ORDINANCE NO. 2023-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.80 OF THE HESPERIA MUNCIPAL CODE, AND AMENDING TITLE 16 CHAPTER 16.08 OF THE HESPERIA MUNICIPAL CODE RELATED TO THE LICENSING AND REGULATION OF TOBACCO RETAILERS WHEREAS, in 2021, the City Council adopted Ordinance No. 2021-07 which established a Tobacco Retailer License Program; and WHEREAS, Title 5 of the Hesperia Municipal Code contains regulations related to licensing and regulation of tobacco retailers; and WHEREAS, Title 16 of the Hesperia Municipal Code contains definitions related to tobacco products and tobacco paraphernalia; and WHEREAS, staff continues to review the program to ensure that the program is the most effective and efficient and complies fully with any state and federal regulations; and WHEREAS, several updates to the current regulations are required to continue to administer the program efficiently, allowing for responsible operations of tobacco retail businesses, and afford additional protection where violations of local, state, or federal law are concerned; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE HESPERIA CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. All of the facts set forth in the forgoing recitals are true, correct and are adopted as findings.
Section 3. Title 5, Chapter 5.80 of the Hesperia Municipal Code is hereby amended as set forth in Exhibit “A”, attached hereto.
Section 4. Title 16, Chapter 16.08 of the Hesperia Municipal Code is hereby amended as set forth in Exhibits “B” and “C”, attached hereto.
Section 5. This Ordinance shall take effect on August 17, 2023.
Section 8. The City Council of the City of Hesperia hereby declares that should any provision, section, paragraph, sentence, or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words shall remain in full force and effect.
Section 9. The City Clerk shall certify to the adoption of the Ordinance and shall cause the same to be published in a manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Hesperia, California, at a regular meeting held on this 18th day of July, 2023. ____________________________
Brigit Bennington, Mayor
ATTEST:
_____________________________
Erin Baum, Assistant City Clerk