Crescent City Ordinance No. 837 Page 2
17.35.020 Applicability.
An ADU or JADU complying with this Chapter meets the lot density requirements of this Code and constitutes an accessory to a primary use consistent with applicable land use designations in the existing general plan and the zoning designations for the affected districts. Any local ordinance, policy, or program limiting residential growth is inapplicable to ADUs and JADUs complying with this Chapter.
17.35.030 Definitions.
For purposes of this chapter, the words and phrases listed below have the following meanings:
A. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following (so long as they otherwise comply with this Chapter):
1. An efficiency unit.
2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.
B. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
C. “Connection fee” means those fees established pursuant to Government Code Section 66013(a).
D. “Deed restriction” means a document executed and recorded with the County Recorder’s Office which places restrictions on the use or transfer of the subject property and is binding upon all future owners of the subject property.
E. “Efficiency unit” means a unit occupied by no more than two people with a minimum floor area of 150 square feet, which may also have partial kitchen or bathroom facilities, including enclosed uses such as an attached garage.
F. “Impact fee” has the same meaning as the term “fee” as defined in Section 66000(b) of the Government Code, except that it includes fee specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge imposed by a local agency or special district.
G. “Junior accessory dwelling unit” or “JADU” means a unit entirely within an existing or proposed dwelling unit that is no more than 500 square feet and no less than 150 square feet.
H. “Living area” means the interior habitable area of a dwelling unit, including finished basements and attics, but not including garages or unfinished basements or attics.
I. “Multifamily dwelling” means a structure with two or more attached residential dwellings on a single lot, specifically excluding hotels and motels.
J. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
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K. “Primary dwelling” means the single-family or multi-family dwelling to which the ADU or JADU is an accessory.
17.35.040 ADU Development Standards – Generally.
A. Principal Permitted Use. ADUs that comply with the provisions of this Chapter in all respects are a principal permitted use in any non-coastal zoning district that principally or conditionally permits residential uses.
B. Uniform Codes. All ADUs must comply with all applicable building and fire codes, state habitability requirements, and health and safety codes, unless where explicitly exempted by Sections 65852.2 of the Government Code.
C. Solar Energy. An ADU is only subject to the California Energy Code requirement to provide a solar energy system if it qualifies as one of the following:
1. A new construction, non-manufactured, detached ADU; or
2. An attached ADU constructed with the construction of a new single-family dwelling.
D. Minimum Size. All ADUs must be at least 150 square feet.
E. Fire Sprinklers. No ADU will be required to install fire sprinklers in the ADU unless they are required of the primary dwelling. The construction of an ADU does not trigger the requirement for fire sprinklers to be installed in an existing primary dwelling.
F. Septic. If a proposed ADU is planned to use an onsite wastewater treatment system (OWTS), then prior to issuance of the building permit, the applicant must submit certification from the Del Norte County Health Department stating that the existing OWTS is of adequate size and condition to support projected sewage flow for both the primary dwelling and the proposed ADU. If the capacity or condition of the existing OWTS is found to be inadequate to serve the existing dwelling and the proposed ADU, then the OWTS must be replaced or upgraded to meet current standards, at the sole expense of the applicant. A percolation test completed within the last five years, or if the percolation test has been recertified, within the last 10 years, may be required.
G. Public Improvements. ADUs are exempt from any requirement to make street and/or sidewalk improvements.
H. Nonconforming Conditions. The issuance of a permit to create an ADU may not be denied due to existing nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit.
I. Parking. There will be no off-street parking requirements for ADUs. If existing off-street parking is lost due to the conversion of an existing garage or carport, then replacement off-street parking is not required.
J. Permanent Foundations. All ADUs must have a permanent foundation. A recreational vehicle, commercial coach, trailer, motor home, camper, camping trailer, or boat cannot be used as an ADU.
K. SB 9 Lot Split. If a property owner in a single-family residential zone obtains approval of a lot split pursuant to Senate Bill 9, any existing or proposed ADU or JADU shall count Crescent City Ordinance No. 837 Page 4
toward the maximum of two units allowed on each lot resulting from the lot split. The ADU must remain with the primary dwelling.
L. Short-Term Rentals Prohibited. The use of any ADU as a short-term rental (30 days or less) is prohibited.
17.35.050 Attached ADU Development Standards.
A. Application. This section applies to ADUs that are built outside the walls of the existing or proposed single-family dwelling but that is physically attached to the existing or proposed single-family dwelling. These units are referred to as “attached ADUs.” B. Size. The total floor area of an attached ADU may not exceed 50% of the floor area of the existing or proposed single-family dwelling up to 1200 square feet; provided, however, that a total floor area of 850 square feet shall be allowed for an ADU with 0-1 bedrooms and a total floor area of 1000 square feet shall be allowed for an ADU with 2 or more bedrooms.
C. Setbacks. Side and rear yard setbacks for an attached ADU are four feet. Setbacks may be required to be greater than four feet if necessary to comply with any recorded utility easement or other previously recorded setback restrictions. Front yard setbacks for the applicable zoning district apply to an attached ADU. However, if the front yard setback does not allow for the creation of an 800 SF attached ADU, then the front setback shall not apply to the extent necessary to allow for the creation of an 800 SF attached ADU.
D. Height. The maximum height allowed for an attached ADU is 25 feet or the applicable zoning height limitation, whichever is lower.
E. Separate Entrance. The attached ADU must have a separate exterior entrance from the primary dwelling.
17.35.060 Detached ADU Development Standards.
A. Application. This section applies to ADUs on a lot with an existing or proposed singlefamily residence dwelling that are new construction and not physically attached to the primary dwelling nor a conversion of existing space in an accessory structure. These units are referred to as “detached ADUs.”
B. Size. The total floor area for a detached ADU may not exceed 1200 square feet.
C. Location. Detached ADUs shall be located at least 5 feet from any other building.
D. Setbacks. Standard rear and side yard setbacks for detached ADUs are four feet.
Setbacks may be required to be greater than four feet if necessary to comply with any recorded utility easement or other previously recorded setback restrictions. Front yard setbacks for the applicable zoning district apply to detached ADUs. However, if the front yard setback does not allow for the creation of an 800 SF detached ADU, then the front setback shall not apply to the extent necessary to allow for the creation of an 800 SF detached ADU.
E. Height. The maximum height for a detached ADU on a lot with an existing or proposed single-family residence or multi-family, single story building is 16 feet. The maximum height for a detached ADU on a lot with an existing or proposed multifamily, multistory Crescent City Ordinance No. 837 Page 5
building is 18 feet. In addition to the applicable height limitation, an additional two feet will be allowed to accommodate a roof pitch on the ADU so that it is aligned with the roof pitch of the primary dwelling unit.
F. Utilities. Notwithstanding any provisions to the contrary, all utilities for a detached ADU must be installed underground.
17.35.070 Statewide Exemption ADU.
A. Definition. An ADU that meets one the following standards is a statewide exemption ADU:
1. Statewide Exemption ADU – Type 1.
i. One ADU within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure per lot. ii. The ADU may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress.
iii. The ADU has exterior access separate from the proposed or existing single-family dwelling.
iv. The side and rear yard setbacks must be sufficient for fire and safety.
2. Statewide Exemption ADU – Type 2.
i. One detached, new construction ADU that does not have less than fourfoot side and rear yard setbacks for a lot with a proposed or existing singlefamily dwelling. The ADU shall have a floor area of no more than 800 square feet and a maximum height of 16 feet.
3. Statewide Exemption ADU – Type 3.
i. Multiple ADUs within the portions of an existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basement, or garages, if each unit complies with state building standards for dwellings. Each multifamily dwelling structure will be allowed at least one ADU and up to 25% of the existing multifamily dwelling units.
4. Statewide Exemption ADU – Type 4.
i. Not more than two detached ADUs (maximum 800 SF each with four -foot side and rear setbacks) on a lot that has an existing or proposed multifamily dwelling that are a maximum height of 18 feet and has rear yard and side yard setbacks of four feet. An additional two feet will be allowed to accommodate a roof pitch on the ADU so that it is aligned with the roof pitch of the primary dwelling unit.
B. Front Yard Setbacks. Front yard setbacks for the applicable zoning district apply to a statewide exemption ADU; provided that if said front yard setback would preclude the creation of a statewide exemption ADU Type 1 or 2, the project will be exempted from the applicable set back to the extent necessary.
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C. Exemptions. No lot coverage, floor area ratio, open space, minimum lot size, lot location, or other local design standard may preclude the construction of a statewide exemption ADU. A statewide exemption ADU will be automatically exempted from those standards to the extent necessary.
D. Solar Energy. New construction, non-manufactured, detached ADUs are subject to the California Energy Code requirement to provide solar systems. Per the California Energy Commission (CEC) the solar systems can be installed on either the ADU or the primary dwelling unit.
17.35.080 Junior ADU Development Standards.
A. Principal Permitted Use. JADUs that comply with the provisions of this Chapter in all respects are a principally permitted use in any non-coastal zoning district that principally permits single-family dwellings, and the lot contains an existing single-family dwelling or proposed single-family dwelling. Only one JADU per residential lot zoned for single-family dwellings is allowed.
B. Size. JADUs may be no smaller than 150 square feet and no larger than 500 square feet.
The JADU must be constructed entirely within the walls of the existing or proposed primary dwelling.
C. Separate entrance. The JADU must have a separate entrance from the main entrance to the primary dwelling.
D. Efficiency kitchen. Each JADU must have an efficiency kitchen which includes a cooking facility with appliances, a food preparation counter, and storage cabinets that are of reasonable size in relation to the size of the JADU.
E. Sanitation Facilities. The JADU must either have its own sanitation facilities or access to the sanitation facilities within the primary dwelling. If the JADU does not have its own sanitation facilities, then it must have an interior access door from the JADU to the primary dwelling.
F. Owner-occupancy requirement. Either the primary dwelling or the JADU must be occupied by the property owner, unless the property owner is a governmental agency, land trust, or housing organization.
G. Parking. The creation of a JADU does not trigger any off-street parking requirements.
H. Uniform Codes. All JADUs must comply with all applicable building and fire codes, state habitability requirements, and health and safety codes, unless where explicitly exempted by Sections 65852.22 of the Government Code.
I. Fire Sprinklers. No JADU shall be required to install fire sprinklers in the JADU, unless they are required of the primary dwelling.
J. Utilities. No separate connection to water and sewer utilities is required for a JADU.
JADUs are exempt from any requirement to underground overhead utilities.
K. Public Improvements. JADUs are exempt from any requirement to make street and/or sidewalk improvements.
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L. Nonconforming Conditions. The issuance of a permit to create a JADU may not be denied due to existing nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit.
17.35.090 Number of Accessory Dwelling Units Per Lot.
A. Single-Family Dwelling. Lots with one or more proposed or existing single-family dwelling(s) may have the following maximum number of units:
1. One JADU; and
2. One non-exempt ADU; or
3. One Statewide Exemption ADU Type 1 and one Statewide Exemption ADU Type 2; or
4. One Statewide Exemption ADU Type 1, one Statewide Exemption ADU Type 2, and one non-exempt ADU if the non-exempt ADU was built before either Statewide Exemption ADU.
B. Multifamily Dwelling. Lots with an existing or proposed multifamily dwelling may have the following maximum number of units as applicable:
1. Statewide Exemption ADU – Type 3; and
2. Statewide Exemption ADU – Type 4.
17.35.100 Permit Issuance Procedure.
A. Permit Required. A planning permit to construct an ADU or JADU pursuant to this Chapter is required.
B. Ministerial Review Process. A planning permit application for an ADU or a JADU shall be considered and approved ministerially if it complies with the provisions of this chapter.
If there is an existing primary dwelling on the lot, then the permit application shall be either approved or denied within 60 days from the date the City receives a complete application.
If the permit application for an ADU or a JADU is submitted with a permit application to construct a new primary dwelling on the lot, then the City may delay approving or denying the permit application for the ADU or JADU until the permit application to construct the new primary dwelling is approved or denied. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
C. Denials. If the City denies an application for an ADU or JADU, then the City must, within the time period described in paragraph A., return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
D. Demolition Permits. If a detached garage is to be demolished and replaced with a detached ADU, then the demolition permit must be reviewed at the same time as the application for the ADU and issued at the same time. The applicant may not be required Crescent City Ordinance No. 837 Page 8
to provide written notice of demolition or to post a demolition notice placard for the demolition of the detached garage to be replaced with a detached ADU.
E. Variance. If a property owner desires to construct an ADU that is in excess of the size, height, setback, lot coverage, or building spacing requirements, the property owner may apply for a variance under Chapter 17.56.
17.35.110 Certificate of Occupancy.
A. Accessory Dwelling Units. Prior to the issuance of a certificate of occupancy for an ADU, the following must occur:
1. A certificate of occupancy has been issued for the primary dwelling.
2. A deed restriction, which shall run with the land, has been executed and recorded with the County Recorder of Del Norte County and includes the following terms:
i. A prohibition on the sale or transfer of the ADU separately from the primary dwelling unless the transaction complies with Section 65852.26 of the Government Code.
ii. A prohibition on the use of the ADU as a short-term rental (30 days or less); provided that this restriction shall be null and void upon an amendment to the municipal code specifically allowing for short-term rentals in ADUs as applicable.
iii. The deed restriction shall be in a form approved by the City Attorney.
B. Junior Accessory Dwelling Unit. Prior to the issuance of a certificate of occupancy for a JADU, the following must occur:
1. A certificate of occupancy has been issued for the primary dwelling.
2. A deed restriction, which shall run with the land, has been executed and recorded with the County Recorder of Del Norte County, and include the following terms:
i. A prohibition on the sale or transfer of the JADU separately from the singlefamily residence primary dwelling, including a statement that the deed restriction may be enforced against future purchasers.
ii. A restriction on the size and attributes of the JADU that conforms with Government Code Section 65852.22.
iii. The deed restriction shall be in a form approved by the City Attorney.
17.35.120 Applicable fees.
A. Utility Connection Fees.
1. An ADU is not considered a new residential use for purposes of calculating connection fees for utilities, including water and sewer service.
2. The ADU owner will not be required, but will be allowed, to install a separate connection directly to water and sewer utilities.
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3. Except for ADUs that are created from existing space in either the primary dwelling or an accessory structure, the ADU owner will be required to pay proportional connection fees for sewer and water utility service. The proportional fee will be determined based upon the square footage of the ADU compared to the square footage of the living space of the primary dwelling.
4. A JADU owner will not be charged a separate utility connection fee separate and apart from the primary dwelling, including connection fees for water and sewer service.
5. The JADU owner will not be required to install a separate connection directly to water and or sewer utilities.
B. Impact Fees.
1. ADUs that are 750 square feet or smaller are exempt from impact fees.
2. ADUs that are larger than 750 square feet are subject to impact fees proportionate to the primary dwelling based on square footage.
3. JADUs are not subject to impact fees.
17.35.130 Non-Compliant ADUs
A. Compliance Required.
1. ADUs built or created prior to January 1, 2018, without a use permit, are required to obtain an ADU permit post-construction. Such ADUs must be inspected by the City Building Official for compliance with Building Code standards and all applicable health and safety regulations. As a condition of obtaining a postconstruction permit, the City may require the correction of violations only if, in the opinion of the Building Official, it is necessary to protect the health and safety of the public or the occupants or if the building is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
2. ADUs built or created after January 1, 2018, but before the effective date of this chapter, without a use permit, are required to obtain an ADU permit postconstruction. Such ADUs must be inspected by the City Building Official for compliance with the Building Code, this Chapter, and all applicable health and safety regulations. As a condition of obtaining a post-construction permit, the ADU owner must make any necessary modifications to comply with those with those requirements.
3. ADUs built or created after January 1, 2018, but before the effective date of this chapter, that cannot meet all the development standards of this Chapter may be granted a variance per Chapter 17.56, if the Planning Commission finds that all feasible measures were implemented, and health and safety will not be compromised.
B. Enforcement Proceedings. ADUs described in paragraph A for which an ADU permit is not obtained post-construction nor is an exception by way of a variance obtained from the Planning Commission, will be subject to nuisance abatement proceedings and all other legal remedies available to the City.
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C. Notice of Right to Request a Delay in Enforcement. In any notice to correct a violation or abate a nuisance based upon the failure of an ADU to meet development standards as described in paragraph A, the City must notify the owner that they have a right to request a delay in enforcement if the ADU was constructed prior to January 1, 2020.
D. Request to Delay Enforcement. The owner of the ADU may request that enforcement of the violation be delayed for five years on the basis that the correcting violation is not necessary to protect health and safety. This request shall be made in writing and in the manner prescribed by the City.
E. Granting a Request for Delay in Enforcement. Requests to delay enforcement will be granted only if the City determines that correcting the violation is not necessary to protect health and safety. In making this determination the City staff shall consult with the Building Official and the Fire Chief regarding health and safety concerns.
F. Deadline for Approving Requests. No applications for a delay in enforcement may be approved on or after January 1, 2030. Any delay that was approved prior to January 1, 2030, however, will be valid for the full term of the delay that was approved at the time of the initial approval of the application.
17.35.140 Compliance with State Law.
To the extent any provision of this Chapter is inconsistent with state law governing ADUs or JADUs, the applicable state law, as amended from time to time, shall govern.
17.35.150 Violations.
Violations of this chapter are subject to all legal remedies available to the City, including but not limited to nuisance abatement proceedings, administrative citations, civil proceedings, and criminal citations.
[END TEXT AMENDMENT]
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Public Resources Code Section 21080.17 (local regulations implementing Gov. Code Section 65852.2 and 65852.22).
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SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
INTRODUCED at a meeting of the City Council of the City of Crescent City held on August 7, 2023.
PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this 5th day of September 2023 by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Isaiah Wright, Mayor
ATTEST:
Robin Altman, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
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: SEPTEMBER 5, 2023
SUBJECT: TOBACCO RETAIL LICENSE ORDINANCE INTRODUCTION
______________________________________________________________________
RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Council discussion
• Introduce, waive full reading, and read by title only, Ordinance No. 835, an Ordinance of the City Council of the City of Crescent City Amending the Crescent City Municipal Code by adding Chapter 8.36, Regulation of Tobacco Retailers, to Title 8, Health and Safety
BACKGROUND
At the March 20, 2023 City Council meeting, the Council directed staff to bring back a draft tobacco retail license ordinance for consideration. The contents of the ordinance were to mirror the contents of the County’s ordinance. City staff brought a draft ordinance for City Council consideration to the April 3rd meeting.
At the April 17, 2023 meeting, staff presented an updated tobacco retail license to the City Council for consideration and introduction. The Council received public comment from concerned business owners regarding (1) the non-transferability of the license and how that would affect the value of their business; and (2) the lack of communication between the Council and the local business owners. Having heard this concern, the City Council directed that staff set up a workshop where the City Council and the local tobacco retailers could discuss the contents of the ordinance in more depth in a forum that allows for more back and forth than a regular council meeting.
City Clerk Robin Altman reached out to all tobacco retailers within the City to invite them to the Tobacco Retail License Workshop to be held on August 14, 2023. At that meeting, staff gave a presentation of how the City Council arrived at the point of considering a ORDINANCE NO. 835
September 5, 2023
2 tobacco retail license ordinance – the health consequences of smoking in terms of lives lost and dollars spent; the impact of tobacco advertising on children; the complex web of state and federal laws as well as “master” settlement agreements between states and tobacco companies. Several representatives from various local tobacco retail businesses were in attendance. Following a robust back and forth with those persons in attendance, the City Council directed staff to include the following changes to the draft ordinance:
1. No fees are to be charged for issuing or renewing a license;
2. Staff to focus on education and voluntary compliance, not enforcement/fines;
3. A retailer shall not be given a city citation for a violation if they already received a state citation;
4. In the event of a transfer of a business, the City must be notified.
ITEM ANALYSIS
The proposed ordinance included with this staff report contains the provisions contained in the draft ordinance presented at the April 17th meeting with the following Councildirected modifications made at the workshop held on August 14th:
• No application or renewal fees
• License is valid once issued until revoked, relinquished or transferred to a new owner of the same business
• If a tobacco retailer is cited by another agency for a violation, the City will not also issue a citation; a citation may be issued if the violation continues or reoccurs • Emphasize that the City’s philosophy is to obtain voluntary compliance through education, not fines and suspensions
• Other minor clarifications
• Note: Date changes for eligible tobacco retailers (Sept. 5, 2023) and date a tobacco retail license will be required (Jan. 1, 2024)
If the ordinance is introduced this evening, then it will be brought back for adoption at the first City Council meeting in October. The ordinance will take effect 30 days after its adoption. The license requirement specifically does not go into effect until January 1, 2024. This will ensure that local businesses have plenty of time to obtain their tobacco retail license after the effective date of the ordinance.
FISCAL ANALYSIS
There will be staff time and costs associated with the publication of the ordinance, processing licenses, administration, enforcement and oversight. The City Council directed that no fees be collected as part of the licensing program. However, it is hoped that the program will consist of voluntary compliance and the need for enforcement actions will be minimal.
STRATEGIC PLAN ANALYSIS
ORDINANCE NO. 835
September 5, 2023
3 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; (F) Incorporate health considerations into decision-making.
ATTACHMENTS
1. Proposed Ordinance No. 835
_____________________________________________________________________________________ City of Crescent City Ordinance No. 835 Page 1 of 11
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CRESCENT CITY MUNICIPAL CODE BY ADDING CHAPTER 8.36, REGULATION OF TOBACCO RETAILERS, TO TITLE 8, HEALTH AND SAFETY WHEREAS, the City of Crescent City is a general law city incorporated under the laws of State of California in 1854; and
WHEREAS, the City Council has authority to adopt local ordinances to protect public health and safety that are not in conflict with the general laws of this State as set forth in Section 7 of Article IX of the California Constitution; and
WHEREAS, 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, to protect the health, safety, and welfare of our residents; and WHEREAS, 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;
1 and
WHEREAS, the World Health Organization (WHO) estimates that tobacco kills 8 million people and causes over 1.4 trillion dollars in economic damage each year;2 and WHEREAS, 5.6 million of today’s Americans who are younger than 18 are projected to die prematurely from a smoking-related illness;3 and
WHEREAS, tobacco use is the number one cause of preventable death in California4 and continues to be an urgent public health issue, as evidenced by the following:
• 40,000 California adults die from their own smoking annually;5 • More than 25% of all adult cancer deaths in California are attributable to smoking;6 • Smoking costs California $13.3 billion in annual health care expenses, $3.6 billion in Medicaid costs, and $10.35 billion in smoking-caused productivity losses;7 1 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. 2 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. 3 See FN 1.
4 California Department of Public Health, California Tobacco Control Program. The #1 Preventable Cause of Death. http://tobaccofreeca.com/other-tobacco-products/the-number-1-preventable-cause-of-death. Accessed May 12, 2020.
5 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. 6 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: 0.1001/jamainternmed.2016.6530. 7 Campaign for Tobacco-Free Kids. The Toll of Tobacco in California. _____________________________________________________________________________________ City of Crescent City Ordinance No. 835 Page 2 of 11
• 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 (COPD) in the United States;8 and WHEREAS, tobacco use among minority 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;10
• Smoking is more prevalent among rural (14.9%) compared to urban (10.6%) Californians;11
• Californians with the highest levels of educational attainment and annual household income have the lowest smoking prevalence;12
• Adults who identify as lesbian, gay, bisexual or transgender report smoking at a higher rate (17.4%) than the statewide average (11.0%);13
• Those who reported experiencing psychological distress in the past month smoke at rates (26.7%) higher than the statewide average (11.0%);14
WHEREAS, 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 the age of 26;15 • In California, from 2017 to 2018, approximately 13% of high school students reported using tobacco;16
• Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Island youth;17 https://www.tobaccofreekids.org/problem/toll-us/california. Accessed May 12, 2020. 8 See FN 1.
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/ResearchandEvaluatio n/FactsandFigures/CATobaccoFactsandFigures2019.pdf.
10 See FN 9.
11 See FN 9.
12 See FN 9.
13 See FN 9.
14 See FN 9.
15 California Tobacco Control Program. California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluatio n/FactsandFigures/2016FactsFiguresWeb.pdf.
16 See FN 9.
17 See FN 9. Lathrop, CA 95330
_____________________________________________________________________________________ City of Crescent City Ordinance No. 835 Page 3 of 11
• Unless smoking rates decline, an estimated 441,000 of all California youth who are alive today will die prematurely from smoking-related diseases;18 • In 2017, 22.8% of high school students in California had tried cigarette smoking;19 • Between 2014 and 2018, electronic smoking device use among California youth increased from 14.1% to 46.2%;20
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting,21 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;22 • 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”;23 • The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents;24
WHEREAS, 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;25
• 19.1% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018;26
• In 2020, in response to complaints of tobacco be sold or otherwise supplied to minors, the Del Norte Sheriff’s Office conducted a decoy survey during which 1 out of 6 of tobacco retailers sold tobacco to a minor;27
WHEREAS, 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 18 See FN 5.
19 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. Available at:
https://www.cdc.gov/healthyyouth/data/yrbs/pdf/2017/ss6708.pdf. 20 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. 21 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). 22 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. Available at:
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1447481.
23 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. 24 See FN 7.
25 See FN 19.
26 See FN 9.
27 David Hayes, Sheriff’s office tobacco sting clears five of six businesses, THE TRIPLICATE, March 10, 2020. _____________________________________________________________________________________ City of Crescent City Ordinance No. 835 Page 4 of 11
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 $595,870 in sales per store;28
• Systematic scientific reviews indicate that merchant compliance with youth tobacco sales laws reduces the rate of tobacco use among adolescents;29 • 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;30
• 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;31 WHEREAS, the health of effects of non-cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that show that noncigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens;32
WHEREAS, unlike cigarette use that has steadily declined among youth, the prevalence of the use of non-cigarette tobacco products has increased among California youth;33 28 National Association of Convenience Stores. Convenience Stores and Their Communities. 2019. Available at:
https://www.convenience.org/Topics/CommunityToolkit/How-Stores-Work. 29 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; 21 U.S.C. § 387g(a)(1)(A). 30 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-synretailer-2010.pdf; 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-health-implications-of-raising-the-minimum-age-of-legal-access-totobacco-products. 31 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. 32 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; National Cancer Institute. Cigar Smoking and Cancer. 2010; https://www.cancer.gov/about-cancer/causes-prevention/risk/tobacco/cigars-fact-sheet.
Accessed July 13, 2018; 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; 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; National Cancer Institute. Monograph 2: Smokeless Tobacco or Health: An International Perspective. 1992; 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; 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. 33 See FN 9.
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WHEREAS, 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;34
WHEREAS, pharmacies sell cigarettes cheaper than other stores35 and advertise tobacco product discounts more than other stores in California;36
WHEREAS, 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, 37 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;38 WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day,39 particularly in neighborhoods experiencing poverty;40
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates41 and initiation of noncigarette tobacco product use;42 34 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. 35 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. 36 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/ResearchandEvaluatio n/Reports/CaliforniaTobaccoRetailSurveillanceStudyReport-2018.pdf. 37 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.
38 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.
39 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.
40 See FN 39; 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; 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; 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. 41 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. 42 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. _____________________________________________________________________________________ City of Crescent City Ordinance No. 835 Page 6 of 11
WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer43 and density is higher;44 WHEREAS, tobacco retailers are more prevalent in underserved communities;45 WHEREAS, tobacco retailer density is higher in urban compared to rural areas, except for lowincome communities, which have higher tobacco retailer densities regardless of geography;46 WHEREAS, policies to reduce tobacco retailer density have been shown to be effective47 and can reduce or eliminate inequities in the location and distribution of tobacco retailers;48 WHEREAS, the Crescent City has 10 active retailers selling tobacco products, roughly 2.5 times the state average based on area population (2 per 2500 people);49 43 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. 44 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; 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; 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.
45 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; 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; 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; 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; 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. 46 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; 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. 47 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; 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; 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; 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.
48 See FN 46.
49 California Tobacco Health Assessment Tool, Public Health Statistics, developed by Stanford Prevention Research Center and Greeninfo Network, 2021. Accessed April 5, 2023. https://cthat.org/. _____________________________________________________________________________________ City of Crescent City Ordinance No. 835 Page 7 of 11
WHEREAS, the City of Crescent City is considered an area of persistent poverty with at least 20% of the population living in poverty over an extended period of time;50 WHEREAS, strict enforcement of policies prohibiting retail sales of cigarettes to youth, sale of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain the products;51 WHEREAS, 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;52
WHEREAS, 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;53 WHEREAS, 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;54
WHEREAS, California courts have affirmed the power of the City Council to regulate business activity to discourage violations of law;55
WHEREAS, over 180 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco;56 WHEREAS, the City Council has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and
WHEREAS, 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 Crescent City in order to protect the health, safety and welfare of our residents; NOW, THERFORE, the City Council of the City of Crescent City, State of California, hereby ordains:
SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.
50 U.S. Department of Transportation; www.transportation.gov/RAISEgrants/raise-app-hdc. Accessed April 5, 2023.
51See FN 29, FN 31.
52 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; 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.
53 Institute of Medicine. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington, DC: National Academies Press. 2015. 54 CAL. BUS. & PROF. CODE 22971.3.
55 See, e.g., Cohen v. Board of Supervisors (1985) 40 Cal. 3d 277; Bravo Vending v. City of Rancho Mirage (1993) 16 Cal. App. 4th 383; Prime Gas, Inc. v. City of Sacramento (2010) 184 Cal. App. 4th 697. 56 See FN 9.
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SECTION 2. CODE AMENDMENT. The Crescent City Municipal Code is hereby amended by adding Chapter 8.36, REGULATION OF TOBACCO RETAILERS, to Title 8, HEALTH AND SAFETY, as follows:
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. The City’s philosophy is to obtain compliance through education and voluntary corrective action. Administrative citations and license suspensions are a tool of last resort when voluntary corrective action is not enough to achieve compliance.
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.
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A. LICENSE REQUIRMENT. Effective January 1, 2024, 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.
1. Only Tobacco Retailers in business as of September 5, 2023 are eligible to apply for a Tobacco Retail License until such time as there are less than 2 active Tobacco Retail Licenses for every 2,500 City residents (“TRL Limit”). For purposes of this section, the City population will be determined by the most recent decennial Census published by the US Census Bureau minus the number of inmates identified in the concurrent monthly CDCR Inmate Population Report for Pelican Bay State Prison.
2. Once the TRL Limit is reached, no new Tobacco Retail License may issue until the number of active licenses is less than the TRL Limit. Applications will be processed in the order that they are received. Applications will be valid for one year from the date of submission.
3. If a conditional use permit is required per Title 17 of this Code, then the CUP must be approved prior to the issuance of a TRL.
C. LICENSE TRANSFERS. A Tobacco Retail License is not transferable between locations or businesses but may be transferred to the new owner(s) of a business with a valid Tobacco Retail License but only for the same retail location.
D. PHARMACIES NOT ELIGIBLE. A Tobacco Retail License may not issue to a Person for any business location that contains a Pharmacy.
E. REQUIRED LICENSES. A Tobacco Retailer must possess and maintain a valid City business license and a valid CDTFA tobacco license at all times.
F. 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 or for the purpose of inspection and enforcement during all hours of operation, without advance notice.
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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. g. A statement that the Tobacco Retailer must notify the City of any changes in the ownership of the Tobacco Retailer or risk losing its TRL.
2. Pays any outstanding fees, taxes, or penalties owed to the City of Crescent City.
3. There shall be no application fee or annual renewal license fee.
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 until revoked, relinquished or transferred to a new owner.
I. VIOLATIONS. Violation of any provision of this Chapter, or any state or federal law related to the marketing, sale, or distribution of Tobacco Products may result in the issuance of an administrative citation pursuant to Chapter 1.24 of Title 1 of this Code. If a Tobacco Retailer is cited by another agency (state, county or federal) for violating a state or federal law, the Tobacco Retailer will not be cited by the City for the same violation. However, the City may monitor the Tobacco Retailer’s corrective action and compliance efforts.
Furthermore, the City may issue an administrative citation if the violation continues or reoccurs. For violations that have not been cited by another agency, the City will work with the Tobacco Retailer to gain compliance through voluntary corrective action prior to issuing administrative citations.
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 revoked and the Tobacco Retailer will not be eligible to apply for a new Tobacco Retail License for a period of 5 years from the date of the last violation. A Tobacco Retailer who has had their license revoked will have to apply as a new business subject to the TRL Limit.
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.
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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.
[END CODE AMENDMENT]
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.
SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.
SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.
INTRODUCED at a meeting of the City Council of the City of Crescent City held on ____________ ___, 2023.
PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this _____ day of ____________ 2023 by the following polled vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Isaiah Wright, Mayor
ATTEST:
Robin Altman, City Clerk
APPROVED AS TO FORM:
Martha D. Rice, City Attorney
CITY COUNCIL AGENDA REPORT
TO: MAYOR WRIGHT AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: SEPTEMBER 5, 2023
SUBJECT: CCPD GRANT ACCEPTANCE – ABC ALCOHOL POLICING
PARTNERSHIP
_____________________________________________________________________________
RECOMMENDATION
• Hear Staff Report
• Technical questions from the Council
• Receive Public Comment
• Further Council discussion
• Accept the ABC Alcohol in Policing Partnership Grant and authorize City Manager to execute grant documents
• Approve and adopt Resolution 2023-65, A Resolution of the City Council of the City of Crescent City Amending the Fiscal Year 2023-2024 Budget
BACKGROUND
During the fiscal year 2022-23, the City Council gave direction to Chief Griffin to apply for a grant from the California Department of Alcoholic Beverage Control in the amount of up to $25,000. CCPD successfully applied and was awarded the grant in FY 2023-24 in the amount of $23,531. The grant funds will be used to implement a program to educate local alcohol retailers and conduct sting operations for retailers and adults providing alcohol to minors.
ANALYSIS
The Crescent City Police Department applied for and was awarded the grant in the total amount of $23,531. This includes $2500 for equipment, $2500 for operating expenses, and $15,574 for overtime costs associated with the grant projects. This grant-funded program will be a continuation of prior grants, with the goal of providing enforcement City Council Agenda Report
ABC GRANT AWARD
September 5, 2023
2 and education to retailers regarding alcohol sales to minors. The operational period of the grant is July 1, 2023 to June 30, 2024.
FINANCIAL IMPACT
If approved, the proposed ABC funding would be $23,531 in grant revenue added to the CCPD budget. Up to $2,046 of this money can be used for equipment (Alco-sensor FST, Dry gas Cylinder), $2500 for operating expenses (Buy Money), $2,500 for travel costs (Hotel, per diem, registrations), and the rest, $16,485, would go towards overtime costs associated with personnel services.
STRATEGIC PLAN ANALYSIS
Acquiring grant funding through these sources meets the goals and objectives of Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States” Attachments
• Resolution 2023-65
• Grant award / agreement
CITY OF CRESCENT CITY RESOLUTION NO. 2023-65 Page 1
RESOLUTION NO. 2023-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET
OF THE CITY OF CRESCENT CITY
WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of
June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the Chief of Police has secured grant funding to support the Alcohol Policing Partnership Program with the Department of Alcoholic Beverage Control; and WHEREAS, the expenditure of the grant funds requires an amendment to the adopted budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AS FOLLOWS:
That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:
Fund Revenue Increase
(Decrease)
Expenditure Increase
(Decrease)
General
Fund
$23,531
$23,531
APPROVED and ADOPTED and made effective the same day at a regular meeting of the City Council of the City of Crescent City held on the 5
th day of September 2023, by the following polled
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Isaiah Wright, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
• Contractor agrees to implement the Department of Alcoholic Beverage Control (ABC), Alcohol Policing Partnership program. This program is intended to work with law enforcement agencies to develop an effective, comprehensive and strategic approach to eliminate the crime and public nuisance problems associated with problem alcoholic beverage outlets.
• Contractor agrees to implement ABC’s Minor Decoy, Shoulder Tap Programs and conduct Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections. These programs target both ABC licensed premises and individuals who furnish alcoholic beverages to the underage operators. The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee(s), enforcement intervention and the impressions of omnipresence of law enforcement. In addition, Contractor agrees to the following goals:
1. The operation period of the grant is July 1, 2023 through June 30, 2024.
2. Contractor agrees to raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.
3. Minor Decoy operations are designed to educate and deter licensed locations from selling/furnishing alcohol to minors. Contractor agrees to conduct Minor Decoy Operations at both “On-Sale” and “Off-Sale” licensed establishments within the operation period of the grant.
4. Shoulder Tap operations are used to detect and deter adult furnishers outside of a licensed business. Contractor agrees to conduct Shoulder Tap Operations at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses and who are purchasing alcohol for minors outside of the stores within the operation period of the grant.
5. Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) primary goal is to educate licensee’s on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.
II. GOALS AND OBJECTIVES
1. Conduct at least two (2) Minor Decoy operations.
2. Conduct at least two (2) Shoulder Tap operations, including the Statewide Shoulder Tap conducted by ABC.
3. Conduct at least four (4) IMPACT operations.
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
4. Conduct at least four (4) Plain clothes / General Enforcement operations.
5. Conduct at least six (6) Special / High School event general enforcement operations.
6. Conduct at least two (2) Patrol Briefings.
7. Host/advertise at least one (1) LEAD training
8. Provide press/social media releases on grant enforcement activities.
A. To announce the start of the program;
B. At the conclusion of each Minor Decoy Operation has been held (to announce the number of licensed premises who sold to the minor decoy) C. At the conclusion of each Shoulder Tap Operation has been held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy).
9. Contractor will fax (916) 419-2599 or email each press release to the Department’s Public Information Officer ([email protected]) as soon as it is released.
10. Contractor agrees in all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Alcohol Policing Partnership.”
Contractor agrees to complete and submit monthly reports, on a format designed and provided by the Department of Alcoholic Beverage Control due no later than 15th of the following month.
III. PROJECT REPRESENTATIVES
The project representatives during the term of this agreement will be:
Crescent City Police Department
Anthony Lopez, Sergeant
686 G Street
Crescent City, CA 95531
(707) 464-2133
[email protected]
Department of Alcoholic Beverage Control
Brandon Shotwell, Supervising Agent in Charge
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2329
[email protected]
Direct all fiscal inquiries to:
Crescent City Police Department
Linda Leaver/Eric Wier, Director of Finance
377 J Street
Crescent City, CA 95531
(707) 464-7483
[email protected]
Department of Alcoholic Beverage Control
Kristine Okino, Grant Coordinator
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
[email protected]
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. INVOICING AND PAYMENT
• For services satisfactorily rendered and upon receipt and approval of the invoice, the Department of Alcoholic Beverage Control agrees to pay a monthly payment of approved reimbursable costs per the Budget Detail of personnel overtime and benefits (actual cost) and/or allowable costs. • Invoices shall clearly reference this contract number (23-APP12) and must not exceed the contract total authorized amount of $23,531.00. Invoices are to be submitted by the 15th of every month, on the prescribed form designed by the Department of Alcoholic Beverage Control.
Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grant Coordinator
3927 Lennane Drive
Sacramento, California 95834
• Payment shall be made in arrears within 30 days from the receipt of an undisputed invoice. Nothing contained herein shall prohibit advance payments as authorized by Item 2100-101-3036, Budget Act, Statues of 2023.
• Contractor understands in order to be eligible for reimbursement; cost must be incurred on or after the effective date of the project, July 1, 2023 and on or before the project termination date, June 30, 2024. • Revisions to the “Scope of Work” and the “Budget Detail” may be requested by a change request letter submitted by the Contractor. If approved, the revised Grant Scope of Work and/or Budget Detail supersedes and replaces the previous grant and will initiate an amendment. No revisions can exceed allotted amount as shown on the Budget Detail. The total amount of the grant must remain unchanged. • Contractor agrees to refund to the State any amounts claimed for reimbursement and paid to Contractor which are later disallowed by the State after audit or inspection of records maintained by the Contractor.
• Only the costs displayed in the Budget Detail are authorized for reimbursement by the State to Contractor under this agreement. Any other costs incurred by Contractor in the performance of this agreement are the sole responsibility of Contractor.
• Title shall be reserved to the State for any State-furnished or State-financed property authorized by the State which is not fully consumed in the performance of this agreement. Contractor is responsible for the care, maintenance, repair, and protection of any such property. Inventory records shall be maintained by Contractor and submitted to the State upon request. All such property shall be returned to the State upon the expiration of this grant unless the State otherwise directs. • Prior approval by the State in writing is required for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference, and over any reimbursable publicity or educational materials to be made available for distribution.
Contractor is required to acknowledge the support of the State whenever publicizing the work under this grant in any media.
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
II. BUDGET DETAIL
COST CATEGORY TOTAL COST
A. Personnel Services
Overtime
Sergeant ($79.51/hour) $8,667.00
Officer ($61.77/hour) $6,732.00
Benefits – 7.65% $1,086.00
TOTAL Personnel $16,485.00
B. Operating Expenses (receipts required)
Buy Money $2,500.00
TOTAL Operating $2,500.00
C. Equipment (receipts required, must be purchased by 12/31) Alco-sensor FST $1,880.00
Dry Gas Cylinder $166.00
TOTAL Equipment $2,046.00
D. Travel Costs
Hotel, per diem, registrations $2,500.00
TOTAL Travel $2,500.00
GRANT TOTAL $23,531.00
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
III. BUDGET CONTINGENCY CLAUSE
• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
IV. PROMPT PAYMENT CLAUSE
• Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has beenobtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole orin part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of theState.
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal.
Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov.Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2,§11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
a. The Government Code Chapter on Antitrust claims contains thefollowing definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and becomeeffective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and addressof the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Agreement Number: 23-APP12
City of Crescent City through the Crescent City Police Department
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, Contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.
2. Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.
3. Contract Validity: This contract is valid and enforceable only if adequate funds are appropriated in Item 2100-101-3036, Budget Act of 2023, for the purposes of this program.
4. Contractor Certifications: By signing this agreement, Contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/Standard-Contract-Language
5. If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity and/or cancel the agreement.