RESOLUTION NO. 11624
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING
THE CITY’S MASTER FEE SCHEDULE
ESTABLISHING AN ANNUAL PERMIT FEE
AND FINES FOR THE TOBACCO RETAILER
PERMIT PROGRAM
WHEREAS, California Constitution, Article XI, Section 7, authorizes the City of Orange (“City”) to adopt and enforce local police, sanitary, and other ordinances and regulations that are not in conflict with general laws; and
WHEREAS, California Government Code Section 53069.4 authorizes the City Council to adopt an ordinance which makes any violation of the Orange Municipal Code (“OMC”) subject to an administrative fine as contained in Chapter 1.10; and
WHEREAS, California Business and Professions Code § 22971.3 and Health and Safety Code § 104559.5(i) confirm that State law does not preempt more restrictive local tobacco regulation, except regarding State tax collection. It also allows local licensing laws to provide for the suspension or revocation of a local license for any violation of a State tobacco control law; 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 Council to protect the health, safety, and welfare of our residents; and
WHEREAS, the City Council intends to ensure compliance with the business standards and practices of the City and encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale o r distribution of tobacco and nicotine products to youth; and
WHEREAS, on June 24, 2025, the City Council adopted Ordinance No. 12 -25 adding Chapter 5.100 of the Orange Municipal Code establishing a Tobacco Retailer Permit Program.
NOW, THEREFORE, BE IT BE RESOLVED by the City Council of the City of Orange as follows:
1. An annual Tobacco Retailer Permit processing fee of $880 for each specific tobacco retailing location shall be required for an application for a Tobacco Retailer Permit.
2. A Tobacco Retailer Permit Change of Information Fee of $330 shall be imposed when any applicant who has been issued a Tobacco Retailer Permit changes any information as provided in the application or Chapter 5.100 of the Orange Municipal Code.
2 3. As provided in Section 5.100.080.B of the Orange Municipal Code, the following schedule of administrative fines is adopted for unpermitted tobacco retailing:
a. Operating without a valid permit is a violation and punishable by a fine of $750.
4. As provided in Section 5.100.080.C of the Orange Municipal Code, the following schedule of administrative fines is adopted for progressive penalties:
a. Every violation is punishable by a fine of $500 for a first violation within 5 -year period.
b. Every violation is punishable by a fine of $1,000 for a second violation within 5 - year period.
c. Every violation is punishable by a fine of $1,500 for a third violation within 5-year period.
d. Every violation is punishable by a fine of $2,000 for a fourth violation within 5 - year period.
e. Every violation is punishable by a fine of $4,000 for a fifth violation within 5-year period.
f. Every violation is punishable by a fine of $5,000 for subsequent violations within 5-year period.
5. This Resolution shall be effective immediately upon the effective date of Ordinance No. 12-25.
ADOPTED this ____ day of ___________________, 2025.
Daniel R. Slater, Mayor, City of Orange
ATTEST:
Pamela Coleman, City Clerk, City of Orange
3 APPROVED AS TO FORM:
Wayne W. Winthers
Interim City Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE )
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the __ __ day of _______ ________, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Pamela Coleman, City Clerk, City of Orange