Ordinance No. XX- 2025 Page 1 of 3 ORDINANCE NO. XX-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FREMONT AMENDING SECTIONS 8.75.010 AND 8.75.210 OF CHAPTER 8.75 OF
THE FREMONT MUNICIPAL CODE TO CLARIFY ORDINANCE
ENFORCEMENT
WHEREAS, in 2019, the City of Fremont adopted Chapter 8.75, the tobacco retailers licensing ordinance; and
WHEREAS, the City of Fremont Code Enforcement Division and the Police Department have undertaken enforcement activities of Chapter 8.75; and WHEREAS, the City of Fremont now wishes to amend the Fremont Municipal Code to clarify the enforcement of Chapter 8.75.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC SECTION 8.75.010 AMENDED
Fremont Municipal Code Title 8, Chapter 8.75, Section 8.75.010 is amended to read as follows (additions are shown as underlined text and deletions as strikethrough):
Sec. 8.75.010 Flavored tobacco products prohibited.
{Subsections (a), (b), (c), (d), (e), and (f) not modified.} (g) “Flavored tobacco product” means any tobacco product that imparts a taste or odor other than the taste or odor of tobacco, or that imparts a heating, cooling, or numbing sensation characterizing flavor, including menthol cigarettes and flavored noncigarette tobacco products such as little cigars, smokeless tobacco, and flavored components of e-cigarettes and vaping devices. Flavored tobacco product includes any tobacco product described as “chill,” “ice,” “fresh,” “arctic,” “sweet,” “spicy,” or “frost.”
{Subsections (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), and (r) not modified.} SECTION 2. FMC SECTION 8.75.210 AMENDED
Fremont Municipal Code Title 8, Chapter 8.75, Section 8.75.210 is amended to read as follows:
Sec. 8.75.210 Violations, suspension, and revocations.
If reasonable cause exists to believe a violation of this chapter has occurred, or if a court of competent jurisdiction determines the same, the department shall issue a notice of violation and
Ordinance No. XX- 2025 Page 2 of 3 begin the revocation process as follows:
(a) For a first violation within any 60-month period, no new the license may issue be suspended for the person or the location for 30 days from the date the violation is discovered. (b) For a second violation within any 60-month period, no new the license may issue be suspended for the person or the location for 90 days from the date the violation is discovered. (c) After a third violation within any 60-month period, no new the license may issue for be suspended for the person or the location for 12 months from the date the violation is discovered. (d) Upon a finding by the department of four or more violations within any 60-month period, the license shall be revoked.
(e) Locations where there is proof that ownership of the business has been transferred in an arm’s length transaction are exempt from the provisions of this section.
SECTION 3. CEQA
The City Council determines that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) the ordinance does not have the potential to cause a significant effect on the environment and is not subject to CEQA review. Consequently, no further environmental review is required. The Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. PUBLICATION AND POSTING
The City Clerk has caused the ordinance to be published once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont for at least five days before the date of adoption. A certified copy of the ordinance was posted in the office of the City Clerk, since at least five days before this date of adoption. Within 15 days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance and shall post in
Ordinance No. XX- 2025 Page 3 of 3 the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ____ day of _______, 2025 and adopted at a regular meeting of the City Council held on the ____ day of ________, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney