DRAFT TOBACCO RETAIL LICENSE ORDINANCE
CRESCENT CITY MUNICIPAL CODE
TITLE 8 HEALTH AND SAFETY
CHAPTER 8.36 REGULATION OF TOBACCO RETAILERS
8.36.010 Authority.
This chapter is enacted pursuant to the powers invested in the City Council by Section 7 of Article IX of the California Constitution to make and enforce regulations not in conflict with the general laws of the State of California.
8.36.020 Purpose.
It is the purpose of this Chapter to protect the health, safety and welfare of the adults and children of the City of Crescent City through strong and effective regulatory controls on the sale and advertisement of Tobacco Products.
8.36.030 Definitions.
A. “City” means the City of Crescent City, California.
B. “CDTFA” means the California Department of Tax and Fee Administration.
C. “Person” means any individual, firm, partnership, joint venture, limited liability company association, social club, fraternal organization, corporation, estate, trust, business, trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.
D. “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.
E. “Tobacco Product(s)” means a tobacco product as defined in Section 104495 of the California Health and Safety Code, as that provision may be amended from time to time.
F. “Tobacco Retailer” means a Person who engages in the sale of Tobacco Products directly to the public from a retail location within the corporate limits of the City. “Tobacco Retailer” includes a Person who operates vending machines from which Tobacco Products are sold.
G. “Tobacco Retail License” means a license to sell Tobacco Products issued by the City of Crescent City pursuant to this Chapter.
8.36.040 Tobacco Retail License Required.
A. LICENSE REQUIRMENT. Effective July 1, 2023, every Person acting as a Tobacco Retailer, advertising Tobacco Products, or maintaining Tobacco Products in public view, is
required to obtain and maintain a valid Tobacco Retail License for each location at which any of the above activities is to occur.
B. ELIGIBLE APPLICANTS. Only Tobacco Retailers in business as of March 20, 2023 are eligible to apply for a Tobacco Retail License.
C. LICENSE NON-TRANSFERABLE. Tobacco Retail Licenses are non-transferable between Persons or locations. Upon a change in ownership of a Tobacco Retailer, the Tobacco Retail License will automatically terminate. For purposes of this section, any change in majority control of a corporation, partnership, limited liability company, or other legal entity constitutes a change in ownership.
D. PHARMACIES NOT ELIGIBLE. A Tobacco Retail License may not issue to a Person for any location or business that contains a Pharmacy.
E. APPLICATION REQUIREMENTS. A Tobacco Retail License is a conditional, revocable permit issued ministerially that will be issued to any Tobacco Retailer that is eligible to apply and:
1. Submits an application on the form provided by the City. The application must include, at a minimum, the following information and documentation:
a. The name and location of the Tobacco Retailer.
b. The name and address of the owner of the Tobacco Retailer. c. A copy of the Tobacco Retailer’s City business license. d. A copy of the Tobacco Retailer’s CDTFA tobacco license. e. A statement that the applicant consents to entry into all areas of the retail premises for the purposes of inspection of enforcement by local or state officials for the purpose of inspection and enforcement during all hours of operation, without advance notice.
f. A statement certifying that the Tobacco Retailer has not been cited for a violation of any state or federal law, or any provision of the Crescent City Municipal Code, within the preceding 60-day period preceding the filing of the application.
2. Pays the application fee as set by resolution of the City Council from time to time.
The fee will be calculated to recover the costs of administration and enforcement of this Chapter.
3. Pays any outstanding fees, taxes, or penalties owed to the City of Crescent City.
F. CONDITIONS OF LICENSE. A Tobacco Retailer that obtains a Tobacco Retail License under this Chapter must maintain a valid City business license and a valid CDTFA tobacco retail license as a condition of the Tobacco Retail License.
G. DISPLAY OF LICENSE. The Tobacco Retail License must be prominently displayed in a publicly visible location at the location of the Tobacco Retailer.
H. TERM OF LICENSE. A Tobacco Retail License is valid for one year and may be renewed each year upon payment of a renewal fee set by resolution of the City Council from time to time.
I. VIOLATIONS. The violation of any provision of this Chapter, or any state or federal law related to the marketing, sale, or distribution of Tobacco Products will result in the issuance of an administrative citation pursuant to Chapter 1.24 of Title 1 of this Code.
J. SUSPENSIONS AND REVOCATIONS. A Tobacco Retail License will be automatically suspended for 60 days upon the issuance of an administrative citation as described in paragraph I, after the appeal period has passed; if an appeal is filed, the suspension will be stayed pending final decision on the appeal of the citation. A Tobacco Retail License will likewise by suspended for 90 days for a second violation within 5 years of the first violation and for 120 days for a third violation within 5 years of the first violation. Upon a fourth violation within 5 years of the first violation, the Tobacco Retail License will be permanently revoked.
8.36.050 Tobacco Advertisement Restrictions.
A. No Person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of Tobacco Products on an advertising display sign in a publicly visible location within 500 feet of the perimeter of an elementary or secondary school, high school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), child daycare facility as defined in Health and Safety Code Section 1596.750, public community center or public library.
B. No Person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of Tobacco Products or any display containing Tobacco Products within 5 feet of toy, candy, snack or non-alcoholic beverage displays. This advertising restriction does not apply to Tobacco Retailers that restrict access to the premises to persons of 21 years of age or older.
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: APRIL 3, 2023
SUBJECT: BORDER COAST REGIONAL AIRPORT AUTHORITY REQUEST FOR
FUNDS FOR RUNWAY REHABILITATION PROJECT
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Consider BCRAA request for $77,000 contribution to the Airport’s Runway 18- 36 Rehabilitation Project; take action as necessary and appropriate
BACKGROUND
The Boarder Coast Regional Airport Authority is a joint powers authority made up of the following entities: Del Norte County (CA), Crescent City (CA), Brookings (OR), Curry County (OR), Tolowa Dee-ni’ Nation (Tribe) and Elk Valley, Rancheria, California (Tribe).
The Authority was created to manage the region’s only commercial airport - Del Norte County Airport (Jack McNamara Field). This airport accommodates commercial passenger transportation, emergency air ambulance services, and private shipping services (FedEx and UPS).
ITEM ANALYSIS
At the March 20, 2023 City Council meeting, Airport Director Ryan Cooley made a presentation to the City Council regarding grant match funds needed for the Airport’s Runway 18-36 Rehabilitation Project. The Airport has two runways. Runway 12-30 is the primary runway and runs NW to SE. Runway 18-36 is the alternate runway that runs NE to SW and used primarily when the wind direction makes it difficult to land on the primary runway.
The Authority is planning a rehabilitation project for Runway 18-36 in FY 23-24. The Airport’s most recent Pavement Maintenance & Management Plan rates the condition of
BCRAA FUNDING REQUEST
April 3, 2023
2 Runway 18-36 as between Poor to Fair. As presented by Airport Director Cooley, the rehabilitation of this pavement is critical to ensuring safe, operable surface for aircraft to take off and land on. If the pavement is not repaired, the aging pavement will fail, causing further cracking, foreign object debris and other hazards for aircraft. Runway lights will also be updated to LED lighting, which will save on energy and maintenance costs.
Construction is scheduled for late Spring or early Summer of 2024.
Construction costs for the project are estimated to be $8 to 9.2 million. The project will be 95% grant funded, leaving the Authority with a 5% local matching funds requirement of $400,000 to 460,000. The Airport Director is requesting that all member entities contribute an equal amount or $77,000 toward the Airport’s local match requirement. These funds could be contributed all in FY 23-24 or as a combination in FY 23-24 and FY 24-25.
Airport Director Cooley requests a commitment prior to May so that the Airport and the County can take any contribution into account while preparing their budgets for the upcoming fiscal year.
FISCAL ANALYSIS
Any funds contributed to BCRAA for the runway project will be an expense to the City’s General Fund in the affected fiscal years as directed by the City Council. Staff is currently preparing for the next budget workshop to be held in May but does not have updated budget projections available at this time. As discussed in the March 6, 2023 staff report for the FY 22-23 midyear budget update, midyear projections showed an estimated unallocated fund balance (General Fund balance remaining apart from Measure S set aside funds and required reserve) at the end of the current fiscal year to be $287,632.
The actual fund balance will depend on how closely revenues and expenditures align with the budget.
STRATEGIC PLAN ANALYSIS
This action is consistent with the following Strategic Plan Goals and Objectives:
GOAL 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors;
A. Enhance collaboration with other agencies and the commit to better aid the public;
B. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs;
C. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities
ATTACHMENTS
• None.