dependence on cigarettes, and reduced success in smoking cessation, especially among African American menthol smokers.33
15)Research indicates that the FDA ban in 2009 on all flavored cigarette products (except menthol) led to a 6% decrease in youth tobacco use and a 17% decrease in the likelihood of a youth becoming a cigarette smoker.155 16)Studies indicate that laws prohibiting the sale of flavored tobacco products lead to decreases in youth tobacco use, as evidenced by the following:
• An evaluation of New York City’s law, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco.156
• An evaluation of a law in Providence, Rhode Island, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, current use of any tobacco product among high school youth declined from 22% to 12% and e-cigarette use declined from 13.3% to 6.6%, even as statewide ecigarette use among high school increased to more than 20%.157 17)The health effects of non-cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that shows that non-cigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens.158-164 Item #7.1.

18)Unlike cigarette use which has steadily declined among youth, the prevalence of the use of non-cigarette tobacco products has increased among California youth9 19)The availability of inexpensive tobacco products leads to increased tobacco use as evidenced by more than 100 academic studies that conclusively show that when tobacco products are made more expensive, fewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco use.2,48-51,53-58 20)Research has also consistently shown that increases in cigarettes prices will result in less smoking across various sociodemographic populations.165 21)A systematic review by the U.S. Community Preventive Services Task Force found that a 20% price increase would reduce demand for cigarettes by approximately

10.4%, the prevalence of adult tobacco use by 3.6%, and initiation of tobacco use by young people by 8.6%.49
22)Unequal price increases across different types of tobacco products lead to substitution from one product to another.56,58
23)Youth are particularly responsive to changes in tobacco prices,26,52,54,166 and evidence suggests that tobacco companies deliberately target youth with price reductions.26,51,64-66,167
24)Evidence also suggests that cigarettes are cheaper in neighborhoods with lower household incomes,118,168 Newport menthol cigarettes cost less in areas with higher proportions of African Americans,118 and underserved communities are targeted with price discounts and coupons.169-171
25)Tobacco companies spend considerably to decrease the price of their products in order to counter state and local tobacco control efforts, appeal to price-sensitive consumers, and increase demand for tobacco products. For example, tobacco companies spent the majority of their cigarette marketing budgets on price discounts, accounting for nearly $6.2 billion of $8.6 billion in advertising and promotional expenditures in 2018. 50,51,62
26)The tobacco industry’s price discounting strategies, such as coupons and multiple package discounts, are popular among consumers, with more than half of adults using some price minimization strategy.70 Coupon receipt and redemption appears more prevalent among white, younger, female, sexual minority, and more nicotinedependent smokers.172 In California, individuals who used price minimization strategies saved an average $1.04 per pack (or 18.6% off the total) in 2010.70 27)Price-discounted sales account for a substantial proportion of overall tobacco product sales.63
28)Although federal and state laws ban the sale of individual cigarettes,78,173 neither federal nor California state laws restrict the sale of individual little cigars and cigars. 29)Many retailers sell little cigars and cigars individually, making them more affordable and appealing to youth.79 Additionally:
• { 78.3% of California tobacco retailers sell a popular brand of youth-friendly Item #7.1.

cigars for less than $1.00.79
• {Between 2012 and 2016, annual sales of cigarillos increased by 78% overall and by 155% for “concept-flavored” (e.g., Jazz) cigarillos.174 •
30)A 10% increase in cigar prices has been associated with decreased cigar sales175,176 and may significantly reduce cigar use among youth.177 31)Neither federal nor California state laws set a minimum price for tobacco products. 32)Minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts.82 33)Studies have estimated that if price discounts were prohibited across the United States, the number of people who smoke would decrease by more than 13%;68 the impact of a $10 federal minimum floor price for cigarettes could reduce the number of packs sold in the United States by 5.7 billion per year and prompt more than 10 million smokers to quit;55 and that a state-level minimum floor price law designed to raise the average price of cigarette packs by just under $2.00 could decrease the prevalence of cigarette use and consumption by more than 4% and reduce incomebased smoking disparities in California.86 34)By selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to smoke.178,179
35)Pharmacies sell cigarettes cheaper than other stores118 and advertise tobacco product discounts more than other stores in California.80 36)Tobacco-free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three times compared with communities that do not have such policies,119 and immediately after the nationwide CVS policy change to not sell tobacco products, cigarette purchases declined and smokers who had previously purchased their cigarettes exclusively at CVS were up to twice as likely to stop buying cigarettes entirely.120 37)Research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including the number of cigarettes smoked per day,90 particularly in neighborhoods experiencing poverty.90,180-182 38)The density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates101 and initiation of noncigarette tobacco product use.183
39)Adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer107 and density is higher.184-186 40)Tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher proportion of African American or Hispanic residents.93-98
Item #7.1.

41)Tobacco retailer density is higher in urban compared to rural areas, except for lowincome communities, which have higher tobacco retailer densities regardless of geography, and Hispanic communities, which are associated with variable retailer densities across geography.97,187
42)Policies to reduce tobacco retailer density have been shown to be effective103,104,188,189 and can reduce or eliminate inequities in the location and distribution of tobacco retailers.103,104
43)Six out of 10 tobacco retailers in California sold cigar products using cannabisrelated flavor descriptors and these retailers were more prevalent in school neighborhoods with lower median income.190
44)Both youth and adult tobacco users are more likely to also use cannabis.191,192
45)Strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in commercial settings can limit their opportunities to obtain these products.26,27
46)Strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales.193,194
47)The Institute of Medicine recognizes that retailers are not likely to comply with youth tobacco access laws unless such laws are actively enforced through retailer compliance checks paired with meaningful penalties on business owners for violations.195
48)State law explicitly permits cities and counties to enact local tobacco retail licensing ordinances and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3).
49)California courts have affirmed the power of the city council to regulate business activity to discourage violations of law. See, e.g., Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento, 184 Cal. App. 4th 697 (2010). 50)Over 180 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco;9 51)The city council has a substantial interest in protecting youth and underserved populations from the harms of tobacco use.
52)The city council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the city of Calistoga in order to protect the health, safety, and welfare of our residents.

Item #7.1.

NOW THEREFORE, it is the intent of the city council, in enacting this ordinance, to ensure compliance with the business standards and practices of the city of Calistoga and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.

SECTION 2: TOBACCO RETAIL LICENSING ORDINANCE, Chapter 8.29 of the County/City Code is hereby amended to read as follows:

8.29.010 - DEFINITIONS
The following words and phrases, whenever used in this section, shall have the meanings defined in this section unless the context clearly requires otherwise:
(A) “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction.
(B) “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (C) “Cannabis Product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.
(D) “Cannabis Retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time. (E) “Child-Resistant Packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
(F) “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.
(G) “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the Item #7.1.

type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. (H) “City” means the City of Calistoga.
(I) “City Council” means the City Council of the City of Calistoga. (J) “Compliance checks” means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this Chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
(K) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
(L) “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. (M) “Department” means the Calistoga Police Department and any agency or person designated by the Department to enforce or administer the provisions of this Chapter.
(N) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking devices include any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(O) “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to Item #7.1.

fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. (P) “Full Retail Price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. (Q) “Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
(R) “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
(S) “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address storefront or other permanent type of structure authorized for sales transactions.
(T) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(U) “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
(V) “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 10% 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 has or shares ultimate control over the dayto-day operations of a business. (W) “Recreation Facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.

Item #7.1.

(X) “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
(Y) “Self-Service Display” means the open display or storage of tobacco products 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 face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. (Z) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.
(AA) “Tobacco Product” means:
(1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
(3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (AB) “Tobacco Retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange. (AC) “Tobacco Retailing” means engaging in the activities of a tobacco retailer. (AD) “Youth-Oriented Facility” means a parcel in the city of Calistoga that is occupied by:
(1) a private or public kindergarten, elementary, middle, junior high, or high school;
(2) a library open to the public;
Item #7.1.

(3) a playground open to the public;
(4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes;
(6) a park open to the public or to all the residents of a private community; (7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]];

8.29.020 - GENERAL REQUIREMENTS AND PROHIBITIONS.
(A) TOBACCO RETAILER’S LICENSE REQUIRED. It shall be unlawful for any person to engage in tobacco retailing in the city of Calistoga without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. (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 license issued, it shall be a violation of this Chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.
(C) SMOKING PROHIBITED. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this Chapter.
(D) MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age. (E) DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. (F) POSITIVE IDENTIFICATION REQUIRED. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government issued photographic identification that the recipient is at least 21 years of age.
(G) SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited.

Item #7.1.

(H) ON-SITE SALES. All sales of tobacco products shall be conducted in person in the licensed location. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person who intends to engage in the delivery sale of the tobacco product in the City.

8.29.030 - SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED. (A) FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product. (B) PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

8.29.040 - TOBACCO PRODUCT PRICING AND PACKAGING.
(A) PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.
(B) DISPLAY OF PRICE. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.
(C) DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS. It is unlawful for any person to distribute free or nominally priced tobacco products.
(D) PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailer shall:
(1) Honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price; (2) sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or
Item #7.1.

(3) provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
(E) MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS. No tobacco retailer shall sell:
(1) any little cigar unless it is sold in a package of at least 20 little cigars; or (2) any cigar unless it is sold in a package of at least 5 cigars; provided, however, that this subsection shall not apply to a cigar that has a price of at least $8.00 per cigar, including all applicable taxes and fees. (F) MINIMUM PRICES FOR CIGARETTES, LITTLE CIGARS, AND CIGARS.

No tobacco retailer shall sell:
(1) Cigarettes at a price that is less than $8.00 per package of 20 cigarettes, including all applicable taxes and fees;
(2) Little cigars at a price that is less than $8.00 per package of little cigars, including all applicable taxes and fees; or
(3) Cigars at a price that is less [ $X.00 $5.00] per cigar, including all applicable taxes and fees.

The minimum prices established in this section shall be adjusted annually by the Department in proportion with the Consumer Price Index, using a system established by the Department.

8.29.050 - LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (A) MOBILE VENDING. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.
(B) LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10.
(C) PHARMACIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.
(D) PROXIMITY TO YOUTH-ORIENTED FACILITIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within 800 feet of a youth-oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youthoriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located.

Item #7.1.

(E) PROXIMITY TO OTHER TOBACCO RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within the 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 to the nearest point of the property line of the parcel on which an existing licensee’s business is located.
(F) PROXIMITY TO CANNABIS RETAILERS. No license may issue, and no existing license may be renewed, to authorize tobacco retailing within 800 feet of an existing cannabis retailer 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 to the nearest point of the property line of the parcel on which an existing cannabis retailer is located.
(G) POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:
(1) The total number of tobacco retailer licenses within the City shall be limited to one for each 1,000 inhabitants of the City.
(2) For the purposes of this subsection, the total population of the City shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed.
(3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1).

8.29.060 - APPLICATION PROCEDURE.
(A) An application for a tobacco retailer’s license 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. All applications shall be submitted on a form supplied by the Department. (B) A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section

8.29.130(c) of this Chapter. Nothing in this Chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law.
(C) Applicant submissions shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a license.

Item #7.1.

(2) The business name, address, and telephone number of the location for which a license is sought.
(3) The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this Chapter.
(4) Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products.
(5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this Chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years.
(6) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this Chapter. (7) 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.
(D) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within 10 business days of a change.

8.29.070 -. LICENSE ISSUANCE OR DENIAL.
(A) ISSUANCE OF LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this Chapter, the Department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. (B) DENIAL OF APPLICATION. The department may deny an application for a tobacco retailer’s license based on any of the following:
(1) The information presented in the application is inaccurate or false.

Intentionally supplying inaccurate or false information shall be a violation of this Chapter.
(2) The application seeks authorization for tobacco retailing at a location for which this Chapter prohibits a license to be issued;
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this Chapter prohibits a license to be issued; or Item #7.1.

(4) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this Chapter, that is unlawful pursuant to any other Chapter of this Code, or that is unlawful pursuant to any other law. (5) Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this Chapter and other laws relating to the sale of tobacco products.

8.28.080 - LICENSE RENEWAL AND EXPIRATION.
(A) RENEWAL OF LICENSE. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is 1 year. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than 30 days prior to the expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section 8.29.060.

8.29.090 -. LICENSES NOT TRANSFERABLE, PAST VIOLATIONS AT RETAIL LOCATION.
(A) LICENSES NOT TRANSFERRABLE. A tobacco retailer’s license may not be transferred from one person to another or from one location to another.

A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietors.
(B) PAST VIOLATIONS. Notwithstanding any other provision of this Chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) the location has been transferred to new proprietor(s) in an arm’s length transaction; and
(2) the new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm’s length transaction.

8.29.100 - LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.

Nothing in this Chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license 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 permit. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.

8.29.110 -. FEE FOR LICENSE.

The fee to issue or to renew a tobacco retailer’s license shall be established from Item #7.1.

time to time by resolution of the City Council. The fee shall be calculated so as to recover the total cost of administration and enforcement of this Chapter, including, but not limited to, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this Chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

8.29.120 -. COMPLIANCE MONITORING.
(A) Compliance with this Chapter shall be monitored by the Department. In addition, the City may designate additional persons to monitor compliance with this Chapter. All licensed premises must be open to inspection by city staff or designated persons during regular business hours. (B) The Department shall inspect each tobacco retailer at least 3 times per 12- month period to ensure compliance with this Chapter.
(C) The city of Calistoga will conduct at least one compliance check per 12- month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.
(D) Nothing in this section shall create a right of action in any licensee or other person against the City or its agents.

8.29.130 - SUSPENSION OR REVOCATION OF LICENSE.
(A) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of this Chapter; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section

8.29.020 above.
(1) Upon a finding by the Department of a first violation of this Chapter at a location, the license shall be suspended for 30 days.

Item #7.1.

(2) Upon a finding by the Department of a second violation of this Chapter at a location within any 5-year period, the license shall be suspended for 90 days.
(3) Upon a finding by the Department of a third violation of this Chapter at a location within any 5-year period, the license shall be suspended for 1 year.
(4) Upon a finding by the Department of four or more violations of this Chapter at a location within any 5-year period, the license shall be revoked.
(B) APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable to the Chief of Police, Building & Planning Director or their designee and any appeal must be filed in writing with the Department or Building & Planning Department within 10 days of mailing of the Department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to the Chief of Police or Planning Director is not available for a revocation made pursuant to subsection (c) below.
(C) REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer’s license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 8.29.070 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City.

8.29.140 -. TOBACCO RETAILING WITHOUT A VALID LICENSE.
(A) INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer’s license as follows:
(1) After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation. (2) After a second violation of this section at a location within any 5-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 90 days have passed from the date of the violation.

Item #7.1.

(3) After a third or subsequent violation of this section at a location within any 5-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 5 years have passed from the date of the violation.

8.29.150 -. ADDITIONAL REMEDIES.
(A) The remedies provided by this Chapter are cumulative and in addition to any other remedies available 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 18 years, 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) Violations of this Chapter are subject to a civil action brought by the District Attorney or City Attorney, punishable by a civil fine defined in Chapter 1, Section 1.08.020.
(D) Violations of this Chapter may, in the discretion of the District Attorney or City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.
(E) Violations of this Chapter are hereby declared to be public nuisances (or Health & Safety?).
(F) In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City, including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (G) Tobacco products offered for sale in violation of this Chapter are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this Chapter. The decision by the Department may be appealed pursuant to the procedures set forth in Section 8.29.130(b). Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed after judgment in that suit becomes final.
(H) For the purposes of the civil remedies provided in this Chapter:

Item #7.1.

(1) Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this Chapter shall constitute a separate violation of this Chapter; and
(2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this Chapter shall constitute a separate violation of this Chapter.
(I) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

8.29.160 -. EXCEPTIONS.
(A) Nothing in this Chapter prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
(B) Nothing in this Chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

8.29.170 -. CONSTRUCTION & SEVERABILITY.

It is the intent of the City Council to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Chapter, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

8.29.180 - PUBLIC RECORDS.

All information provided to the Department by a licensee or license applicant pursuant to this Chapter shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.

Item #7.1.

SECTION 3. EFFECTIVE DATE.

This Ordinance shall take effect and be in force from and after 30 days after the date of enactment; provided, however, that Section 8.29.030 shall not take effect until 6 months after date of enactment.

SECTION 4. Severability.

Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 5. Publication; Effective Date.

This Ordinance shall take effect and be enforced within thirty (30) days from and after the date of its adoption by the City Council at a second reading and shall be posted and published in accordance with the California Government Code.

I, YUDIANA GALVAN, INTERIM CITY CLERK of the City of Calistoga, California, do hereby certify that the foregoing Ordinance was duly PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Yudiana Galvan, Interim City Clerk Donald Williams, Mayor Item #7.1.

REFERENCES:
1 Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs — 2014. U.S.

Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.cdc.gov/ tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf. 2 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014.

Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 3 Family Smoking Prevention and Tobacco Control Act § 3(1), Pub. L. No. 111-31, 123 Stat. 1776-1858 (2009). 4 National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of E-Cigarettes. 2018.

Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/24952. 5 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols. Int J Environ Res Public Health. 2020;17(6):2146. doi: 10.3390/ijerph17062146. 6 Romberg AR, Miller Lo EJ, Cuccia AF, et al. Patterns of nicotine concentrations in electronic cigarettes sold in the United States, 2013-2018. Drug Alcohol Depend. 2019:201:1-7. doi: 10.1016/j.drugalcdep.2019.05.029. 7 Wang TW, Coats EM, Gammon DG et al. National and State-Specific Unit Sales and Prices for Electronic Cigarettes, United States, 2012–2016. Prev Chroni Dis. 2018;15:E99. doi: 10.5888/pcd15.170555. 8 Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by Californian youth, 2014–2018.

Addict Behav. 2020;108:106459. doi: 10.1016/j.addbeh.2020.106459. 9 California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department of Public Health. 2019. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/Fact sandFigures/CATobaccoFactsandFigures2019.pdf.
10 U.S. National Cancer Institute. A Socioecological Approach to Addressing Tobacco-Related Health Disparities. National Cancer Institute Tobacco Control Monograph 22. NIH Publication No. 17-CA-8035A. Bethesda, MD: U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute. 2017. 11 United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1 (D.D.C. 2006), aff’d in part, vacated in part, 566 F.3d 1095 (D.C.

Cir. 2009), and order clarified, 778 F. Supp. 2d 8 (D.D.C. 2011). 12 California Tobacco Control Program. California Tobacco Facts and Figures 2018. Sacramento, CA: California Department of Public Health. 2018. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/Fact sandFigures/CATobaccoFactsFigures2018.pdf.
13 California Tobacco Education and Research Oversight Committee. New Challenges — New Promise for All: Toward a Tobacco-Free California Master Plan 2018–2020. Sacramento, CA: California Tobacco Education and Research Oversight Committee. 2018. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/TEROC/MasterPlan/TEROCM asterPlan2018-2020.pdf.
14 California Tobacco Control Program. Story of Inequity. 2019; http://tobaccofreeca.com/story-ofinequity. Accessed May 22, 2020. 15 Cal. Bus. & Prof. Code § 22972(a)
16 Cal. Bus. & Prof. Code § 22970.1 (Finding that state tobacco excise tax revenues “have declined by hundreds of millions of dollars per year due, in part, to unlawful distributions and untaxed sales of cigarettes and tobacco products,” and that “the licensing of … retailers will help stem the tide of untaxed distributions and illegal sales of cigarettes and tobacco products.”).
17 Cal. Rev. & Tax Code § 30111 (providing that state tobacco taxes “are in lieu of all other state, county, municipal, or district taxes on the privilege of distributing cigarettes or tobacco products.”); Cal. Bus. & Prof. Code § 22964 (providing Item #7.1.

that the Stop Tobacco Access to Kids Act does not “preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive legal age to purchase or possess tobacco products.”). 18 Cal. Bus. & Prof. Code § 22971.3 (“Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes. Local licensing laws may provide for the suspension or revocation of the local license for any violation of a state tobacco control law.”). 19 Cal. Penal Code § 308(a)(1)(A).
20 Cal. Bus. & Prof. Code §§ 22950-22964.
21 21 C.F.R. §§ 1140.14(a)(4), 1140.16(b).
22 21 C.F.R. § 1140.14(a)(2), (b)(2).
23 The American Lung Association in California, Center for Tobacco Policy and Organizing. Matrix of Strong Local Tobacco Retailer Licensing Ordinances. 2018.
24 The American Lung Association in California Center for Tobacco Policy and Organizing. Local Tobacco Policies in the Retail Environment. 2017.
25 The American Lung Association in California Center for Tobacco Policy and Organizing. Tobacco Retailer Licensing is Effective. 2018.
26 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012.

Available at: https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf. 27 DiFranza JR. Which interventions against the sale of tobacco to minors can be expected to reduce smoking? Tob Control. 2012;21:436-442. doi: 10.1136/tobaccocontrol-2011-050145. 28 21 U.S.C. § 387g(a)(1)(A).
29 Villanti AC, Johnson AL, Glasser AM. Association of Flavored Tobacco Use With Tobacco Initiation and Subsequent Use Among US Youth and Adults, 2013-2015. JAMA Netw Open. 2019;2(10):e1913804. doi:

10.1001/jamanetworkopen.2019.13804.
30 Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams DB, Giovino GA. Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014. Tob Control. 2016;25(Suppl 2):ii14-ii20. doi: 10.1136/tobaccocontrol-2016- 053329.
31 King BA, Dube SR, Tynan MA. Flavored cigar smoking among U.S. adults: findings from the 2009-2010 National Adult Tobacco Survey. Nicotine Tob Res. 2013;15(2):608-614. doi: 10.1093/ntr/nts178. 32 D’Silva J, Cohn AM, Johnson AL, Villanti AC. Differences in Subjective Experiences to First Use of Menthol and Nonmenthol Cigarettes in a National Sample of Young Adult Cigarette Smokers. Nicotine Tob Res. 2018;20(9):1062-1068. doi: 10.1093/ntr/ntx181.
33 Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at:
http://www.fda.gov/downloads/ScienceResearch/SpecialTopics/PeerReviewofScientificInformationandAssessments/UC M361598.pdf.
34 Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. 2011. Available at: https://wayback.archive-it.org/7993/20170405201731/https://www.fda. gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UC M269697.pdf.
35 Villanti AC, Collins LK, Niaura RS, Gagosian SY, Abrams DB. Menthol cigarettes and the public health standard: a systematic review. BMC Public Health. 2017;17(1):983. doi: 10.1186/s12889-017-4987-z. 36 Fallin A, Goodin AJ, King BA. Menthol cigarette smoking among lesbian, gay, bisexual, and transgender adults. Am J Prev Med. 2015;48(1):93-97. doi: 10.1016/j.amepre.2014.07.044.

Item #7.1.

37 Cohn AM, Johnson AL, Hair E, Rath JM, Villanti AC. Menthol tobacco use is correlated with mental health symptoms in a national sample of young adults: implications for future health risks and policy recommendations. Tob Induc Dis. 2016;14:1. doi: 10.1186/s12971-015-0066-3.
38 Chen C, Isabelle LM, Pickworth WB, Pankow JF. Levels of mint and wintergreen flavorants: smokeless tobacco products vs. confectionery products. Food Chem Toxicol. 2010;48(2):755-763. doi: 10.1016/j.fct.2009.12.015. 39 Morris DS, Fiala SC, Pawlak R. Opportunities for policy interventions to reduce youth hookah smoking in the United States. Prev Chronic Dis. 2012;9:120082. doi: 10.5888/pcd9.120082. 40 Cameron JM, Howell DN, White JR, Andrenyak DM, Layton ME, Roll JM. Variable and potentially fatal amounts of nicotine in e-cigarette nicotine solutions. Tob Control. 2014;23(1):77-78. doi: 10.1136/tobaccocontrol-2012-050604. 41 Tsai J, Walton K, Coleman BN, et al. Reasons for Electronic Cigarette Use Among Middle and High School Students - National Youth Tobacco Survey, United States, 2016. MMWR Morb Mortal Wkly Rep. 2018;67(6):196-200. doi:

10.15585/mmwr.mm6706a5.
42 Wang TW, Gentzke AS, Creamer MR, et al. Tobacco Product Use and Associated Factors Among Middle and High School Students - United States, 2019. MMWR Surveill Summ. 2019;68(12):1-22. doi: 10.15585/mmwr.ss6812a1. 43 Kuiper NM, Gammon D, Loomis B, et al. Trends in Sales of Flavored and Menthol Tobacco Products in the United States during 2011–2015. Nicotine Tob Res. 2018;20(6):698-706. doi: 10.1093/ntr/ntx123. 44 Cullen KA, Ambrose BK, Genztke AS, et al. Notes from the field: use of electronic cigarettes and any tobacco product among middle and high school students—United States, 2011-2018. MMWR Morb Mortal Wkly Rep. 2018;67(45):1276- 1277. doi: 10.15585/mmwr.mm6745a5.
45 Cullen KA, Gentzke AS, Sawdey MD, et al. e-Cigarette Use Among Youth in the United States, 2019. JAMA. 2019;322(21):2095-2103. doi: 10.1001/jama.2019.18387.
46 Ambrose BK, Day HR, Rostron B, et al. Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014.

JAMA. 2015;314(17):1871-1873. doi: 10.1001/jama.2015.13802. 47 Bonhomme MG, Holder-Hayes E, Ambrose BK, et al. Flavoured non-cigarette tobacco product use among US adults:
2013-2014. Tob Control. 2016;25(Suppl 2):ii4-ii13. doi: 10.1136/tobaccocontrol-2016-053373. 48 Institute of Medicine. Ending the Tobacco Problem: A Blueprint for the Nation. Washington, DC. 2007. Available at:
https://www.nap.edu/catalog/11795/ending-the-tobacco-problem-a-blueprint-for-the-nation. 49 Community Preventive Services Task Force. Reducing Tobacco Use and Secondhand Smoke Exposure: Interventions to Increase the Unit Price for Tobacco Products. 2012. Available at: https://www.thecommunityguide.org/findings/tobaccouse-interventions-increase-unit-price-tobacco. 50 Centers for Disease Control and Prevention. State Cigarette Minimum Price Laws — United States, 2009. MMWR Morb Mortal Wkly Rep. 2010;59(13):389-392.
51 Chaloupka FJ, Cummings KM, Morley C, Horan J. Tax, price and cigarette smoking: evidence from the tobacco documents and implications for tobacco company marketing strategies. Tob Control. 2002;11(Supplement 1):i62-i72. doi:

10.1136/tc.11.suppl_1.i62.
52 Chaloupka F. Tobacco Control Lessons Learned: The Impact of State and Local Policies. ImpacTeen. 2010. Available at:
http://tobaccopolicycenter.org/wp-content/uploads/2017/11/153.pdf. 53 Chaloupka FJ, Yurekli A, Fong GT. Tobacco taxes as a tobacco control strategy. Tob Control. 2012;21(2):172-180. doi:

10.1136/tobaccocontrol-2011-050417.
54 Maciosek MV, LaFrance AB, St. Claire AW, et al. The 20-year impact of tobacco price and tobacco control expenditure increases in Minnesota, 1998-2017. PLoS ONE. 2020;15(3): e0230364. doi: 10.1371/journal.pone.0230364. 55 Doogan NJ, Wewers ME, Berman M. The Impact of a Federal Cigarette Minimum Pack Price Policy on Cigarette Use in the USA. Tob Control. 2018;27(2):203-208. doi: 10.1136/tobaccocontrol-2016-053457. 56 Huang J, Gwarnicki C, Xu X, Caraballo RS, Wada R, Chaloupka FJ. A comprehensive examination of own- and cross-price elasticities of tobacco and nicotine replacement products in the U.S. Prev Med. 2018. doi: 10.1016/j. ypmed.2018.04.024.

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57 Pesko MF, Huang J, Johnston LD, Chaloupka FJ. E-cigarette price sensitivity among middle- and high-school students:
evidence from monitoring the future. Addiction. 2018;113(5):896-906. doi: 10.1111/add.14119. 58 Jawad M, Lee JT, Glantz S, Millett C. Price elasticity of demand of non-cigarette tobacco products: a systematic review and meta-analysis. Tob Control. 2018. doi: 10.1136/tobaccocontrol-2017-054056. 59 Centers for Disease Control and Prevention. STATE System Excise Tax Fact Sheet. https://www.cdc.gov/statesystem/ factsheets/excisetax/ExciseTax.html. Accessed May 27, 2020. 60 Cal. Rev. & Tax. Code § 30111.
61 Schleicher NC, Johnson T, Ahmad I, Henriksen L. Tobacco Marketing in California’s Retail Environment (2011–2014). Palo Alto, CA: Stanford Prevention Research Center, Stanford University School of Medicine. 2015. 62 Federal Trade Commission. Cigarette Report for 2018. 2019. Available at: https://www.ftc.gov/reports/federal-tradecommission-cigarette-report-2018-smokeless-tobacco-report-2018. 63 Wang TW, Falvey K, Gammon DG, et al. Sales Trends in Price-Discounted Cigarettes, Large Cigars, Little Cigars, and Cigarillos-United States, 2011-2016. Nicotine Tob Res. 2018;20(11):1401-1406. doi: 10.1093/ntr/ntx249. 64 White VM, White MM, Freeman K, Gilpin EA, Pierce JP. Cigarette promotional offers: who takes advantage? Am J Prev Med. 2006;30(3):225-231. doi: 10.1016/j.amepre.2005.11.001. 65 Pierce JP, Gilmer TP, Lee L, Gilpin EA, de Beyer J, Messer K. Tobacco industry price-subsidizing promotions may overcome the downward pressure of higher prices on initiation of regular smoking. Health Econ. 2005;14(10):1061-1071. doi:

10.1002/hec.990.
66 Ling PM, Glantz SA. Why and How the Tobacco Industry Sells Cigarettes to Young Adults: Evidence From Industry Documents. Am J Public Health. 2002;92(6):908-916. doi: 10.2105/ajph.92.6.908. 67 Lempert LK, Glantz SA. Tobacco Industry Promotional Strategies Targeting American Indians/Alaska Natives and Exploiting Tribal Sovereignty. Nicotine Tob Res. 2019;21(7):940-948. doi: 10.1093/ntr/nty048. 68 Slater SJ, Chaloupka FJ, Wakefield M, Johnston LD, O’Malley PM. The impact of retail cigarette marketing practices on youth smoking uptake. Arch Pediatr Adolesc Med. 2007;161(5):440-445. doi: 10.1001/archpedi.161.5.440. 69 Xu X, Wang X, Caraballo RS. Is Every Smoker Interested in Price Promotions? An Evaluation of Price-Related Discounts by Cigarette Brands. J Public Health Manag Pract. 2016;22(1):20-28. doi: 10.1097/PHH.0000000000000223. 70 Xu X, Pesko MF, Tynan MA, Gerzoff RB, Malarcher AM, Pechacek TF. Cigarette price-minimization strategies by U.S. smokers. Am J Prev Med. 2013;44(5):472-476. doi: 10.1016/j.amepre.2013.01.019. 71 Cal. Health & Safety Code § 118950(b)-(c)(1). The California Supreme Court upheld this law, finding that federal law did not preempt the state law. People v. R.J. Reynolds Tobacco Co., 124 P.3d 408 (Cal. 2005). 72 Chicago Municipal Code § 4-64-905.
73 New York City Administrative Code § 17-176.1.
74 Oakland, California, Municipal Code § 5.91.040.
75 Providence, Rhode Island Municipal Code § 14-303.
76 Nat’l Ass’n of Tobacco Outlets, Inc. v. City of New York, 27 F. Supp. 3d 415 (S.D.N.Y. 2014). 77 Nat’l Ass’n of Tobacco Outlets, Inc. v. City of Providence, R.I., 731 F.3d 71 (1st Cir. 2013). 78 21 C.F.R. § 1140.16(b).
79 Schleicher NC, Johnson T, Rigdon J, et al. California Tobacco Retail Surveillance Study, 2017. Available at: https://www. cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/SurveyInstrument sTrainingManualsAndProtocols/CaliforniaTobaccoRetailSurveillanceStudt2017-CTRSS%206-4.pdf. 80 Schleicher NC, Johnson T, Vishwakarma M, et al. California Tobacco Retail Surveillance Study 2018. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/Rep orts/CaliforniaTobaccoRetailSurveillanceStudyReport-2018.pdf. 81 Henriksen L, Andersen-Rodgers E, Zhang X, et al. Neighborhood Variation in the Price of Cheap Tobacco Products in California: Results From Healthy Stores for a Healthy Community. Nicotine Tob Res. 2017;19(11):1330-1337. doi:

Item #7.1.

10.1093/ntr/ntx089.
82 Huang J, Chriqui JF, DeLong H, Mirza M, Diaz MC, Chaloupka FJ. Do state minimum markup/price laws work? Evidence from retail scanner data and TUS-CPS. Tob Control. 2016;25(Suppl 1):i52-i59. doi: 10.1136/tobaccocontrol-2016-053093. 83 Sonoma County, California Municipal Code § 32A-3(k). 84 Windsor, California Municipal Code § 3-11-115(l).
85 San Leandro Municipal Code § 4-36-150(k).86 Golden SD, Kim K, Kong A, et al. Simulating the Impact of a Cigarette Minimum Floor Price Law on Adult Smoking Prevalence in California. Nicotine Tob Res. 2020;ntaa046. doi: 10.1093/ ntr/ntaa046.
87 Golden SD, Farrelly MC, Luke DA, Ribisl KM. Comparing projected impacts of cigarette floor price and excise tax policies on socioeconomic disparities in smoking. Tob Control. 2016;25(Suppl 1):i60-i66. doi: 10.1136/tobaccocontrol-2016- 053230.
88 Brock B, Carlson SC, Moilanen M, Schillo BA. Effectiveness of Local Policy Efforts to Increase the Price of Cheap Cigars in Minnesota. Am J Public Health. 2017;107(1):127-129. doi: 10.2105/AJPH.2016.303517. 89 Hill S, Amos A, Clifford D, Platt S. Impact of tobacco control interventions on socioeconomic inequalities in smoking:
review of the evidence. Tob Control. 2014;23(e2):e89-97. doi: 10.1136/tobaccocontrol-2013-051110. 90 Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighbourhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health. 2005;59(7):568-573. doi: 10.1136/ jech.2004.029041.
91 Lipperman-Kreda S, Grube JW, Friend KB, Mair C. Tobacco outlet density, retailer cigarette sales without ID checks and enforcement of underage tobacco laws: associations with youths’ cigarette smoking and beliefs. Addiction. 2016;111(3):525-532. doi: 10.1111/add.13179.
92 Novak SP, Reardon SF, Raudenbush SW, Buka SL. Retail tobacco outlet density and youth cigarette smoking: a propensity-modeling approach. Am J Public Health. 2006;96(4):670-676. doi: 10.2105/AJPH.2004.061622. 93 Siahpush M, Jones PR, Singh GK, Timsina LR, Martin J. Association of availability of tobacco products with socio-economic and racial/ethnic characteristics of neighbourhoods. Public Health. 2010;124(9):525-529. doi: 10.1016/j. puhe.2010.04.010.
94 Lee JG, Sun DL, Schleicher NM, Ribisl KM, Luke DA, Henriksen L. Inequalities in tobacco outlet density by race, ethnicity and socioeconomic status, 2012, USA: results from the ASPiRE Study. J Epidemiol Community Health. 2017;71(5):487- 492. doi: 10.1136/jech-2016-208475.
95 Loomis BR, Kim AE, Goetz JL, Juster HR. Density of tobacco retailers and its association with sociodemographic characteristics of communities across New York. Public Health. 2013;127(4):333-338. doi: 10.1016/j.puhe.2013.01.013. 96 Yu D, Peterson NA, Sheffer MA, Reid RJ, Schnieder JE. Tobacco outlet density and demographics: analysing the relationships with a spatial regression approach. Public Health. 2010;124(7):412-416. doi: 10.1016/j.puhe.2010.03.024. 97 Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent JD. Predictors of tobacco outlet density nationwide: a geographic analysis. Tob Control. 2013;22(5):349-355. doi: 10.1136/tobaccocontrol-2011-050120. 98 Fakunle DO, Curriero FC, Leaf PJ, Furr-Holden DM, Thorpe RJ. Black, White, or Green? The Effects of Racial Composition and Socioeconomic Status on Neighborhood-Level Tobacco Outlet Density. Ethn Health. 2019;1-16. doi:

10.1080/13557858.2019.1620178.
99 Finan LJ, Lipperman-Kreda S, Abadi M, et al. Tobacco outlet density and adolescents’ cigarette smoking: a meta-analysis.

Tob Control. 2019;28:27-33. doi: 10.1136/tobaccocontrol-2017-054065. 100 Schleicher NC, Johnson TO, Fortmann SP, Henriksen L. Tobacco outlet density near home and school: Associations with smoking and norms among US teens. Prev Med. 2016;91:287-293. doi: 10.1016/j.ypmed.2016.08.027. 101 Finan LJ, Lipperman-Kreda S, Abadi M, et al. Tobacco Outlet Density and Adolescents’ Cigarette Smoking: A MetaAnalysis. Tob Control. 2019;28(1):27-33. doi: 10.1136/tobaccocontrol-2017-054065. 102 Lovato CY, Hsu HCH, Sabiston CM, Hadd V, Nykiforuk CIJ. Tobacco Point-of-Purchase marketing in school neighbourhoods and school smoking prevalence: a descriptive study. Can J Public Health. 2007;98(4):265-270. doi:

10.17269/ cjph.98.865.

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103 Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239-244. doi: 10.1093/ntr/ntw185. 104 HG, Henry KA, Scheeres A, et al. Tobacco Retail Licensing and Density 3 Years After License Regulations in Philadelphia, Pennsylvania (2012-2019). Am J Public Health. 2020;110(4):547-553. doi: 10.2105/AJPH.2019.305512. 105 Cantrell J, Pearson JL, Anesetti-Rothermel A, Xiao H, Kirchner TR, Vallone D. Tobacco Retail Outlet Density and Young Adult Tobacco Initiation. Nicotine Tob Res. 2016;18(2):130-137. doi: 10.1093/ntr/ntv036. 106 Young-Wolff KC, Henriksen L, Delucchi K, Prochaska JJ. Tobacco retailer proximity and density and nicotine dependence among smokers with serious mental illness. Am J Public Health. 2014;104(8):1454-1463. doi: 10.2105/ AJPH.2014.301917.
107 Reitzel LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health. 2011;101(2):315-320. doi: 10.2105/AJPH.2010.191676. 108 Luke DA, Ribisl KM, Smith C, Sorg AA. Family Smoking Prevention And Tobacco Control Act: banning outdoor tobacco advertising near schools and playgrounds. Am J Prev Med. 2011;40(3):295-302. doi: 10.1016/j.amepre.2010.11.018. 109 Fakunle DO, Milam AJ, Furr-Holden CD, Butler J, 3rd, Thorpe RJ, Jr., LaVeist TA. The inequitable distribution of tobacco outlet density: the role of income in two Black Mid-Atlantic geopolitical areas. Public Health. 2016;136:35-40. doi:

10.1016/j.puhe.2016.02.032.
110 Galiatsatos P, Kineza C, Hwang S, et al. Neighbourhood characteristics and health outcomes: evaluating the association between socioeconomic status, tobacco store density and health outcomes in Baltimore City. Tob Control. 2018;27(e1):e19-e24. doi: 10.1136/tobaccocontrol-2017-053945. 111 Berg CJ, Henriksen L, Cavazos-Rehg PA, Haardoerfer R, Freisthler B. The emerging marijuana retail environment: Key lessons learned from tobacco and alcohol retail research. Addict Behav. 2018;81:26-31. doi:

10.1016/j.addbeh.2018.01.040.
112 Feighery EC, Schleicher NC, Boley Cruz T, Unger JB. An examination of trends in amount and type of cigarette advertising and sales promotions in California stores, 2002-2005. Tob Control. 2008;17(2):93-98. doi: 10.1136/ tc.2007.022046. 113 Jernigan DH, Sparks M, Yang E, Schwartz R. Using public health and community partnerships to reduce density of alcohol outlets. Prev Chronic Dis. 2013;10:E53. doi: 10.5888/pcd10.120090. 114 Cal. Bus. & Prof. Code § 23817.5.
115 Bright Research Group for the San Francisco Tobacco-Free Project. Reducing Tobacco Retail Density in San Francisco: A Case Study. 2016. Available at: https://sanfranciscotobaccofreeproject.org/wp-content/uploads/Retail-DensityCaseStudy-1.27.16-FINAL-to-TFP.pdf. 116 Center for Public Health Systems Science. Point-of-Sale Report to the Nation: Realizing the Power of States and Communities to Change the Tobacco Retail and Policy Landscape. St. Louis, MO: Center for Public Health Systems Science at the Brown School at Washington University in St. Louis and the National Cancer Institute, State and Community Tobacco Control Research Initiative. 2016. Available at: https://cpb-us-w2.wpmucdn.com/sites.wustl.edu/dist/e/1037/ files/2017/10/Reporttothenation_2016-2mfepqr.pdf.
117 Attorneys General Call on Retail Pharmacies to Stop Selling Tobacco Products [press release]. March 28, 2014. Available at: https://news.delaware.gov/2014/03/18/attorneys-general-call-on-retail-pharmacies-to-stop-selling-tobaccoproducts. 118 Henriksen L, Schleicher NC, Barker DC, Liu Y, Chaloupka FJ. Prices for Tobacco and Nontobacco Products in Pharmacies Versus Other Stores: Results From Retail Marketing Surveillance in California and in the United States. Am J Public Health. 2016;106(10):1858-1864. doi: 10.2105/AJPH.2016.303306. 119 Jin Y, Lu B, Klein EG, Berman M, Foraker RE, Ferketich AK. Tobacco-Free Pharmacy Laws and Trends in Tobacco Retailer Density in California and Massachusetts. Am J Public Health. 2016;106(4):679-685. doi: 10.2105/ AJPH.2015.303040. 120 Polinski JM, Howell B, Gagnon MA, Kymes SM, Brennan TA, Shrank WH. Impact of CVS Pharmacy’s Discontinuance of Tobacco Sales on Cigarette Purchasing (2012-2014). Am J Public Health. 2017;107(4):556-562. doi: 10.2105/ AJPH.2016.303612.
121 Cal. Bus. & Prof. Code § 22963
122 Prevent All Cigarettes Trafficking Act of 2009, Pub. L. No. 111-154, 124 Stat. 1087 (2009).

Item #7.1.

123 21 U.S.C. § 387f(d)(4)(A).
124 Food and Drug Administration. Report to Congress — Progress and Effectiveness of the Implementation of the Family Smoking Prevention and Tobacco Control Act. U.S. Department of Health and Human Services. 2013. Available at:
https:// www.fda.gov/downloads/tobaccoproducts/labeling/rulesregulationsguidance/ucm371271.pdf. 125 Williams RS, Derrick J, Phillips KJ. Cigarette sales to minors via the internet: how the story has changed in the wake of federal regulation. Tob Control. 2017;26(4):415-420. doi: 10.1136/tobaccocontrol-2015-052844. 126 Williams RS, Derrick J, Liebman AK, LaFleur K, Ribisl KM. Content analysis of age verification, purchase and delivery methods of internet e-cigarette vendors, 2013 and 2014. Tob Control. 2018;27(3):287-293. doi: 10.1136/tobaccocontrol2016-053616. 127 Williams RS, Derrick JC. Internet Little Cigar and Cigarillo Vendors: Surveillance of Sales and Marketing Practices via Website Content Analysis. Prev Med. 2018;109:51-57. doi: 10.1016/j.ypmed.2018.01.017. 128 FDA announces comprehensive regulatory plan to shift trajectory of tobacco-related disease, death [press release]. July 28, 2017. Available at: https://www.fda.gov/newsevents/newsroom/pressannouncements/ucm568923.htm. 129 Stebbins KR. Tobacco, politics and economics: Implications for global health. Social Science & Medicine. 1991;33(12):1317-1326. doi: 10.1016/0277-9536(91)90275-h. 130 Wang TW, Gentzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A. Tobacco Product Use Among Middle and High School Students - United States, 2011-2017. MMWR Morb Mortal Wkly Rep. 2018;67(22):629-633. doi: 10.15585/ mmwr.mm6722a3.
131 Pesko MF, Robarats AM. Adolescent Tobacco Use in Urban Versus Rural Areas of the United States: The Influence of Tobacco Control Policy Environments. J Adolesc Health. 2017;61(1):70-76. doi: 10.1016/j.jadohealth.2017.01.019. 132 Chaffee BW, Couch ET, Urata J, et al. Predictors of Smokeless Tobacco Susceptibility, Initiation, and Progression Over Time Among Adolescents in a Rural Cohort. Subst Use Misuse. 2019;54(7):1154-1166. doi: 10.1080/10826084.2018. 133 Healthy Retail SF. https://susanahennessey-lavery.squarespace.com. Accessed July 13, 2018. 134 Davis KC, Grimshaw V, Merriman D, et al. Cigarette trafficking in five northeastern US cities. Tob Control. 2014;23(e1):e62-68. doi: 10.1136/tobaccocontrol-2013-051244. 135 Kurti MK, von Lampe K, Thompkins DE. The illegal cigarette market in a socioeconomically deprived inner-city area: the case of the South Bronx. Tob Control. 2013;22(2):138-140. doi: 10.1136/tobaccocontrol-2011-050412. 136 World Health Organization. WHO Report on the Global Tobacco Epidemic, 2019: Offer Help to Quit Tobacco Use. 2019.

Available at: https://apps.who.int/iris/handle/10665/326043. 137 California Department of Public Health, California Tobacco Control Program. The #1 Preventable Cause of Death. https://tobaccofreeca.com/health/tobacco-is-the-number-one-preventable-cause-of-death. Accessed May 12, 2020. 138 Lortet-Tieulent J, Goding Sauer A, Siegel RL, et al. State-Level Cancer Mortality Attributable to Cigarette Smoking in the United States. JAMA Intern Med. 2016;176(12):1792-1798. doi: 10.1001/jamainternmed.2016.6530. 139 Campaign for Tobacco-Free Kids. The Toll of Tobacco in California. https://www.tobaccofreekids.org/problem/toll-us/ california. Accessed May 12, 2020.
140 California Tobacco Control Program. California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016.
141 Kann L, McManus T, Harris WA, et al. Youth Risk Behavior Surveillance — United States, 2017. MMWR Surveill Summ. 2018;67(8):1-114 and Supplementary Tables 52-93. doi: 10.15585/mmwr.ss6708a1. 142 Burrows, D.S. “Estimated Change in Industry Trend Following Federal Excise Tax Increase.” UCSF Library Truth Tobacco Industry Documents. Date Mod. Industry, Apr. 17, 2012: https://www.industrydocumentslibrary.ucsf.edu/tobacco/ docs/nnnw0084. Accessed May 12, 2020.
143 National Association of Convenience Stores. U.S. Convenience Store Count. Available at: https://www.convenience. org/Research/FactSheets/ScopeofIndustry/IndustryStoreCount; Statista. In-store merchandise sales of convenience stores in the United States in 2018, by product category. Available at:
https://www.statista.com/statistics/308783/usconvenience-stores-in-store-merchandise-sales-by-category (Cigarettes + Other Tobacco Products Sales = $81.056 billion).

Item #7.1.

National Association of Convenience Stores. Convenience Stores and Their Communities. 2019. Available at: https://www. convenience.org/Topics/CommunityToolkit/How-Stores-Work. 144 McLaughlin I. License to Kill?: Tobacco Retailer Licensing as an Effective Enforcement Tool. Tobacco Control Legal Consortium. 2010. Available at: http://www.publichealthlawcenter.org/sites/default/files/resources/tclc-syn-retailer2010.pdf. 145 Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products.

Washington, DC: The National Academies Press. 2015. Available at: https://www.nap.edu/catalog/18997/public-healthimplications-of-raising-the-minimum-age-of-legal-access-to-tobacco-products. 146 Villanti AC, Johnson AL, Ambrose BK, et al. Flavored Tobacco Product Use in Youth and Adults: Findings From the First Wave of the PATH Study (2013-2014). Am J Prev Med. 2017;53(2):139-151. doi: 10.1016/j.amepre.2017.01.026. 147 California Department of Public Health, California Tobacco Control Program. 2016 Healthy Stores for a Healthy Community Survey Results-all counties. 2016. Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/ CDPH%20Document%20Library/ResearchandEvaluation/Reports/HSHCTechnicalReport2016.pdf. 148 Hersey JC, Ng SW, Nonnemaker JM, et al. Are menthol cigarettes a starter product for youth? Nicotine Tob Res. 2006;8(3):403-413. doi: 10.1080/14622200600670389.
149 Wackowski O, Delnevo CD. Menthol cigarettes and indicators of tobacco dependence among adolescents. Addict Behav. 2007;32(9):1964-1969. doi: 10.1016/j.addbeh.2006.12.023. 150 Oliver AJ, Jensen JA, Vogel RI, Anderson AJ, Hatsukami DK. Flavored and nonflavored smokeless tobacco products: rate, pattern of use, and effects. Nicotine Tob Res. 2013;15(1):88-92. doi: 10.1093/ntr/nts093. 151 Villanti AC, Johnson AL, Glasser AM, et al. Association of Flavored Tobacco Use With Tobacco Initiation and Subsequent Use Among US Youth and Adults, 2013-2015. JAMA Netw Open. 2019;2(10):e1913804. doi:

10.1001/jamanetworkopen.2019.13804.
152 Yerger VB, Przewoznik J, Malone RE. Racialized geography, corporate activity, and health disparities: tobacco industry targeting of inner cities. J Health Care Poor Underserved. 2007;18(4 Suppl):10-38. doi: 10.1353/hpu.2007.0120. 153 Kreslake JM, Wayne GF, Alpert HR, Koh HK, Connolly GN. Tobacco industry control of menthol in cigarettes and targeting of adolescents and young adults. Am J Public Health. 2008;98(9):1685-1692. doi: 10.2105/AJPH.2007.125542. 154 Henriksen L, Schleicher NC, Dauphinee AL, Fortmann SP. Targeted advertising, promotion, and price for menthol cigarettes in California high school neighborhoods. Nicotine Tob Res. 2012;14(1):116-121. doi: 10.1093/ntr/ntr122. 155 Courtemanche CJ, Palmer MK, Pesko MF. Influence of the Flavored Cigarette Ban on Adolescent Tobacco Use. Am J Prev Med. 2017;52(5):e139-e146. doi: 10.1016/j.amepre.2016.11.019. 156 Farley SM, Johns M. New York City flavoured tobacco product sales ban evaluation. Tob Control. 2017;26(1):78-84. doi:

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157 Pearlman DN, Arnold JA, Guardino GA, Boles Welsh E. Advancing Tobacco Control Through Point of Sale Policies, Providence, Rhode Island. Prev Chronic Dis. 2019;16:E129. doi: 10.5888/pcd16.180614. 158 Hoffmann D, Hoffmann I. Chapter 3: Chemistry and Toxicology. In: Smoking and Tobacco Control Monograph No. 9:

Cigars: Health Effects and Trends. National Cancer Institute; 1998. 159 National Cancer Institute. Cigar Smoking and Cancer. 2020; https://www.cancer.gov/about-cancer/causesprevention/risk/tobacco/cigars-fact-sheet. Accessed May 12, 2020. 160 Waziry R, Jawad M, Ballout RA, Al Akel M, Akl EA. The effects of waterpipe tobacco smoking on health outcomes: an updated systematic review and meta-analysis. Int J Epidemiol. 2017;46(1):32-43. doi: 10.1093/ije/dyw021. 161 Stepanov I, Biener L, Knezevich A, et al. Monitoring tobacco-specific N-nitrosamines and nicotine in novel Marlboro and Camel smokeless tobacco products: findings from Round 1 of the New Product Watch. Nicotine Tob Res. 2012;14(3):274- 281. doi: 10.1093/ntr/ntr209.
162 National Cancer Institute. Monograph 2: Smokeless Tobacco or Health: An International Perspective. 1992. 163 Pickworth WB, Rosenberry ZR, Koszowski B. Large Cigars: Smoking Topography and Toxicant Exposure. Nicotine Tob Res. 2018;20(2):183-191. doi: 10.1093/ntr/ntw289.

Item #7.1.

164 Pickworth WB, Rosenberry ZR, Yi D, et al. Cigarillo and Little Cigar Mainstream Smoke Constituents from Replicated Human Smoking . Chem Res Toxicol. 2018;31(4):251-258. doi: 10.1021/acs.chemrestox.7b00312. 165 Yao T, Ong MK, Max W, et al. Responsiveness to cigarette prices by different racial/ethnic groups of US adults. Tob Control. 2018;27(3):301-309. doi: 10.1136/tobaccocontrol-2016-053434. 166. Levy DT, Tam J, Kuo C, Fong GT, Chaloupka F. The Impact of Implementing Tobacco Control Policies: The 2017 Tobacco Control Policy Scorecard. J Public Health Manag Pract. 2018;24(5)448-457. doi: 10.1097/PHH.0000000000000780. 167 Tessman GK, Caraballo RS, Corey CG, Xu X, Chang CM. Exposure to tobacco coupons among U.S. middle and high school students. Am J Prev Med. 2014;47(2 Suppl 1):S61-68. doi: 10.1016/j.amepre.2014.05.001. 168 Mills SD, Golden SD, Henrisksen L. Neighbourhood disparities in the price of the cheapest cigarettes in the USA. J Epidemiol Community Health. 2019;73(9):894-896. doi: 10.1136/jech-2018-210998. 169 Counter Tobacco. Disparities in Point-of-Sale Advertising and Retailer Density. Available at: https://countertobacco. org/resources-tools/evidence-summaries/disparities-in-point-of-sale-advertising-and-retailer-density. Accessed May 18, 2020.
170 Lempert LK, Glantz SA. Tobacco Industry Promotional Strategies Targeting American Indians/Alaska Natives and Exploiting Tribal Sovereignty. Nicotine Tob Res. 2018. doi: 10.1093/ntr/nty048. 171 Henriksen L, Schleicher NC, Johnson TO, Roeseler A, Zhu SH. Retail Tobacco Marketing in Rural Versus Nonrural Counties:

Product Availability, Discounts, and Prices. Health Promot Pract. 2020;21(1_suppl):27S-36S. doi:

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172 Osman A, Queen T, Choi K, Goldstein AO. Receipt of direct tobacco mail/email coupons and coupon redemption:

Demographic and socioeconomic disparities among adult smokers in the United States. Prev Med. 2019;126:105778. doi:

10.1016/j.ypmed.2019.105778.
173 Cal. Penal Code § 308.3(a).
174 Gammon DG, Rogers T, Coats EM, et al. National and state patterns of concept-flavoured cigar sales, USA, 2012-2016.

Tob Control. 2019;28(4):394-400. doi: 10.1136/tobaccocontrol-2018-054348. 175 Gammon DG, Loomis BR, Dench DL, King BA, Fulmer EB, Rogers T. Effect of price changes in little cigars and cigarettes on little cigar sales: USA, Q4 2011-Q4 2013. Tob Control. 2016;25(5):538-544. doi: 10.1136/tobaccocontrol-2015-052343. 176 Jawad M, Lee JT, Glantz S, Millett C. Price elasticity of demand of non-cigarette tobacco products: a systematic review and meta-analysis. Tob Control. 2018;27(6):689-695. doi: 10.1136/tobaccocontrol-2017-054056. 177 Ringel JS, Wasserman J, Andreyeva T. Effects of public policy on adolescents’ cigar use: evidence from the National Youth Tobacco Survey. Am J Public Health. 2005;95(6):995-998. doi: 10.2105/AJPH.2003.030411.178; Katz MH. Banning tobacco sales in pharmacies: the right prescription. JAMA. 2008;300(12):1451-1453. doi: 10.1001/ jama.300.12.1451. 179 Hudmon KS, Fenlon CM, Corelli RL, Prokhorov AV, Schroeder SA. Tobacco sales in pharmacies: time to quit. Tob Control. 2006;15(1):35-38. doi: 10.1136/tc.2005.012278.
180 Golden SD, K T-M, Kong AY, et al. County-level associations between tobacco retailer density and smoking prevalence in the USA, 2012. Prev Med Rep. 2020; Mar:17:101005. doi: 10.1016/j.pmedr.2019.101005. 181 Leas EC, Schleicher NC, Prochaska JJ, Henriksen L. Place-Based Inequity in Smoking Prevalence in the Largest Cities in the United States. JAMA Intern Med. 2019;179(3):442-444. doi: 10.1001/jamainternmed.2018.5990. 182 Farley SM, Maroko AR, Suglia SF, Thorpe LE. The Influence of Tobacco Retailer Density and Poverty on Tobacco Use in a Densely Populated Urban Environment. Public Health Rep. 2019;134(2):164-171. doi: 10.1177/0033354918824330. 183 Abdel Magid HS, Halpern-Felsher B, Ling PM, et al. Tobacco Retail Density and Initiation of Alternative Tobacco Product Use Among Teens. J Adolesc Health. 2020;66(4):423-430. doi: 10.1016/j.jadohealth.2019.09.004. 184 Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR. The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction. 2015;110(1):152-161. doi:

10.1111/ add.12718.
185 Vyas P, Tsoh JY, Gildengorin G, et al. Disentangling individual and neighborhood differences in the intention to quit smoking in Asian American male smokers. Prev Med Rep. 2020;18:101064. doi: 10.1016/j.pmedr.2020.101064.

Item #7.1.

186 Shareck M, Datta GD, Vallee J, Kestens Y, Frohlick KL. Is Smoking Cessation in Young Adults Associated With Tobacco Retailer Availability in Their Activity Space? Nicotine Tob Res. 2020;22(4):512-521. doi: 10.1093/ntr/nty242. 187 Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent J. Retail tobacco exposure: using geographic analysis to identify areas with excessively high retail density. Nicotine Tob Res. 2014;16(2):155-165. doi: 10.1093/ntr/ntt126. 188 Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy approaches for tobacco retailer reduction. Prev Med. 2015;74:67-73. doi: 10.1016/j.ypmed.2015.01.025.
189 Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi: 10.2105/AJPH.2017.303685.190; Henriksen L, Schleicher NC, Ababseh K, Johnson TO, Fortmann SP. Marijuana as a ‘concept’ flavour for cigar products: availability and price near California schools. Tob Control. 2017. doi: 10.1136/tobaccocontrol-2017-053961. 191 Richter L, Pugh BS, Smith PH, Ball SA. The co-occurrence of nicotine and other substance use and addiction among youth and adults in the United States: implications for research, practice, and policy. Am J Drug Alcohol Abuse. 2017;43(2):132- 145. doi: 10.1080/00952990.2016.1193511.
192 Conway KP, Green VR, Kasza KA, et al. Co-occurrence of Tobacco Product Use, Substance Use, and Mental Health Problems Among Youth: Findings From Wave 1 (2013-2014) of the Population Assessment of Tobacco and Health (PATH) Study. Addict Behav. 2018;76:208-217. doi: 10.1016/j.addbeh.2017.08.009. 193 DiFranza JR. Best Practices for Enforcing State Laws Prohibiting the Sale of Tobacco to Minors. J Public Health Manag Pract. 2005;11(6):559-565. doi: 10.1097/00124784-200511000-00014. 194 Macinko J, Silver D. Impact of New York City’s 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use. Am J Public Health. 2018;108(5):669-675. doi: 10.2105/AJPH.2018.304340. 195 Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products.

Washington, DC: National Academies Press. 2015.

Item #7.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Greg Desmond, Planning and Building Director
Meeting: City Council - Sep 10 2024
Subject: Amendment to Calistoga Municipal Code Chapter 5.12 Mobile Food Vendors DESCRIPTION:

Consider an Ordinance of the City of Calistoga Amending Municipal Code Chapter 5.12 Mobile Food Vendors, Section 5.12.010 E. 2. regarding where mobile vending vehicles may conduct vending.

RECOMMENDATION:

Move to introduce and waive further reading of Ordinance 2024-01 Amending Mobile Food Vending Ordinance CMC Chapter 5.12.

BACKGROUND/SUMMARY:

The ordinance commonly referred to as the "food truck" ordinance was adopted by the city council on August 15, 2023 and was implemented in September of 2023. On August 20, 2024, the council discussed the ordinance and provided the following direction to staff:

Amend the mobile food vending code to prohibit this use on Brannan Street in its entirety.

Amend the mobile food vending code to prohibit this use on Washington Street between the intersection of Lincoln Avenue and Earl Street.

Amend the mobile food vending code to allow this use at Logvy Park which is located in the Public (P) zoning district.

Amend the mobile food vending code to allow this use at two specific locations on fairgrounds property; (1) at the main entrance adjacent to North Oak Street and (2) in the gravel parking area between the Golf Club parking area and Grant Street. The fairgrounds property is located in the Public (P) zoning district.

Consider offering a lottery process for vending locations in the event that more than one vendor is interested in a specific vending location.

ANALYSIS:

CMC Chapter 5.12 Mobile Food Vendors Section 5.12.010. E. Operational Requirements. 2. Public Property. currently states:

Mobile vending vehicles may conduct vending within the public right-of-way in Community Commercial (CC) and Light Industrial (I) zoning districts only, except on the entire length of Wappo Item #8.1.

Avenue. Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.

The ordinance language to implement the city council's direction would be as as follows:

Mobile vending vehicles may conduct vending within the public right-of-way in Community Commercial (CC), Light Industrial (I) zoning districts. However, this use is prohibited along the entire length of Wappo Avenue, along Brannan Street and along Washington Street from the intersection of Lincoln Avenue to Earl Street.

Mobile vending vehicles may conduct vending in the following specifically designated locations within the Public (P) district; (1) Logvy Park, (2) Fairgrounds main entrance adjacent to North Oak Street, and (3) Fairgrounds golf course entrance adjacent to Grant Street.

Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.

The city council, at their August 20, 2024 meeting, directed staff to add the following language to CMC Chapter 5.12 Mobile Food Vendors Section 5.12.010. D.:

In the event that more than one mobile food vendor is interested in a specific vending location, planning and building department staff will conduct a lottery to select a vendor for the specific location.

Ordinance Amendment (Attachment 1) addresses the requested amendments.

CEQA STATUS:

This action does not meet the definition of a “project” under the California Environmental Quality Act (CEQA).

ATTACHMENT(S):

ATTCH 1 Ord xxx Amendment to Mobile Food Vending - rev 1 food truck powerpoint 9-10-2024 - REVISED FINAL
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Aug 27 2024 Laura Snideman, City Manager Approved - Sep 04 2024
Yudiana Galvan, City Clerk Approved - Sep 04 2024
Item #8.1.

ATTACHMENT 1
ORDINANCE NO. 7**

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CALISTOGA AMENDING CALISTOGA MUNICIPAL CODE CHAPTER

5.12. MOBILE FOOD VENDORS, SECTION 5.12.010 D REGARDING MOBILE VENDING PERMIT ISSUANCE, AND SECTION 5.12.010 E. 2.

REGARDING WHERE MOBILE VENDING VEHICLES MAY CONDUCT

VENDING
WHEREAS, on August 15, 2023, the City Council adopted Ordinance No. 761 Mobile Food Vendors; and
WHEREAS, the new ordinance was implemented in September of 2023; and WHEREAS, on August 20, 2024, the City Council was asked to provide feedback to staff on the newly implemented Mobile Food Vending Ordinance; and WHEREAS, the City Council, during its discussion on August 20, 2024, agreed that the ordinance was generally working well except for along Brannan Street and a segment along Washington Avenue and the need for additional vending locations; and WHEREAS, the City Council, during its discussion on August 20, 2024, expressed concerns that the location along Brannan Street is not an appropriate location for mobile food vending due to inconsistencies with adjacent uses; and WHEREAS, the City Council, during its discussion on August 20, 2024, expressed concerns that the segment of Washington Street between Lincoln Avenue and Earl Street is narrow and developed adjacent residential uses making this area potentially dangerous; and
WHEREAS, the City Council, during its discussion on August 20, 2024, expressed interest in Logvy Park as an additional location for mobile food vending; and WHEREAS, the City Council, during its discussion on August 20, 2024, expressed interest in the main entrance to the fairgrounds and the entrance to the fairgrounds golf course as an additional locations for mobile food vending; and WHEREAS, the City Council, during its discussion on August 20, 2024, expressed interest in establishing a lottery process in the event that more than one vendor is interested in a specific vending location; and
WHEREAS, the draft amendments were released to the public for review on the City’s website and published in the Calistoga Tribune on August 29, 2024; and WHEREAS, during its review, the City Council considered the public record, including the staff report, findings, and any written materials and testimony presented by the public during the hearing; and
WHEREAS, to ensure public health and safety, the City Council does desire to enact the following regulations related to mobile food vending.

Item #8.1.

NOW, THEREFORE, THE CALISTOGA CITY COUNCIL DOES HEREBY
ORDAIN AS FOLLOWS:

SECTION ONE
Findings: The above recitals are incorporated herein as if set forth herein in full and each is relied upon independently by the City Council for its adoption of this Ordinance.

SECTION TWO
Chapter 5.12.010 D of the Calistoga Municipal Code is hereby amended to read as follows:

In the event that more than one mobile food vendor is interested in a specific vending location, planning and building department staff will conduct a lottery to select a vendor for the specific location.

SECTION THREE
Chapter 5.12.010.2. of the Calistoga Municipal Code is hereby amended to read as follows:

2. Public Property. Mobile vending vehicles may conduct vending within the public rightof-way in Community Commercial (CC), Light Industrial (I) zoning districts. However, this use is prohibited along the entire length of Brannan Street, Wappo Avenue and along Washington Street from the intersection of Lincoln Avenue to Earl Street.

In addition, mobile vending vehicles may conduct vending in the following specifically designated locations within the Public (P) district; (1) Logvy Park, (2) Fairgrounds main entrance adjacent to North Oak Street, and (3) Entrance to the Fairgrounds golf course adjacent to Grant Street.

Mobile food vendors are prohibited from vending in the public right-of-way abutting a parcel with residential occupancy. Mobile food vendors are prohibited from vending on State Highway 128 and State Highway 29 within the City of Calistoga.

SECTION FOUR
The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance will not result in a significant foreseeable environmental impact.

SECTION FIVE
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

Item #8.1.

SECTION SIX
Effective Date. This Ordinance shall take effect 30 days from its passage, and shall be published in accordance with the law, in a newspaper of general circulation published and circulated in the City of Calistoga.

SECTION SEVEN
Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law.

THIS ORDINANCE was introduced with the first reading waived at the City of Calistoga City Council meeting on the 10th day of September 2024, and was passed and adopted at a regular meeting of the Calistoga City Council on the xxth day of October by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Yudiana Galvan, CMC, City Clerk Donald Williams, Mayor
Dated:

Item #8.1.

1 Mobile Food Vending
City Council
September 10, 2024
Item #8.1.

2 Council Direction
At the meeting on August 20, 2024, council directed staff to:
§ Prohibit mobile food vending on Brannan St
§ Prohibit mobile food vending on Washington St between the Lincoln Ave intersection and Earl St
§ Allow mobile food vending in Logvy Park
§ Allow mobile food vending at the following Fairgrounds locations:

1. Main Fairground entrance adjacent to North Oak Avenue

2. Fairgrounds entrance adjacent to Grant Street
§ Establish a lottery process in the event that more than one vendor is interested in a specific vending location
Item #8.1.

3 Brannan Street Location
Item #8.1.

4 Washington Street Location
Item #8.1.

5 Fairground Locations
Item #8.1.

6 Logvy Park Location
Item #8.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City Clerk
Meeting: City Council - Sep 10 2024
Subject: Revising the Eligibility Requirements for Community Enrichment Grants DESCRIPTION:

Evaluating the current eligibility requirements and application questions for the Community Enrichment Grant Program
RECOMMENDATION:

Reach consensus about and direct staff to make any modifications to the Community Enrichment Grant program.

BACKGROUND/SUMMARY:

During the Regular City Council Meeting of 8/20, Council requested that staff put the Community Enrichment Grants on the next agenda for discussion. In 2002, the City Council of the City of Calistoga created the Community Enrichment Grant Program (Enrichment Grants) as a means of directly providing funding to non-profit activities, benefiting the community. Each year, the City Council adopts funding objectives used in the evaluation of grant requests.

A sub-committee consisting of two Councilmembers was established to evaluate the applications and proposals received, to make recommendations to the full Council for funding.

These are the current eligibility requirements:
 The Organization must have a Non-profit status
 The Program must demonstrate how it will address needs in the Community  The Organization cannot have received money for the same purpose from other City sources in the current Fiscal Year.
 Service must provide a benefit to:
o Elder Community
o Youth Community
o Enhance Community Appearance
o Expand Services to Entire Community
o Local Environmental Enhancements
o Priority will be given to innovative ideas that serve the community A sample of the current application is attached.

Item #8.2.

ANALYSIS:

Past Awarding:

FY 24-25
Brannan Center Project $10,000
Hearts and Hands Preschool $4,000
Rancho De Calistoga Garden Club $1,500
Rianda House $2,250
UpValley Family Center $10,000
Calistoga Art Center $2,500
FY 23-24
Brannan Center Project $5,000
Calistoga Art Center $2,500
Celebrate NV, 4th of July Parade $1,500
Wine Country Animal Lovers $2,500
Riana House $2,500
Hearts and Hands Preschool $6,000
Upstage NV Community Theatre $1,000
UpValley Family Center $6,000
FY 22-23
Brannan Center Project $10,000
Boys and Girls Club $3,000
Calistoga Art Center $4,000
Calistoga Rotary $4,935
Wine Country Animal Lovers $3,250
Rianda House $5,000
Soroptimist $1,680
UpValley Family Center $6,000
FY 21-23
Boys and Girls Club $5,000
UpValley Family Centers $5,000
Rancho De Calistoga Garden Club $1,250
Chamber for Tractor Parade $7,500
Calistoga Dog Park $1,000
Rianda House $2,000
Hearts and Hands Preschool $4,750
FY 20-24
Meals on Wheels - Community Action NV $3,500
Rancho De Calistoga Garden Club $500
Calistoga Art Center $1,500
Chamber for Tractor Parade In Kind
Brannan Center Project Permit Fees
Calistoga Cares - Food Bank $6,500
Calistoga Community Garden $1,000
Rianda House $1,500
Item #8.2.

Hearts and Hands Preschool $4,500
FINANCIAL IMPACT:

None
CEQA STATUS:

No Impact
ATTACHMENT(S):

CEG Application
APPROVAL(S):

Connie Cardenas, Admin. Services Director Approved - Aug 27 2024 Laura Snideman, City Manager Approved - Aug 29 2024
Yudiana Galvan, City Clerk Approved - Aug 29 2024
Item #8.2.

CITY OF CALISTOGA
FY 2023-24 COMMUNITY ENRICHMENT

GRANTS APPLICATION INSTRUCTIONS
Applications Due by:

Applicant Information: Please provide the requested information including name, address, phone, Federal Tax ID Number, and two contact names. Two contact names are required for the application to be considered complete. If an applicant does not have a Federal Tax ID Number, and their application is approved, a valid Social Security Number will be required prior to award of grant funding.

Amount of Grant Request: Enter the total cost of the proposed program, the dollar amount of City grant funds you are requesting, and amount of applicant provided support.

Eligibility Requirements: Both individuals and organizations are eligible to apply for grant funds.

The three basic requirements which must be met for an organization or activity to be eligible to apply for Enrichment Grants are:

1. The organization cannot have received money for the same purpose from other City sources for the current fiscal year.

2. The program must demonstrate how it will address a recognized need in the community.

3. The organization must have a non-profit status.

Program Description/Scope: The program description should describe the nature of the program, the benefits to the Calistoga community, and the projected percent of Calistoga residents served by the program (i.e., if the program only serves Calistoga residents, then this would be 100%). Please provide an implementation schedule for the program showing the timeline and activities required to implement the program. If this is an ongoing program for which you are requesting funds, describe how the program will be funded in the future without the City grant. Priority will be given to innovative ideas that serve the community.

Applicant Background: Provide the requested information on your organization. If available, please attach an organization chart.

Experience in Program Area: Provide information relating to the applicant’s and other employees’ experience in the program for which funds are being requested. Include the number of years providing similar services and the experience level of the individual(s). Provide any other information which would be useful to the reviewers in understanding your capabilities to provide the services for which the funds are requested.

Financial Capabilities/Budget: In addition to providing a detailed budget for the program request, please include:

1. A funding schedule (your request for the timing of disbursement of the funds).

2. The applicant information on current funding sources, and previous City funding received or requested within the past three years.

3. A detailed financial statement of the organization for the most current year.

Signatures: We require two contact names and their signatures.

Reporting Requirements: A report on how the funds were spent will be required to be filed with the City annually. Proof of program expenses are required to be held for two years during which time the City reserves the right to audit the records. Payment will not be made until the report and receipts showing proof of program expenses are received by the City.

Item #8.2.

1 of 4

CITY OF CALISTOGA
FY 2024-25 COMMUNITY ENRICHMENT

GRANT APPLICATION
Due by:

Submit by mail or email to: City Clerk, 1232 Washington Street, Calistoga, CA 94515 or [email protected]
Name of the Program: ________________________________________________________ Name of Applicant/Organization: ________________________________________________ Address: __________________________________________________________________ Phone: _________________________ FAX _________________________ Contact 1 Contact 2
Name: _____________________________ Name: _____________________________ Phone: _____________________________ Phone: _____________________________ Email: ______________________________ Email: ______________________________ Non-Profit Corporation Designation: ________________________________________ Federal Tax ID or Social Security* Number: __________________________________ (*required prior to award of grant funding) Total Cost of Proposed Program: $ _____________________ Amount of Grant Request*: $ _____________________
(*This amount should include the value of any requested City fee or permit waivers and/or estimated staff time) Amount of Applicant Provided Support*: $ _____________________ (*This amount should include the value of any volunteer time or contributions from other sources) Eligibility Requirements
Yes No
 
 

1. Have you or will you be receiving funding in Fiscal Year 2023-24 for this program from other City sources?

2. Are you aware of any other City program providing this service? If so, which one? _________________________________
Item #8.2.

2 of 4
Program Description/Scope
(please use additional pages if necessary)
Describe your program: _______________________________________________________ __________________________________________________________________________ __________________________________________________________________________ _________________________________________________________________________ How will this program benefit the Calistoga Community? How will the program address the following City Council’s adopted Enrichment Objectives?
“Will the activity or program…”:

1. Provide services to the elder community?

2. Provide services to youth in the community?

3. Expand services to members of the entire community?

4. Provide community specific environmental enhancements?

5. Enhance the appearance of the community?

6. Priority will be given to innovative ideas that serve the community __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Funding Request
Identify the funding type requested and the proposed use of funds.  Cash
 In-kind funding (fee waivers, staff time cost waiver, rental fee waivers, etc.) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ How many Calistoga Residents will be served by this program? ______ If you have received CEG funding last year, please share how many residents/participants benefitted from your program and any successes that you feel make your program standout? __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Item #8.2.

3 of 4
Applicant Background
This applicant is a (an):
 Non - Profit  Tax Exempt  Other_____________
 Local Public Agency  State or another Public Agency
Years in Business or providing this program: _______________ Number of Employees: ___________
Number of Volunteers: ___________
(Please attach an organization chart, if available)
Names of all Officers and Board of Directors
Name Position in Organization Contact Number
Experience in Program Area
__________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Previous City funding received or requested in the past three years __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ (Please attach a budget for program request including funding schedule) Reporting Requirements
A report on how the funds were spent is required to be filed with the City annually, or when funds are spent, whichever comes first. The report and proof of program expenses is required before payment can be made. Proof of program expenses are required to be held for two years during which time the City reserves the right to audit the records.

We agree to adhere to the reporting requirements described above.  Yes  No Item #8.2.

4 of 4
Certification
We, the undersigned, do hereby attest that the above information is true and correct to the best of our knowledge. (Two signatures required)
____________________________ __________________________ ____________ Signature Title Date ____________________________ __________________________ ____________ Signature Title Date Item #8.2.