DATE:
July 18, 2023
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager SECOND READING AND ADOPTION BY:
Melinda Sayre, Deputy City Manager/City Clerk
Jacquelyn Castillo, Administrative Analyst
SUBJECT:
Amendments to Title 5 and Title 16 of the Hesperia Municipal Code Related to Licensing and Regulation of Tobacco Retailers
RECOMMENDED ACTION
It is recommended that the City Council place on second reading and adopt by title waiving the text of Ordinance No. 2023-10, amending Title 5 and Title 16 of the Hesperia Municipal Code related to Licensing and Regulation of Tobacco Retailers as amended at the June 20, 2023 City Council Meeting.
BACKGROUND
In 2021, the City Council adopted Ordinance No. 2021-07 which established a Tobacco Retailer License Program. The Program was designed to reduce the number of individuals of all ages who use cigarettes and other tobacco products, with a particular interest in protecting adolescents from tobacco usage and dependence as well as the illnesses associated with tobacco use. The program mandates that all tobacco retailers within the City obtain a Tobacco Retail License and undergo annual compliance checks.
ISSUES/ANALYSIS
The first reading of the Tobacco Retail and Licensing Program was heard at the June 20, 2023, Council Meeting, with a motion from council to approve changes to Title 16 and Title 5 with the following amendments:
Amendments to Title 5 – Chapter 5.80 Licensing and Regulation of Tobacco Retailers No person engaged in tobacco retailing shall sell a tobacco product to a person under twenty-one (21) years of age, including military personnel, unless federal law authorizes such sales to military personnel age eighteen (18) and above.
No sales of tobacco products or tobacco paraphernalia to anyone under age 21. No sales shall be permitted to any person of any drug paraphernalia, as defined under paragraph (d) of Health and Safety Section 11364.5.
Refer to Exhibit A for expanded definition.
Staff believes the proposed amendments address council’s concerns and will afford additional protection where violations of local, state, or federal law are concerned.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Ordinance 2023-10
Exhibit A – Title 5 – Business Licenses and Regulations, Chapter 5.80 - Licensing and Regulation of Tobacco Retailers Exhibit B – Title 16 –Development Code, Chapter 16.08 - Definitions – “Tobacco Paraphernalia” Exhibit C – Title 16 –Development Code, Chapter 16.08 - Definitions – “Tobacco Product” June 20, 2023 Original SR - Amendments to Title 5 and Title 16 Original Attachments Exhibit A Title 5
City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Amendments to Title 5 and Title 16 of the Hesperia Municipal Code Related to Licensing and Regulation of Tobacco Retailers July 18, 2023