Section 10. Repeal. Section 8.20.080 of the Pittsburg Municipal Code is hereby repealed:
8.20.090 Vending machines.
Coin-operated cigarette vending machines may be located only on those premises which have either a Type 42, Type 48 or Type 61 license from the Department of Alcoholic Beverage Control. Cigarette vending machines must be located no less than 25 feet from any entry into the premises.
Section 11. Amendment. Section 8.20.100 of the Pittsburg Municipal Code is hereby amended as follows:
8.20.100 Distribution of free samples and coupons.
A. No person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute, or direct, authorize or permit any agent or employee to distribute: (1) any cigarette or other tobacco or smoking product, including any smokeless tobacco product; or (2) coupons, certificates or other written material which may be redeemed for tobacco or smoking products without charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building.
B. No agent or employee of any person, firm, association or corporation in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute: (1) any cigarette or other tobacco or smoking product; or (2) coupons, certificates or other written material which may be redeemed for tobacco or smoking products without charge, to any person on any public street or sidewalk or in any public park or playground or on any other public ground or in any public building.
C. For purposes of this section, “public ground” and “public building” include sports arenas as defined in PMC 8.20.030 and any entertainment facility whether enclosed or not (except a bar) for which a charge is made for admission, whether publicly or privately owned.
Section 12. Repeal. Section 8.20.110 of the Pittsburg Municipal Code is hereby repealed:
8.20.110 Out of package sales.
No person shall sell or offer for sale cigarettes, smokeless tobacco, or other tobacco or smoking products not in the original packaging provided by the manufacturer. 359
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Section 13. Amendment. Section 8.20.130 of the Pittsburg Municipal Code is hereby amended as follows:
8.20.130 Penalties.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this chapter to fail to properly post signs required hereunder.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. Any person or business who violates subsection (A) or (B) of this section, or any other provision of this chapter, shall be guilty of an infraction, punishable as provided in PMC
1.12.020 and subject to administrative citations as set forth in PMC 1.20.030.
Section 14. Amendment. Section 8.20.140 of the Pittsburg Municipal Code is hereby amended as follows:
8.20.140 Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. No person or landlord shall terminate a tenancy, or modify the terms of a tenancy, or in any manner retaliate against any tenant because such tenant makes a complaint regarding violation of this Chapter or exercises any rights granted to him or her under this Chapter.
Section 15. Amendment. Section 8.20.150 of the Pittsburg Municipal Code is hereby amended as follows:
8.20.150 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable state or federal laws, including but not limited to Labor Code Section 6404.5., unless the applicable state or federal law does not preempt additional local regulation.
Section 16. Amendment. Section 5.68.010 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.010 Purpose.
The purpose of this chapter is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco users; by discouraging actions that promote the unlawful sale of tobacco products to minors; and as well as the unlawful purchase or possession of tobacco products to minors by encouraging responsible tobacco retailing, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.
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Section 17. Amendment. Section 5.68.020 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. “Advertising display sign” means a sign, signboard, billboard, poster, freestanding sign, balloon, pennant, or banner, that is temporarily or permanently placed on or affixed to the ground, the sidewalk, a pole or post, a fence, or a building, or is displayed in the windows or doors of a commercial establishment, and that is used to advertise or promote products.
B. “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and includes products known as or labeled little cigars, small cigars or cigarillos.
C. “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.
B. D. “City manager” means the city of Pittsburg city manager or his or her their designee.
E. “Compliance checks” means systems the director uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the director or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
F. “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
C. G. “Director” means the individual designated by the city manager in writing to administer this chapter, who may be the city’s health officer, a city department head, or other city staff person.
H. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and 361
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Cosmetic Act.
I. “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.
J. “Full Retail Price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.
K. “Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than
4.5 pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
D. L. “Mobile billboard” means any sign, placard, billboard, or other display advertisement upon or affixed to a vehicle which is used primarily to advertise a product illegal to sell to minors, when the supporting vehicle or trailer is parked within a public right-of-way or on private property and visible to the public for a duration of time and in a manner which clearly indicates that the sign is for advertising products illegal to sell to minors or which carry a specific brand name, logo, indicia of a product illegal to sell to minors. For the purposes of this division, mobile billboard shall not include any advertisement on the side of a van, truck, or other vehicle which is primarily used for the transportation of goods or products.
E.M. “Person” means any individual, firm, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or other legal entity.
N. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business.
F.O. “Promote” or “promotion” means a display of any logo, brand name, character, graphics, colors, scenes, designs, or recognizable color or pattern of colors, or any other indicia or product identification with, or similar to, or identifiable with, those used for any particular brand of tobacco product.
G.P. “Publicly visible location” means any outdoor location that is visible from any street, sidewalk, or other public thoroughfare, or any location inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or other public thoroughfare.
Q. “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
R. “Self-Service Display” means the open display or storage of tobacco products in 362
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a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
S. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device.
T. “Tobacco Product” means:
(1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
H. “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco.
I.U. “Tobacco retailer” means any person who sells, offers for sale, or exchanges or offers to exchange, for any form of consideration, tobacco, tobacco products or tobacco paraphernalia; “tobacco retailing” means the doing of any of these things.
Section 18. Amendment. Section 5.68.040 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.040 License requirements generally.
A. Tobacco Retailer’s License Required. It is unlawful for any person to engage in tobacco retailing in the City without first obtaining and maintaining a valid tobacco retailer’s license issued by the City of Pittsburg for each location at which tobacco retailing is to occur after January 1, 2026. Tobacco retailing without a valid tobacco retailer’s license is a nuisance as a matter of law. retailer, individual, or entity who has been found to be in violation of one or more of the provisions of this chapter or other provision of this code or any applicable state or federal laws governing the sale and distribution of tobacco within the last 12 months, to sell or offer for sale any tobacco products within the city without first obtaining and maintaining a valid tobacco retailer’s license from the city for each location where such sales are conducted. Licenses are valid for one year and licensees must apply for renewal annually for a total of five years. If there are no further violations of the provisions 363
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of this chapter or applicable state or federal laws regulating the sale and distribution of tobacco in that five-year period, a tobacco retailer’s license will no longer be required in order to sell tobacco products in the city.
B. Lawful Business Operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this article for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.
C. Smoking Prohibited. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter other than a “private smokers lounge” as specified in PMC 8.20.070(B). Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this article.
D. Minimum Legal Sales Age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.
E. Display of License. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
F. Positive Identification Required. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government- issued photographic identification that the recipient is at least 21 years of age.
G. Self-service Displays Prohibited. Tobacco retailing by means of a self-service display is prohibited.
H. On-site Sales. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this article for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the City.
I. Sale of Electronic Smoking Devices Prohibited. It shall be unlawful for any tobacco retailers to sell, offer for sale, or possess with intent to sell or offer for sale, any electronic smoking device. This subsection shall not apply to tobacco retailers who have lawfully commenced operation prior to January 1, 2026.
J. Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product except as provided within California Health and Safety Code Section 104559.5(c), (d), and (e). A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
K. The tobacco retailer’s license shall not impose any additional restrictions on sale of any tobacco product by any tobacco retailer legally operating on or before December 31, 2025; provided however, all businesses shall be required to adhere to 364
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state and federal laws as applicable.
Section 19. Amendment. Section 5.68.060 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.060 Application procedure.
An application for a tobacco retailer’s license shall be submitted in the name of the retailer, individual or entity, who, following a finding of violation as specified in PMC 5.68.040, proposes to conduct retail tobacco sales on the business premises, and shall be signed by such retailer, individual or entity or agent with written authority to act for same. All applications shall be submitted on a form supplied by the director, or his or her designee, and shall contain the following information:
A. The name, address, and telephone number of the applicant; B. The business name, address, and telephone number of each establishment where tobacco is to be sold;
C. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products; D. Whether or not the retailer, individual or entity has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years; and
CE. Any other information as the director City Manager determines is necessary for implementation of this article.
Section 20. Amendment. Section 5.68.070 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.070 License Issuance or denial.
Upon receipt of a completed application for a tobacco retailer’s license, including payment of the license fee, the director City Manager, or designee, may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. will issue a license, which each licensee must prominently display at the location where tobacco retail sales are conducted.
The City Manager may deny an application for a tobacco retailer’s license based on any of the following:
A. The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter; B. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued;
C. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued;
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D. The applicant has previously been found by the city to have violated city, state, or federal laws related to the sale of tobacco products;
E. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law; or F. Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this chapter and other laws relating to the sale of tobacco products.
Section 21. Amendment. Section 5.68.080 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.080 Fees for license.
The fee for a tobacco retailer’s license shall reflect the actual cost of processing the license, including inspection of the tobacco retailer’s business premises and implementation of the licensing program, and shall not exceed $500.00 annually as determined by the city council.
The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the city council pursuant to state law.
Section 22. Amendment. Section 5.68.090 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.090 License nontransferable.
The tobacco retailer’s license is nontransferable, except as provided within Pittsburg Municipal Code Section 5.68.115(G). If there is a change in location, a new tobacco retail license will be issued for the new address upon receipt of an application for change of location. The new license will retain the same expiration date as the previous license.
Section 23. Amendment. Section 5.68.100 of the Pittsburg Municipal Code is hereby amended as follows:
5.68.100 Suspension and Revocation of license.
A. Grounds for Suspension. In order to discourage violations of law, a tobacco retailer’s license may be suspended, as set forth in subsection (B) of this section, by the director upon a finding, after giving the licensee notice and opportunity to be heard, that the licensee or his or her employee, following the issuance of a tobacco retailer’s license, has violated any of the provisions of this chapter, this code or any applicable state or federal laws as otherwise allowed by law.
B. Time Period of Suspension of License.
1. Upon the first time that the director makes a finding as set forth in subsection (A) of this section, the license to sell tobacco products may be suspended for up to 60 days;
2. Upon the second time that the director makes a finding as set forth in subsection (A) of this section within 12 months of the first determination, the license to sell tobacco products 366
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may be suspended for up to 120 days;
3. Upon the third and each subsequent time that the director makes a finding as set forth in subsection (A) of this section within 12 months of the prior determination, the license to sell tobacco products may be suspended for up to one year.
C. Appeal of Suspension. The decision of the director to suspend a tobacco retailer’s license is appealable to the city manager as provided in Chapter 1.08 PMC.
A. Any business found to operate in violation of city, state, or federal laws or regulations may be subject to immediate suspension or revocation of a tobacco retailer’s license. Any suspension of license shall be determined by the City Manager in their sole discretion.
B. Appeal of Suspension or Revocation. The decision of the director to suspend a tobacco retailer’s license may be appealed via written request to the city manager as provided in Chapter 1.08.
Section 24. New Section. Section 5.68.115 of the Pittsburg Municipal Code is hereby added as follows:
5.68.115 Limits on Eligibility for a Tobacco Retailer License.
A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No license may issue to authorize tobacco retailing at a moveable place of business.
B. Licensed Cannabis Businesses. No license may be issued to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10 or by the city of Pittsburg.
C. Proximity to Youth-Oriented Facilities. No license may be issued to authorize tobacco retailing within 600 feet of an existing, legally established school (as defined by PMC 18.08.060(V)), general day care (as defined by PMC 18.08.060(F)), club or lodge (as defined by PMC 18.08.060(B)) used exclusively as a youth center, city- owned park space which is open to the public, religious assembly (as defined by PMC 18.08.060(T)) or library, as measured from the main entrance of the tobacco retailer to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. However, no license may issue to authorize tobacco retailing less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the tobacco retailer to the nearest parcel boundary of the other use.
D. Proximity to Other Tobacco and Cannabis Retailers. No license may be issued to authorize tobacco retailing within 500 feet of an existing tobacco or cannabis retailer location licensed pursuant to as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located.
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E. Grocery stores and drugstores shall be exempt from subsections (C) and (D) above.
F. The prohibitions contained in subsections (C) and (D), shall not apply to any tobacco retailer operating lawfully on or prior to December 31, 2025. Any exemption granted to a tobacco retailer pursuant to subsections (C) or (D) shall cease to apply if the retailer fails to timely renew the license pursuant to Section 5.68.117 of this Chapter.
G. Upon transfer of ownership of an existing establishment which has a current tobacco retailer license, a tobacco retailer license may be issued for use of a location in subsections (C) and (D) if the business and/or location was retailing lawfully on or prior to December 31, 2025 and may be renewed thereafter unless it expires due to non-renewal.
Section 25. New Section. Section 5.68.116 of the Pittsburg Municipal Code is hereby added as follows:
5.68.116 Compliance checks.
A. Compliance with this chapter shall be monitored by the City Manager. In addition, the city may designate additional persons to monitor compliance with this chapter.
All licensed premises must be open to inspection by city staff or designated persons during regular business hours.
B. The Police Department may inspect each tobacco retailer at least one (1) time per 12-month period to ensure compliance with this chapter.
C. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.
Section 26. New Section. Section 5.68.117 of the Pittsburg Municipal Code is hereby added as follows:
5.68.117 License renewal and expiration.
A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one (1) year. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than 30 days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to section 5.68.060. The City shall make a decision on any renewal application within 90 days, during which time the license shall remain valid.
Section 27. New Section. Section 5.68.118 of the Pittsburg Municipal Code is hereby added as follows:
5.68.118 Exceptions.
Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing. 368
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Section 28. Repeal. Section 5.68.140 of the Pittsburg Municipal Code is hereby repealed:
5.68.140 Self-service displays.
A. Prohibition. It is unlawful for any person or tobacco retailer within the city to sell, permit to be sold, offer for sale, or display for sale any tobacco product by means of self-service display, rack, counter top or shelf that allows self-service sales for any tobacco product other than vendor-assisted sales.
B. Vendor Assistance. All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a locked case requiring employee assistance to retrieve the tobacco products.
Section 29. New Section. Section 5.68.145 of the Pittsburg Municipal Code is hereby added as follows:
5.68.145 Tobacco Product Pricing and Packaging.
A. Packaging and Labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. This subsection shall not apply to any approved businesses which exclusively sells cigar paraphernalia and cigars weighing more than 4.5 pounds per thousand.
B. Display of Price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.
C. Distribution of Tobacco Samples. It is unlawful for any person to distribute free or nominally priced tobacco products.
D. Minimum Package Size for Cigars. No tobacco retailer shall sell:
1. Any cigar unless it is sold in a package of at least 2 cigars. This subsection shall not apply to: 1) a cigar that has a price of at least $10.00 per cigar, excluding all applicable taxes and fees, or 2) any approved businesses which exclusively sells cigar paraphernalia and cigars weighing more than 4.5 pounds per thousand.
Section 30. Amendment. Section 9.25.010 of the Pittsburg Municipal Code is hereby amended as follows:
9.25.010 Findings and purpose.
The city council finds as follows:
A. The city of Pittsburg, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents.
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B. The occurrence of loud or unruly gatherings, or gatherings where persons under the age of 21 are present and where alcoholic beverages or cannabis are in the possession of, or are being consumed by, any person under the age of 21, is harmful to the community and the underage persons and is a public nuisance.
C. The city of Pittsburg has made numerous and substantial efforts to enforce underage drinking laws. Despite these efforts, alcohol use by youth remains a serious problem in the city, contributing significantly to the incidence of adolescent crime, addiction, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death.
D. Cannabis use by youth is also a serious problem in the city. Frequent cannabis use during adolescence is associated with risk of cannabis addiction; impairments in attention, memory, and learning; and mental health issues. Cannabis use also poses risks to those on the road. In California, the percentage of driver fatalities testing positive for legal and/or illegal drugs increased from 43% in 2018 to 50% in 2019.
D. E. Residents have failed to prevent the occurrence of loud or unruly gatherings, including those where alcohol or cannabis is served to, consumed by or possessed by underage persons, which seriously disrupt neighboring residents’ quiet enjoyment of their property.
E. F. Control of loud or unruly gatherings and control of gatherings where alcohol or cannabis is served to a minor is necessary because such activity is determined to be a public nuisance.
H. F. G. Persons held responsible for allowing, permitting or hosting loud or unruly gatherings or gatherings where alcohol or cannabis is served to persons under 21 will be more likely to properly supervise or stop such gatherings.
G. H. Law enforcement, fire, and other emergency response services personnel have responded, sometimes on multiple occasions, to loud or unruly gatherings or gatherings where alcohol or cannabis is served to, consumed by, or in the possession of underage persons, on private property, and responses to such gatherings result in a disproportionate expenditure of public safety resources of the city, which are supplemented by the general municipal taxes paid by residents and taxpayers, and such responses result in a delay of responses to regular and emergency calls to the rest of the city.
H I. Problems associated with loud or unruly gatherings or gatherings where alcohol or cannabis is served, consumed by, or in the possession of underage persons are difficult to prevent or deter unless the city has the legal authority to issue an administrative citation or an administrative fine.
I J. The intent of this chapter is to protect the public health, peace, safety and quiet enjoyment of residential property, and general welfare.
J. K. Section 25658 of the Business and Professions Code makes it unlawful for a person under the age of 21 years to purchase or attempt to purchase or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of 21.
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L. Section 26140 of the Business and Professions Code prohibits the sale of cannabis to persons under the age of 21. (Those 18 years of age or older may use cannabis for medicinal use with a doctor’s recommendation).
L M. The city council of the city of Pittsburg determines that this chapter is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the city of Pittsburg.
Section 31. Amendment. Section 9.25.020 of the Pittsburg Municipal Code is hereby amended as follows:
9.25.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as hereafter set out, unless it is apparent that they have a different meaning:
A. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.
B. “Cannabis” shall have the same meaning as set forth in Section 5.70.120.
B. C. “Gathering” means a group of persons who have assembled, or are assembling, for a social occasion or for a social activity.
C. D. “Loud or unruly gathering” means a party or gathering which threatens public health, peace, safety or general welfare because of loud or unruly conduct. Such loud or unruly conduct includes but is not limited to:
1. Excessive noise;
2. Excessive traffic;
3. Obstruction of public streets or crowds that have spilled into public streets;
4. Public drunkenness or unlawful public consumption of alcohol or alcoholic beverages;
5. Service to or consumption of alcohol or alcoholic beverages by any underage person, except as permitted by state law;
6. Assaults, batteries, fights, domestic violence or other disturbance of the peace;
7. Vandalism;
8. Litter; and
9. Any other conduct which constitutes a threat to public health, safety, quiet enjoyment of residential property or general welfare.
A loud or unruly gathering shall constitute a public nuisance.
D. E. “Response recovery cost” means the costs associated with responses by law enforcement or other emergency response providers to loud or unruly gathering, including but not limited to:
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1. Salaries and benefits of law enforcement or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with loud or unruly gatherings, and the administrative cost attributable to such response(s);
2. The cost of any medical treatment to or for any law enforcement or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering;
3. The cost of repairing any city equipment or property damaged, and the cost of the use of such equipment, in responding to, remaining at or leaving the scene of a loud or unruly gathering.
Section 32. Amendment. Section 9.25.030 of the Pittsburg Municipal Code is hereby amended as follows:
9.25.030 Unlawful gatherings.
A. No person shall suffer, permit, allow, or host a gathering where three or more persons under the age of 21 are present and where alcoholic beverages or cannabis are in the possession of, or are being consumed by, any person under the age of 21.
B. No person shall suffer, permit, allow or host a loud or unruly gathering.
C. This chapter does not apply to any gathering involving the use of alcoholic beverages that is protected by Article 1, Section 4 of the California Constitution.
D. This chapter does not apply to any gathering involving the use of medicinal cannabis lawfully served to, or in the possession of a qualified patient or primary caregiver, as those terms are defined by Health and Safety Code Section 11362.7, in conformance with Health and Safety Code Section 11362.77.
Section 33. Amendment. Section 18.88.010 of the Pittsburg Municipal Code is hereby amended as follows:
18.88.010 Definitions.
“Cannabis” shall have the same meaning as set forth in California Health and Safety Code Section 11018 et seq. Consistent with state law, it does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5. “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code, and includes cannabis products intended for use on, or consumption by, an animal. Cannabis products are not considered food, as defined by Section 109935 of the Health and Safety Code, a drug, as defined by Section 109925 of the Health and Safety Code, or a cosmetic, as defined by Section 109900 of the Health and Safety Code.
“Commercial cannabis business” means business engaged in commercial activity involving cannabis and holding one or more state licenses. A single commercial cannabis business may hold multiple state licenses under a single city commercial cannabis permit. “Fully enclosed and secure structure” means a space within a building that complies with 372
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the applicable building code, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors. Walls and roof must be constructed of solid materials that cannot be easily broken through, and must be constructed with nontransparent material.
“Indoors” means inside a fully enclosed and secure structure or within a private residence. “Medical cannabis” means cannabis used for medical purposes in accordance with the Compassionate Use Act, California Health and Safety Code Section 11362.5, and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), California Business and Professions Code Section 26000 et seq.
“Medical cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis as defined in California Business and Professions Code Section 26000 et seq.
“Medical cannabis delivery” means the transfer of medical cannabis or medical cannabis products from a medical cannabis dispensary to a qualified patient or primary caregiver, as well as the use by a dispensary of any technology platform to arrange for or facilitate the transfer of medical cannabis or medical cannabis products. “Medical cannabis dispensary” or “dispensary” means (1) any facility, building, structure or location, whether fixed or mobile, where a primary caregiver makes available, sells, transmits, gives or otherwise provides medical cannabis to three or more of the following: a qualified patient or a person with an identification card, or a primary caregiver, in strict accordance with California Health and Safety Code Section 11362.5 et seq.; or (2) any facility, building, structure or location where three qualified patients and/or persons with identification cards and/or primary caregivers meet or congregate in order to collectively or cooperatively distribute, sell, dispense, transmit, process, deliver, exchange or give away cannabis for medicinal purposes pursuant to California Health and Safety Code Section 11362.5 et seq., and such group is organized as a medical cannabis cooperative or collective as set forth in the Attorney General’s guidelines. The terms “primary caregiver,” “qualified patient,” and “person with an identification card” shall be as defined in California Health and Safety Code Section 11362.5 et seq.
For purposes of this chapter, a “medical cannabis dispensary” shall not include the following uses, as long as the location of such uses is otherwise regulated by applicable law and complies strictly with applicable law, including but not limited to California Health and Safety Code Section 11362.5 et seq.:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code; 373
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4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code;
5. A residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.
“Medical cannabis products” means medical cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
“Nonmedical cannabis” means cannabis that is intended to be used for nonmedical purposes pursuant to California Health and Safety Code Section 11362.1 et seq. and California Business and Professions Code Section 26000 et seq.
“Outdoors” means any location within the city that is not within a fully enclosed and secure structure or a private residence.
“Person” means any individual, partnership, co-partnership, firm, association, joint stock company, corporation, limited liability corporation, collective, cooperative, or combination thereof in whatever form or character.
“Private residence” means a house, an apartment unit, a mobile home or other similar dwelling.
“Solid fence” means a fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one side to the other side of the fence.
Section 34. Amendment. Section 18.88.051 of the Pittsburg Municipal Code is hereby amended as follows:
18.88.051 Performance standards for all commercial cannabis businesses.
A. Licensee shall at all times comply with state law including but not limited to the manufactured cannabis safety regulations at Title 17 California Code of Regulations Sections 40100 et seq. Licensee shall adhere to manufacturing practices as set forth in Title 21 of the Code of Federal Regulations, Parts 210, 211, 225, and 226.
B. All inventory of cannabis raw materials and finished products shall be kept in secured storage areas or as otherwise approved by the chief of police as specified within an approved security plan, to which only authorized personnel shall have access. Use and movement of all cannabis products shall be logged from acceptance of shipment to delivery at retail location for inventory accuracy and management. Records shall be made available to the police department or any other agency with regulatory authority within 72 hours of written request therefor.
C. Licensee shall require all prospective employees to submit to a live scan at a designated service provider and a background check by the California Department of Justice (DOJ) and local law enforcement. The cost of the background check shall be borne by the licensee or the prospective employee. Licensee shall not employ any person in violation of PMC
18.88.045.
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D. All raw or concentrated cannabis shall be securely stored in areas approved as specified in the operating agreement or as otherwise approved by the chief of police.
E. By-products of any cannabis business operation, including but not limited to those by- products resulting from testing, cultivation, trimming, or manufacturing processes shall be disposed of pursuant to local and state laws.
F. The city manager may require measures to be taken to eliminate odors, in the event odors resulting from cannabis are shown to have continually occurred. These measures may include, but are not limited to, installation of industrial grade HEPA filtration and/or activated carbon filtration systems. Any required measures shall be taken at the sole cost of the licensee.
G. Required Changes. City shall have the discretion to require changes to any of the terms within this section, upon reasonable notice to licensee.
H. Licensee shall, to the fullest extent allowed by law, give preference to residents of the city of Pittsburg for employee hiring.
I. All signage shall be approved and placed in accordance with PMC Title 19. The police department and planning division shall reserve sole discretion in determining approved language and imagery at the project site.
J. All cannabis businesses open to the public shall prominently display signage near the public entrance designed to alert consumers to the possible health impact of cannabis use and smoke.
K. Licensees shall provide each customer with a single-page flat or folded brochure with each purchase that includes all of the following information:
(1) A recommendation that new consumers start with lower doses. (2) That care should be taken for the delayed effects of edibles, including warnings that it can take up to four hours to feel the full effects from eating or drinking cannabis and that consuming more within this time period can result in more adverse effects that may require medical attention.
(3) The dangers of purchasing illegally sold cannabis and cannabis products, including the increased risk that untested cannabis may contain unsafe additives or harmful contaminants such as mold or pesticides.
(4) Warnings against consuming cannabis or cannabis products while pregnant or breastfeeding and that exposure to cannabis during pregnancy may harm the baby’s health, including causing low birth weight.
(5) The potential for cannabis use to contribute to mental health problems, including psychotic disorders such as schizophrenia and increased thoughts of suicide and suicide attempts, and that these risks are greatest for frequent users and when using products with high THC levels.
(6) The link between higher THC content and the likelihood of experiencing adverse effects and impairment, including severe anxiety and the disruption of memory and 375
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concentration.
(7) Cautions that driving while under the influence of cannabis is a DUI and that cannabis use increases the risk of motor vehicle crashes. (8) Evidence that starting cannabis use at a young age or using frequently may lead to problem use and may harm the developing brain.
(9) That smoking cannabis may make breathing problems worse and that prolonged use of inhaled cannabis products may cause recurrent, severe nausea and vomiting.
The City shall create and post the brochure in consultation with the Contra Costa County Department of Public Health. The brochure shall be printed in a type size not smaller than 12 points.
L. Cannabis or cannabis products intended for use by inhalation or combustion, including accessories intended to be used as part of cannabis cartridges and integrated cannabis vaporizers, shall not contain any artificial, synthetic, or natural flavoring or any descriptor of flavor that would imply to a reasonable consumer that the product or accessory contains flavors other than the natural flavor or aroma of cannabis, including, but not limited to, menthol, mint, mango, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, popcorn, and bubblegum.
K.M. City may require additional provisions in the operating agreement.
Section 35. Severability.
If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.
Section 36. Publication.
The Ordinance shall be posted and published in accordance with the California Government Code.
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The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on May 19, 2025, and was adopted and ordered published at a regular meeting of the City Council held on June 2, 2025 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Jelani Killings, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Amending Title 18 of the Pittsburg Municipal )
Code, Adding Article XXII to Chapter 18.84 ) ORDINANCE NO. 25- To Establish Alcohol Performance Standards )
WHEREAS, the proposed request is to amend Title 18 of the Pittsburg Municipal Code (PMC) for the Creating Healthy Communities Ordinance. The following information details the City of Pittsburg’s previously adopted ordinances regarding alcohol use in the City. The background discussion below provides detail of the associated State legislation and propositions granting local governments the authority to enforce regulations specific to alcohol use. The background concludes with information pertaining to the formation of the Creating Healthy Communities Ad-Hoc Subcommittee, public outreach initiatives, as well as previous reports prepared that are specific to the underage use of alcohol, tobacco, and cannabis, which further prompted and increased the urgency of developing the proposed Creating Healthy Communities Ordinances; and WHEREAS, on July 15, 2013, the City of Pittsburg City Council adopted Title 9, Division II, Chapter 9.25 “Social Host Ordinance” with Ordinance No. 13-1374. The City Council found that underage drinking is a serious threat to public health and safety and gatherings on private property where alcohol is consumed by underaged persons is a serious problem in the City of Pittsburg. The intent of the Ordinance was to protect the public peace, health, safety or general welfare by minimizing occurrences of underage drinking and by minimizing gatherings that threaten the safety on the streets and in the neighborhood.
Social host ordinances prevent underage drinking parties by holding the host (e.g., parents or other adults) accountable for these parties. As adopted, the Social Host Ordinance only applies to underage use of alcohol. In Contra Costa County, many cities, including Danville, Orinda, and Moraga, have amended their social host ordinances to include provisions for cannabis. The Creating Healthy Communities Project propose an amendment to the Social Host Ordinance to include provisions for cannabis; and
WHEREAS, in May 1997, California State Parent Teacher’s Association Convention Delegates adopted Regulations for Liquor Licenses Near Schools, which was later reviewed and deemed relevant in November 2017. These regulations encourage councils and districts to urge city and county agencies to develop and implement legislation that would deny the licensing of any establishment which sells alcoholic beverages within 600 feet of schools; and
WHEREAS, California is implementing legislation aimed at enhancing alcohol education within schools. Assembly Bill 2865 mandates that California public schools provide expanded instruction on the short- and long-term harms of excessive alcohol consumption. This includes education on alcohol's links to chronic diseases, mental health issues, and death. The law allows school boards to determine the appropriate grade levels for this instruction and seek state reimbursement for associated costs. Consistent with recently enacted State legislation on alcohol use, the Creating Healthy Communities 378
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Ordinances were developed by building upon the State’s initiatives to eliminate underage consumption of substances, promote public health, and create safer environments for the Pittsburg community; and
WHEREAS, on August 15, 2022, the Pittsburg City Council Agenda included a Presentation titled “A study on Tobacco, Alcohol and Cannabis Policy Options”, in conjunction with a Report titled “Tobacco and Cannabis Policy Options”. The Report, included as Attachment 3 to this item’s Staff Report, referenced the American Lung Association’s SOTC of 2022, as well as the City of Pittsburg’s overall grade of “F”. The Presentation and Report detailed options for policy improvements related to tobacco, alcohol, and cannabis sales, marketing, and use within the City. At the meeting, City Manager Garrett Evans suggested the formation of an Ad-Hoc Subcommittee to ensure that any policy adoption is comprehensive and supports the concerns of both the Pittsburg City Council and the Pittsburg community. This item was reviewed across multiple meetings held between 2022 and 2025, wherein which the Ad-Hoc Subcommittee provided staff guidance on overall draft Ordinance regulations, community engagement efforts, and general feedback to ensure an equitable, business-friendly, and effective rollout of the proposed Ordinances; and
WHEREAS, the proposed Creating Healthy Communities Ordinances have been reviewed across multiple community meetings held between 2023 and 2025. Held in-person and virtually, these community meetings consisted of a staff PowerPoint presentation providing updates of the proposed Ordinances, followed by informational items related to the Ordinances, and further guiding the public through the Ordinance adoption process. Staff was available to answer questions, receive feedback, and maintain community involvement in the Ordinance drafting process; and
WHEREAS, the proposed Ordinances would not change or conflict with any General Plan Goal or Policy prescribed by the General Plan. The proposed amendments would implement standards related to the sale, marketing, and use of alcohol, tobacco, and cannabis in the City with the intent to create a healthier community for the City of Pittsburg, furthering General Plan Policy 2-P-1.2, 2-P-1.3, Action 2-A-2.a, and Action 2-A-2.b; and WHEREAS, PMC Section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to the Zoning Text, and PMC Section
18.48.030(A) requires that the Planning Commission determine, prior to making its recommendation, whether or not 1) the change proposed is consistent with the Objectives, Policies, general Land Uses and Programs specified in the General Plan and applicable Specific Plan; 2) in the case of a Base District, Overlay District or General Land Use Regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the Land Use District for which it is proposed; 3) a community need is demonstrated for the change proposed; and 4) its adoption would be in conformity with public convenience, general welfare and good zoning practice. The City Council must now also make these specific findings in the affirmative, in accordance with PMC Section
18.48.030; and
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WHEREAS, on August 27, 2024, the Planning Commission held a public hearing to consider the proposed Pittsburg Municipal Code Text Amendments. Following public testimony and deliberations, the Planning Commission adopted Resolution No. 10253, recommending City Council introduction and adoption of the proposed text amendments for the Creating Healthy Communities Text Amendments, as proposed; and WHEREAS, this amendment of the Pittsburg Municipal Code is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the State CEQA Guidelines, Section 15061(b)(3), in that the activity in question consists of text amendments that would not result in a physical impact on the environment. The proposed amendments to the PMC do not include any mapping changes that would allow new uses in areas not previously permitted, and the text amendments and clarifications proposed would not result in any direct significant negative physical impacts on the environment. If the City Council adopts the Creating Healthy Communities Ordinances Amendments, staff will file a Notice of Exemption with the Contra Costa County Clerk- Recorder’s Office pursuant to Public Resources Code Sections 21108(b) and 21152(b); and WHEREAS, on or prior to April 31, 2025, notice of the May 19, 2025, City Council public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; was mailed via first class mail or electronic mail to all tobacco retailers and alcoholic beverage sales or service business owners and landlords of the alcoholic beverage sales or service establishment; and was mailed via first class mail or electronic mail to all interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091. The notice was also posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribers of the City of Pittsburg.
WHEREAS, on May 19, 2025, the City Council held a duly-noticed public hearing to introduce and waive first reading of two Ordinances for the Creating Healthy Communities Project: 1) Amending Titles 5, 8, 9, and 18 of the Pittsburg Municipal Code to Revise Requirements for a Tobacco Retailer License, Limit Smoking in Specific Locations, Update the Social Host Ordinance, and Add Requirements for Cannabis Businesses, consistent with state law; and 2) Amending Title 18 of the Pittsburg Municipal Code, Adding Article XXII to Chapter 18.84 to establish Alcohol Performance Standards, at which time oral and/or written testimony was considered.
NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:
Section 1. Findings.
A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.
B. Based on the City Council Staff Report entitled, “Adoption of two Ordinances for the Creating Healthy Communities Project: 1) Amending Titles 5, 8, 9, and 18 of the Pittsburg Municipal Code to Revise Requirements for a Tobacco Retailer License, Limit Smoking 380
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in Specific Locations, Update the Social Host Ordinance, and Add Requirements for Cannabis Businesses, consistent with state law; and 2) Amending Title 18 of the Pittsburg Municipal Code, Adding Article XXII to Chapter 18.84 to establish Alcohol Performance Standards, AP-23-0145 (RZ – Text Amendment)” dated June 2, 2025, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:
1. The proposed Zoning Text Amendment is consistent with and conforms to the 2040 General Plan. The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:
A. The proposed Ordinances would prohibit an overconcentration of alcohol, tobacco, and cannabis uses by establishing a minimum separation distance of 500 feet between tobacco and/or cannabis retailers. Further, the proposed Ordinances would prohibit new or more intense alcoholic beverage sales or service establishments from locating within 600 feet of a sensitive land use, as described in the proposed Ordinances.
B. The proposed regulations ensure compliance with General Plan Policy 2-P-
1.2 and Policy 2-P-1.3, which promotes “land use compatibility through development standards, use restrictions, environmental review, and design considerations and ensures “consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations.” In addition, the Action 2-A-2.b requires the implementation of Zoning Code amendments and internal Planning staff procedures to “consider project compatibility during development review with existing surrounding land uses and ensure that mitigation is provided to make certain that sensitive uses—such as schools, and parks—are not subject to hazardous or unhealthy conditions.” As part of the Creating Healthy Communities Ordinances, specific buffers between noncompatible uses are proposed, and land use regulations have been added to ensure compliance with these General Plan Policies.
C. General Plan Action 2-A-2.a requires the City to ensure that buffers, including landscaping, berms, parking areas, and storage facilities, are used to separate potentially incompatible uses in the City. The proposed Ordinances would require a minimum separation of 600 feet between new or more intense alcohol sales or service establishments and developments primarily utilized by sensitive receptors. In addition, the General Plan Action 2-A-2.b requires the City to ensure “that sensitive uses—such as schools, and parks—are not subject to hazardous or unhealthy conditions”. Adoption of the proposed amendments would require the City to review all proposals for new alcohol sales or service establishments in the City to ensure compliance with all standards included herein. The proposed amendment allows for inspection and enforcement of noncompliant establishments, which further complies with the General Plan’s Goals and Policies.
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2. The proposed Creating Healthy Communities Ordinances amendments are consistent with the Objectives, Policies, general Land Uses and Programs specified in the General Plan, in that the proposed amendments only further solidify the goals and policies of the 2040 General Plan with regard to the consideration of project compatibility with existing surrounding land uses. The proposed Creating Healthy Communities Ordinances would establish a buffer between new or expanded alcohol, tobacco, and cannabis retailers or businesses and would establish a buffer between a new retailer and any sensitive use or receptor. In addition, the Ordinances propose to regulate smoking in multi-unit housing, which would further ensure equitable health for residents.
3. A community need is demonstrated for the Creating Healthy Communities Ordinances, in that various data from credible research that has been conducted with alarming findings, such as impacts of underage and/or excessive alcoholic beverage consumption. Eliminating the potential for alcoholic beverage sales or service establishments in close proximity to youth oriented facilities ensure that sensitive uses and sensitive receptors are adequately separated.
4. The adoption of the Creating Healthy Communities Ordinances would be in conformity with public convenience, general welfare and good zoning practice, in that Performance Standards for alcohol and cannabis, the inclusion of Cannabis in the Social Host Ordinance amendment, and the proposed Tobacco Retailer License regulations will discourage the youth in the community from potential exposure to second-hand smoke and underage alcohol, cannabis, or tobacco use. The Ordinances would overall establish a cleaner and safer environment within the City of Pittsburg in terms of air quality, public nuisances, protection of the City’s youth population, and other community-benefitting regulations, as described in the proposed Ordinances.
5. The adoption of the Creating Healthy Communities Ordinances would be in conformity with public convenience, general welfare and good zoning practice, in that Performance Standards for alcohol and cannabis, the inclusion of Cannabis in the Social Host Ordinance amendment, and the proposed Tobacco Retailer License regulations will discourage the youth in the community from potential exposure to second-hand smoke and underage alcohol, cannabis, or tobacco use. The Ordinances would overall establish a cleaner and safer environment within the City of Pittsburg in terms of air quality, public nuisances, protection of the City’s youth population, and other community-benefitting regulations, as described in the proposed Ordinances. Consistent with recently enacted State legislation on alcohol, tobacco, and cannabis use, the Creating Healthy Communities Ordinances were developed by building upon the State’s initiatives to curb underage consumption, promote public health, and create safer environments for communities. These Ordinances aim to reinforce Statewide efforts by establishing local regulations tailored to Pittsburg-specific needs, such as stricter enforcement of age verification and the creation of designated zones for legal consumption. Additionally, the Ordinances seek to limit the availability of substances in areas near schools, parks, and other places frequented by minors, ensuring that access to alcohol, tobacco, and 382
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cannabis products by minors is closely monitored and controlled. By implementing these Ordinances, the City would establish a comprehensive approach to reducing substance misuse, while fostering healthier environments that support youth development, reduce health disparities, and establish community well-being.
Section 2. Amendment. Title 18 is hereby amended to add Article XXII to Chapter 18.84 as set forth below:
Article XXII. Alcoholic Beverages.
18.84.1000 Purpose and Applicability
These regulations are established to comply with state law and state agency regulations, to better define, regulate, and enforce the sale, service, marketing, and consumption of alcohol in the city, and overall, to create a healthier community. The city finds that the imposition of standards and conditions are tailored to allow the business establishment to flourish while meeting the city’s public health and safety needs. This approach would also avoid placing unnecessary conditions on existing businesses with a history of compliance with city laws and requirements.
18.84.1005 Definitions
The following words and phrases as used in this chapter are defined as follows:
A. “ABC license” means the license issued by the State of California Department of Alcoholic Beverage Control.
B. “Alcoholic Beverage” means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, that meets the following criteria: (1) contains one-half of one percent or more of alcohol by volume; (2) is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances; and (3) sales of which require a State of California Department of Alcoholic Beverage Control License.
C. “Alcoholic Beverage Sales or Service Establishment” means any business that requires a State of California Department of Alcoholic Beverage Control License.
D. “Sensitive Use” or “Sensitive Land Use” means schools, youth and day care centers, parks, playgrounds, hospitals, elder care facilities, places of religious assembly, and other locations as deemed appropriate by the Zoning Administrator.
18.84.1010 Use Permit Required
No person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Use Permit unless the sale or service is associated with a bona fide eating place, as defined by the State of California 383
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Department of Alcoholic Beverage Control (“ABC”), in which case, the applicable land use regulation specific to the zoning district shall apply.
18.84.1015 Specific Findings Necessary for Use Permit for Alcoholic Beverage Sales or Service Establishment
The City Council or Planning Commission may only grant a Use Permit for an Alcoholic Beverage Sales or Service Establishment if it makes all the following findings, in addition to the findings required for approval of the Use Permit in accordance with PMC Section 18.16.040:
A. The location and operating characteristics of the proposed alcohol sales will not adversely affect sensitive land uses, as defined by PMC Section 18.84.1005.
For the purposes of this chapter, "adversely affect" means to impact in a substantial, negative manner the safety, economic value, habitability, or use of properties in the immediate area; and
B. The impacts of any nearby discretionary land use that is already subject to a Use Permit and that also engages in alcoholic beverage sales or service are not increased; and
C. Conditions are placed on the use that reduce, manage, minimize, mitigate, or eliminate impacts to public health and safety, including, but not limited to, interior and exterior restrictions such as noise controls, location and use of parking areas, sound barriers, and other performance standards.
18.84.1020 Restrictions Upon Alcoholic Beverage Sales or Service Establishments A. All new or expanded alcoholic beverage sales or service establishments must comply with Pittsburg Municipal Code Article XXII.
1. For the purpose of this subsection, a new establishment is one that obtains a City of Pittsburg Business License on or after January 1, 2026.
2. For the purpose of this subsection, an existing establishment is one that obtains a City of Pittsburg Business License on or before December 31, 2025.
B. A legal nonconforming alcohol sales or service establishment use is one that is defined by PMC Chapter 18.76, in addition to those locations in a census tract with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by the State of California Department of Alcoholic Beverage Control Board. If the use of alcohol sales or service is considered a legal non-conforming, the use is subject to non-conforming use limitations described therein.
18.84.1025 Performance Standards for Alcoholic Beverage Sales or Service Establishments
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An alcoholic beverage sales or service establishment shall meet the minimum standards below.
A. A Use Permit shall be reviewed and approved by the Planning Commission or City Council prior to operating or establishing a business. Additionally, no person shall dispense for sale or other consideration, alcoholic beverages, including beer, wine, malt beverages, and distilled spirits, for on-site or off-site consumption without first obtaining a Use Permit, unless the sale or service is associated with a bona fide eating place, as defined by the State of California Department of Alcoholic Beverage Control, in which case, the applicable land use regulation specific to the underlying zoning district shall apply.
B. A copy of the Use Permit, conditions of approval, and the ABC license must be kept on the premises and presented to any law enforcement officer or authorized city official upon request.
C. The use shall not be located within 600 feet of sensitive land uses in the surrounding area as measured from the main entrance of the alcohol sales or service establishment to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. However, in no event shall an alcoholic beverage sales or service establishment be located less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the alcoholic beverage sales or service business to the nearest parcel boundary of the other use.
1. This minimum distance requirement shall not apply if the sale or service of alcoholic beverages is associated with a bona fide eating place, as defined by the State of California Department of Alcoholic Beverage Control, in which case, the applicable land use regulation specific to the underlying zoning district shall apply.
2. This minimum distance requirement shall not apply to uses within the “Downtown” Subarea of the General Plan or any commercially zoned area(s) larger than 10 congruent acres, excepting therefrom any public roadways that may intersect.
3. This minimum distance requirement shall not apply to grocery stores or drug stores.
D. The use shall not be located in a census tract with more than the recommended maximum concentration of the applicable on- or off-premises sales use, as recommended by the State of California Department of Alcoholic Beverage Control Board, or with a high crime rate as reported by the Pittsburg Police Department unless the City Manager, in consultation with the Chief of Police, has made a determination of public convenience or necessity as provided for by State law.
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E. Sale of alcoholic beverages shall be limited to 8:00 AM to 10:00 PM, daily, unless the City Council or Planning Commission has approved a Use Permit allowing for additional hours of operation; however, the sale of beer and wine within a bona fide eating place shall be restricted to between the hours of 6:00 AM to 12:00 AM.
F. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the premises for off-sale alcoholic beverage sales or service establishments. For on-sale alcoholic beverage sale and service establishments, consumption of beverages must follow the PMC regulations and applicable Outdoor Dining Permit, as required by PMC 18.84.430, for regulations for outdoor sale, service, or consumption of alcoholic beverages.
G. The sale of the following products for off-site consumption within any business not legally operating on or prior to December 31, 2025, shall be prohibited unless the City Council or Planning Commission has approved a Use Permit explicitly allowing for:
1. Wine in containers less than 750 milliliters.
2. Distilled spirits in containers less than 375 milliliters.
3. Malt beverage products, including flavored malt beverage products, with alcohol content greater than 5.5% by volume. A ‘flavored malt beverage’ product is a malt beverage product to which is added an alcoholic or other flavoring ingredient and is labeled or packaged in a manner that is similar to labeling or packaging used for non-alcoholic beverages such as sodas, teas, lemonades, fruit punches, energy drinks, and slushes.
4. Wine with an alcoholic content greater than 14% by volume unless in corked bottles and aged at least two years.
5. Single containers of beer or malt liquor less than 24 ounces.
H. The owner or operator of the use shall prevent loitering or other activity that would be a nuisance to the public. Notices shall be prominently displayed that prohibit loitering and littering and request patrons not to disturb neighbors or block driveways.
I. The alcoholic beverage sales or service establishment shall be maintained free of litter and graffiti at all times. The owner or operator is responsible for daily removal of trash, litter, and debris from the premises and on all abutting sidewalks and streets within twenty feet of the premises.
J. Alcoholic beverage sales or service establishments shall be limited to 10% window signage. All signage proposed shall follow PMC Title 19 for sign regulations.
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K. No alcoholic beverage sales or service establishments located in a building or structure with exterior windows shall block visibility into the interior business area through the use of curtains, closed blinds, tints, or any other material that hides, obstructs, blurs, or unreasonably darkens the view into the establishment.
L. The following signs shall be prominently displayed in a readily visible manner:
1. "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age."
2. "No loitering or public drinking."
M. All businesses that engage in retail alcoholic beverage sales or service shall be subject to inspection by the Chief of Police, or their designee, to ensure that criminal or nuisance activities are not occurring on or near the premises.
N. The alcoholic beverage sales or service establishment shall not result in jeopardizing, endangering, or any other adverse effects to the health, peace or safety of persons residing or working in the surrounding area.
O. The alcoholic beverage sales or service establishment shall not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
P. The alcoholic beverage sales or service establishment shall not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance, or statute.
Q. The alcoholic beverage sales or service establishment shall operate with characteristics that are compatible with, and will not adversely affect, the livability or appropriate development of abutting properties and the surrounding area.
R. If the alcoholic beverage sales or service establishment operates in violation of the Alcohol Performance Standards as described in PMC Section 18.84.1020, any adopted Condition of Approval, or any other regulation prescribed by the PMC, the Planning Commission may revoke the Use Permit using the “Grounds for Revocation of Use Permit or Variance” pursuant to PMC Section 18.28.100.
Revocation of the establishment’s Business Permit may also commence, pursuant to PMC Section 5.12.200, “Grounds for Revocation”.
Section 3. Severability.
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If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.
Section 4. Publication.
The Ordinance shall be posted and published in accordance with the California Government Code.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on May 19, 2025, and was adopted and ordered published at a regular meeting of the City Council held on June 2, 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Jelani Killings, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Introduce and waive first reading of two Ordinances for the Creating Healthy Communities Project: 1) Amending Titles 5, 8, 9, and 18 of the Pittsburg Municipal Code to Revise Requirements for a Tobacco Retailer License, Limit Smoking in Specific Locations, Update the Social Host Ordinance, and Add Requirements for Cannabis Businesses, consistent with state law; and 2) Amending Title 18 of the Pittsburg Municipal Code, Adding Article XXII to Chapter 18.84 to establish Alcohol Performance Standards, AP -23-0145 (RZ – T ext Amendment)
MEETING DATE: May 19, 2025
EXECUTIVE SUMMARY
This is a public hearing on a request to introduce and waive first reading of two ordinances for the Creating Healthy Communities Project: 1) Amending Titles 5, 8, 9, and 18 of the Pittsburg Municipal Code to Revise Requirements for a Tobacco Retailer License, Limit Smoking in Specific Locations, Update the Social Host Ordinance, and Add Requirements for Cannabis Businesses, consistent with state law; and 2) Amending Title 18 of the Pittsburg Municipal Code, Adding Article XXII to Chapter 18.84 to establish Alcohol Performance Standards.
FISCAL IMPACT
There is no direct impact to the General Fund if the proposed Ordinances are adopted.
However, there may be a positive fiscal impact on the City’s overall revenue, resulting from the collection of fees associated with the Tobacco Retailer License requirements. If adopted and once active, the City will receive funds associated with the Tobacco Retailer License at both the initial issuance of the Tobacco Retailer License and the annual renewal fees paid by the tobacco retailer. These funds will support the administration, monitoring, and enforcement of the tobacco licensing requirements. The total annual fiscal impact will vary based on the number of active tobacco retailers in the City and the fee structure for the Tobacco Retailers License, which would be finalized through a future resolution adopted by the City Council.
RECOMMENDATION
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City Council open the public hearing; take public comment; close the public hearing and take the following action:
Introduce, waive further reading, and pass to second reading, two ordinances, attachments 1(a) and 1(b) approving amendments to the Pittsburg Municipal Code for the Creating Healthy Communities Project: 1) Amending Titles 5, 8, 9, and 18 of the Pittsburg Municipal Code to Revise Requirements for a Tobacco Retailer License, Limit Smoking in Specific Locations, Update the Social Host Ordinance, and Add Requirements for Cannabis Businesses, consistent with S tate law; and 2) Amending Title 18 of the Pittsburg Municipal Code, Adding Article XXII to Chapter 18.84 to establish Alcohol Performance Standards for the Creating Healthy Communities Project, AP-23-0145 (RZ – Text Amendment).
BACKGROUND
The proposed request is to amend various Chapters of the Pittsburg Municipal Code (PMC) for the Creating Healthy Communities Ordinances. The following information details the City of Pittsburg’s previously adopted
ordinances regarding the topics of tobacco, alcohol, and cannabis uses in the City. The background discussion below provides detail of the associated State legislation and propositions granting local governments the authority to enforce regulations specific to alcohol, tobacco and cannabis sale, marketing, and use. The background concludes with information pertaining to the formation of the Creating Healthy Communities Ad-Hoc Subcommittee, public outreach initiatives, as well as previous reports prepared that are specific to the underage use of alcohol, tobacco, and cannabis, which further prompted and increased the urgency of developing the proposed Creating Healthy Communities Ordinances.
PMC Title 8 – Chapter 8.20 “Smoking in Public and Workplaces”
On August 1, 1994, the City of Pittsburg City Council adopted Title 8, Chapter 8.20 “Smoking in Public and Workplaces” (City Council Ordinance No. 94-1087). The intent of the Ordinance was to generally promote the health, safety, and welfare of all people in the community against the health hazards of harmful effects of the use of addictive tobacco products. It prohibited indoor smoking in various public spaces and within certain areas of workplaces.
The Ordinance was modified in both 1995 and 2014 with City Council Ordinances 95- 1098 and 14- 1382 to further clarify the Smoking in Public and Workplaces Ordinance and to regulate the use of electronic smoking devices. The Creating Healthy Communities Ordinances propose an amendment to Smoking in Public and Workplaces.
PMC Title 5, Division II, Chapter 5.68, “Tobacco Retailer License”
On May 3, 1999, the City of Pittsburg City Council adopted Ordinance No. 99- 1157, Adding New Chapter 5.68 to Division II of Title 5 of the Municipal Code Concerning Tobacco Advertisements and Retailer License Requirements, referred to as “Tobacco Retailer License”. The purpose of the Ordinance was to (1) promote the welfare of minors by discouraging the commercial exploitation of the potential underage tobacco users, (2) discourage actions that promote the unlawful sale of tobacco products to minors, (3) discourage the unlawful purchase or possession of tobacco products by minors. PMC Title 5, Chapter 5.68 has not been amended since its adoption in 1999. The Creating Healthy 390
Communities Ordinances propose an amendment to the Tobacco Retailer License, as detailed within the original 1999 Ordinance.
PMC Title 9, Division II, Chapter 9.25, “Social Host Ordinance”
On July 15, 2013, the City of Pittsburg City Council adopted Title 9, Division II, Chapter 9.25 “Social Host Ordinance” with Ordinance No. 13- 1374. The City Council found that underage drinking is a serious threat to public health and safety and gatherings on private property where alcohol is consumed by underaged persons is a serious problem in the City of Pittsburg. The intent of the Ordinance was to protect the public peace, health, safety or general welfare by minimizing occurrences of underage drinking and by minimizing gatherings that threaten the safety on the streets and in the neighborhood. Social host ordinances prevent underage drinking parties by holding the host (e.g., parents or other adults) accountable for these parties. As adopted, the Social Host Ordinance only applies to underage use of alcohol. In Contra Costa County, many cities, including Danville, Orinda, and Moraga, have amended their social host ordinances to include provisions for cannabis. The Creating Healthy Communities Project propose an amendment to the Social Host Ordinance to include provisions for cannabis.
PMC Title 18, Division V, Chapter 18.88, “Cannabis Uses”
On February 16, 2016, Title 18, Division V, Chapter 18.88 “Cannabis Uses” was adopted with City Council Ordinance No. 16-1403. This prohibited medical cannabis cultivation in the City.
Title 5 and 18 were amended with City Council Ordinances No. 16-1414 and No. 16-1415, to further regulate and/or ban medical cannabis uses in the City and to regulate and/or ban non- medical cannabis uses in the City. Further, City Council Ordinance No. 18-1448 was adopted to amend Title 18 to allow for use of cannabis in medical and non- medical product manufacturing. City Council Ordinance No. 21-1492 further amended Title 5 and 18 to allow for commercial cannabis business permitting. The Creating Healthy Communities Ordinances propose an amendment to PMC Chapter 18.88.
California Assembly Bill 71 of 2003 (AB-71)
On October 12, 2003, AB -71 was enacted which requires a statewide licensing program for tobacco manufacturers, importers, wholesalers, distributors, and retailers. Effective January 1, 2004, California Business and Professions Code Division 8.6, Cigarette and Tobacco Products Licensing Act of 2003, Chapter 1, General Provisions and Definitions, Section 22971.3 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. A local tobacco retail license is generally adopted to (1) create more comprehensive restrictions than State law on the sale or marketing of tobacco products in the retail environment; (2) allow for meaningful penalties for violation of tobacco control laws such as license suspension; and (3) help fund local enforcement of tobacco control laws through the licensing fee.
California Parent Teacher’s Association Regulation of Liquor Licenses Near Schools
In May 1997, California State Parent Teacher’s Association Convention Delegates adopted Regulations for Liquor Licenses Near Schools, which was later reviewed and deemed relevant in November 2017. These regulations encourage councils and districts to urge city and county agencies to develop and implement legislation that would deny the licensing of any establishment which sells alcoholic beverages within 600 feet of schools. 391
American Lung Association (ALA), State of Tobacco Control (SOTC)
In January 2025, the ALA released its annual report of SOTC, which is a report that tracks the progress on key tobacco control policies at the State and local level by assigning grades to municipalities based on jurisdiction-specific tobacco control and reform. While the State of California is considered a leader in combating the tobacco industry at the federal level, the City of Pittsburg, included in the Contra Costa County section of the SOTC report, has consistently scored an “F” over the last several years. This grade is determined by evaluating the following criteria in the City: “Smokefree Housing”, “Reducing Sales of Tobacco Products”, “Restriction on Flavored Tobacco Products”, “Smokefree Outdoor Air” and “Emerging Issues Bonus Points”. Emerging issues include minimum pack sizes for cigars, minimum price for cigarettes, tobacco retailer location restrictions, and the sale of tobacco products in pharmacies. The 2025 Annual SOTC Report is included as Attachment 2 to this Staff Report, with Contra Costa grades available on page 21 of the Report.
California Proposition 31 of 2022 (Proposition 31)
On November 8, 2022, California voters passed Proposition 31, which upholds Senate Bill 793 of 2020 (SB 793) that prohibits the sale of certain flavored tobacco products, including flavor enhancers. The prohibition includes flavored e- cigarettes and vapes, flavored e-juice, pods, and cartridges, menthol cigarettes, flavored little cigars and cigarillos, flavored smokeless tobacco products, flavored blunt wraps, flavored loose-leaf roll-your-own tobacco, flavored tobacco rolling papers, and tobacco product flavor enhancers. The following items are not prohibited by state law and would not be prohibited with the Creating Healthy Communities Ordinances Amendment: flavored hookah/shisha, flavored loose- leaf pipe tobacco, and flavored premium cigars costing $12 or more.
California Legislation of 2025
In 2025, California is implementing significant legislative changes to regulate tobacco and cannabis products, aiming to enhance public health protections and streamline industry operations. For tobacco, Assembly Bill (AB) 3218 and Senate Bill (SB) 1230, effective January 1, 2025, strengthen the state's flavored tobacco laws by prohibiting the sale of flavored tobacco products unless they are listed on an "Unflavored Tobacco List" (UTL) maintained by the Attorney General. These laws also ban online and delivery sales of unapproved flavored tobacco products, update definitions , and increase penalties for noncompliant retailers.
Additionally, the State is investing over twenty-eight million dollars in funds through a Tobacco Grant Program to combat the illegal sale of tobacco products to minors.
Further, California is implementing legislation aimed at enhancing alcohol education within schools. Assembly Bill 2865 mandates that California public schools provide expanded instruction on the short- and long-term harms of excessive alcohol consumption. This includes education on alcohol's links to chronic diseases, mental health issues, and death. The law allows school boards to determine the appropriate grade levels for this instruction and seek state reimbursement for associated costs.
Consistent with recently enacted State legislation on alcohol, tobacco, and cannabis use, the Creating Healthy Communities Ordinances were developed by building upon the State’s initiatives to eliminate underage consumption of substances, promote public health, and create safer environments for the Pittsburg community.
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Public Notification and Involvement
Throughout Fall of 2023 and Summer of 2024, staff notified residents at various community outreach events of the upcoming Creating Healthy Community project. This outreach was primarily verbal, accompanied by informational fliers. More specifically, in October 2023, staff began public outreach initiatives, notifying the public of the upcoming Creating Healthy Communities project, upcoming public hearings, and details pertaining to the proposed Ordinances. Staff received feedback from local tobacco and alcohol advocacy groups during this outreach period, which further aided in the refinement of the proposed Ordinances language.
In May 2024, staff developed a “Creating Healthy Communities” webpage on the City of Pittsburg website to further increase project transparency and public involvement in the Ordinance adoption processes.
In August 2024, staff distributed a notification to all interested parties and to all active businesses involving the sale, service, advertisement, or use of tobacco, alcohol, and cannabis products, notifying them of the proposed Creating Healthy Communities Ordinances and detailing how they may obtain additional information on the matter if needed. This outreach included a publication in the East County Times local newspaper, posting of the proposed Ordinances on the City’s social media, mailing via first class mail and emailing of the proposed Ordinances to all licensed alcohol and tobacco sales and service establishments, and hand delivery of the proposed Ordinances to businesses in the City of Pittsburg that currently sell or serve alcohol or tobacco products.
In August 2024, staff distributed a notification to all interested parties and to all active businesses involving the sale, service, advertisement, or use of tobacco, alcohol, and cannabis products, notifying them of proposed community workshops to receive community feedback regarding the proposed ordinances, and to clarify requirements for existing businesses within the City of Pittsburg. Notification was mailed via USPS and emailed to interested parties, and to business owners and operators that sell or serve alcohol or tobacco products in the City of Pittsburg.
On September 5, 2024, staff held a virtual meeting with members of the community to discuss the proposed Ordinance’s regulations for existing and proposed tobacco and alcohol businesses within the City. Topics also included informational items for the public, guiding the community on the process of Ordinance adoption, Ordinance implementation, how to provide public comment on the proposed Ordinances, and overall, how the adoption of the proposed Ordinances would impact the City of Pittsburg business community. Later that day, staff held an additional community meeting in person at City Hall to discuss the proposed Ordinances with community members that preferred in-person attendance, rather than virtual. Hard copies of the Ordinances were distributed for public review, and staff contact information was distributed at both sessions to provide community members with a direct point of contact to address any remaining questions pertaining to the proposed Ordinances.
Between 2024 and early 2025, staff held an additional six community meetings, structured to inform business owners and general public of the proposed Ordinances, to clarify specific details included within the proposed Ordinances, and to answer questions and address concerns. These community meetings were held virtually and in person, during both business hours and evening hours, to ensure increased public accessibility and participation.
Planning Commission Hearings on Proposed Ordinances
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This item was publicly noticed and included as a public hearing item on the October 24, 2023, Planning Commission agenda, at which time, staff requested a continuance of the item to a date to be determined. The Planning Commission granted the requested continuance.
On August 27, 2024, the Planning Commission held a public hearing to consider the proposed Pittsburg Municipal Code Text Amendments. Following public testimony and deliberations, the Planning Commission adopted Resolution No. 10253, included as Attachment 4 to this Staff Report, recommending City Council introduction and adoption of the proposed text amendments for the Creating Healthy Communities Text Amendments, as proposed.
Included with this recommendation was the inclusion of a revision to the proposed Ordinance included as Attachment 1(a) to Planning Commission Agenda Item No. 3. The revision made by this Resolution was an amendment to the effective date of proposed implementation for Tobacco Retailer Licensing requirements, smoking prohibitions in multi -unit residences, and clarification of the difference between “new” businesses and “existing” businesses. Additional revisions to the Ordinances have removed the requirement to add smoking prohibition language within the lease agreements for multi -unit housing developments. These revisions have been incorporated within the proposed Ordinances to specify a revised effective date of six months following adoption of the Ordinances (January 1, 2026).
PROJECT DESCRIPTION:
The PMC provides guidance and instruction for regulating tobacco, alcohol, and cannabis uses in the City through various provisions including, but not limited to, Title 5, Division II, Chapter 5.68 “Tobacco Retailer License”, Title 8, Chapter 8.20 “Smoking in Public and Workplaces”, Title 9, Division II, Chapter 8.20 “Social Host Ordinance”, and Title 18, Division V, Chapter 18.88 “Cannabis Uses”. While the provisions listed within these chapters have allowed the City to enforce the law and address any public nuisances pertaining to tobacco, alcohol, and cannabis in the City, the proposed Text Amendment includes revisions to comply with most recent state law, to better define, regulate, and enforce the sale, marketing and use of alcohol, tobacco, and cannabis products in the City, and to overall, create a healthier community.
The Creating Healthy Communities Ordinances Amendment began with an analysis of the PMC regulations specific to tobacco, cannabis, and alcohol uses. In particular, the analysis included the review of sales, marketing, and use of all three substances in the City. Each substance was evaluated based on its existing health impact on the public, existing law in effect, potential policy options for the local government to adopt, and the legal authority of the local government with relation to the substance in general. Upon completion of the analysis, a report titled “Tobacco and Cannabis Policy Options” (Staff Report Attachment 3) was presented to the members of the City Council on August 15, 2022. At that meeting, a “Creating Healthy Communities” Ad- Hoc Subcommittee was established with the goal to regulate (1) tobacco, alcohol, and cannabis sales; (2) tobacco and cannabis use (especially in youth); (3) cannabis use (especially in youth); and (4) to establish alcohol performance standards.
The Creating Healthy Communities Ordinances would be applicable and implemented through text amendments to Titles 5, 8, 9, and 18 of the PMC. The Ordinances would be applicable City Wide with regard to alcohol, tobacco, and cannabis sales, marketing, and use within the City.
PMC Title 5, Division II, Chapter 5.68 would be amended by revising the current Tobacco Retailer’s License requirement, which currently only applies to tobacco retailers that have 394
been found guilty of one or more tobacco- related violations. The revision would require a Tobacco Retailer’s License for all tobacco retailers in the City of Pittsburg. The remaining Chapter would provide regulations regarding the following:
1. Require a tobacco retail license for all tobacco retailers with an annual fee; violating any state, local, or federal law constitutes a license violation.
2. Prohibit smoking in tobacco retailers and in other specified areas.
3. Prohibit self-service displays.
4. Prohibit the sale of flavored tobacco products consistent with the exemptions in California law.
5. Prohibit the sale of electronic cigarette products for new tobacco retailers.
6. Prohibit the distribution of tobacco samples or promotional items.
7. Require a minimum package size for cigars of at least two cigars per pack, unless the price per cigar is a minimum of $10.00 per cigar, excluding all applicable taxes and fees, or any approved businesses which exclusively sells cigar paraphernalia and cigars weighing more than 4.5 pounds per thousand.
8. Prohibit new tobacco retailers within 600 feet of a school, day care, club or lodge used exclusively as a youth center, city -owned park space open to the public, religious assembly, or library.
9. Prohibit new tobacco retailers within 500 feet of existing tobacco or cannabis retailers, excluding grocery and drug stores.
10. Detail exceptions for existing tobacco retailing businesses.
11. Describe transferability of tobacco retailer’s licenses.
PMC Title 8, Chapter 8.20 would be amended to:
1. Revise definitions.
2. Revise the prohibition of smoking in enclosed and unenclosed spaces. State law allows local governments to regulate smoking locations. “Smoke” and “smoking” are defined within proposed Pittsburg Municipal Code Section 8.20.030 amendments. a. Prohibit smoking in multi-unit residences (two or more units), including in areas:
i. Inside the unit
ii. On associated balconies or porches
iii. In indoor common areas
iv. In outdoor common areas
b. Prohibit smoking in outdoor, unenclosed areas, including:
i. Dining areas
ii. Recreational areas
iii. Within 25 feet of business entrances
iv. Service areas
v. Public events
vi. Outdoor worksites
PMC Title 9, Division II, Chapter 9.25 would be amended to:
1. Expand the scope of the existing Social Host Ordinance to include gatherings where unlawful use of cannabis occurs.
PMC Title 18, Division V, Chapter 18.88 would be amended to:
1. Revise definitions
2. Establish Cannabis Performance Standards for commercial cannabis businesses in 395
the City of Pittsburg.
PMC Title 18, Division V, Chapter 18.84, Article XXII would be added to:
1. Establish Alcohol Performance Standards for all alcohol sales in the City of Pittsburg.
This includes:
a. Use Permit Requirements
b. Establish existing alcohol sales and service use regulations c. Regulations regarding proximity to youth- oriented facilities and proximity to other alcoholic beverage sales or service establishments d. Posting and Signage Requirements
e. Hours of Operation limitations
f. Property upkeep requirements
g. Advertisement regulations
h. Inspections and enforcement
i. Overall business operations for alcoholic beverage sales and service establishments
GENERAL PLAN/CODE COMPLIANCE:
City of Pittsburg 2040 General Plan: The proposed amendments would not change or conflict with any General Plan Goal or Policy prescribed by the General Plan. The proposed amendments would implement standards related to the sale, marketing, and use of alcohol, tobacco, and cannabis in the City with the intent to create a healthier community for the City of Pittsburg. The proposed Healthy Communities Ordinances ( “Ordinances”) are in compliance with the General Plan, in that:
1. The proposed Ordinances would prohibit an overconcentration of tobacco and cannabis uses by establishing a minimum separation distance of 500 feet between tobacco and/or cannabis retailers. Further, the proposed Ordinances would prohibit new or more intense alcoholic beverage sales or service establishments from locating within 600 feet of a sensitive land use, as described in the proposed Ordinances.
2. The proposed Ordinances would prohibit issuance of a tobacco retailer’s license to a new business if within 600 feet of a an existing, legally established school, day care, club or lodge used exclusively as a youth center, City-owned park space which is open to the public, religious assembly, or library, as measured from the main entrance of the tobacco retailer to the nearest access point of the other use, following the shortest publicly accessible path of travel, including but not limited to streets, alleys, sidewalks, pathways, or trails. Further, no new license may be issued to authorize new tobacco retailing less than 1,000 feet from any legally established school, as measured by the shortest direct line distance as measured from the main entrance of the tobacco retailer to the nearest parcel boundary of the other use. These distance requirements apply to new businesses that are not lawfully established prior to the adoption and implementation of these Ordinances, as specified within the proposed Ordinances. The proposed regulations ensure compliance with General Plan Policy 2-P- 1.2 and Policy 2-P-1.3, which promotes “land use compatibility through development standards, use restrictions, environmental review, and design considerations and ensures “consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations.” In addition, the Action 2-A- 2.b requires the implementation of Zoning Code amendments and internal Planning staff procedures to “consider project compatibility during development review with existing 396
surrounding land uses and ensure that mitigation is provided to make certain that sensitive uses—such as residences, schools, and parks—are not subject to hazardous or unhealthy conditions.” As part of the Creating Healthy Communities Ordinances, specific buffers between noncompatible uses are proposed, and land use regulations have been added to ensure compliance with these General Plan Policies.
3. General Plan Action 2-A- 2.a requires the City to ensure that buffers, including landscaping, berms, parking areas, and storage facilities, are used to separate potentially incompatible uses in the City. The proposed Ordinances would require a minimum separation of 600 feet between new or more intense alcohol sales or service establishments and developments primarily utilized by sensitive receptors. In addition, the General Plan Action 2-A-2.b requires the City to ensure “that sensitive uses—such as residences, schools, and parks —are not subject to hazardous or unhealthy conditions”. Adoption of the proposed amendments would require the City to review all proposals for new alcohol sales or service establishments in the City to ensure compliance with all standards included herein. The proposed amendment allows for inspection and enforcement of noncompliant establishments, which further complies with the General Plan’s Goals and Policies.
Finally, the proposed Creating Healthy Communities Ordinances would be consistent with General Plan Goals and Policies to facilitate a cleaner, health equitable, and safer community for the residents of the City.
Land Use – Zoning Text Amendment Request (Rezone): The proposed Text Amendments include a request to amend the text within PMC, Title 18, Zoning, Division V, Chapter 18.88, Sections 18.88.010 and 18.88.051 and the addition of Article XXII to Chapter 18.84 of Division V of Title 18 of the PMC. The proposed Text Amendments also include a request to amend PMC Titles 5, 8, and 9. The proposed Ordinances a mending PMC Titles 5, 8, 9, and 18 are attached to this Staff Report as Exhibits 1(a) and 1(b).
Required Findings – Zoning Text Amendment: PMC Section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to the Zoning Text, and PMC Section 18.48.030(A) requires that the Planning Commission determine, prior to making its recommendation, whether or not 1) the change proposed is consistent with the Objectives, Policies, general Land Uses and Programs specified in the General Plan and applicable Specific Plan; 2) in the case of a Base District, Overlay District or General Land Use Regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the Land Use District for which it is proposed; 3) a community need is demonstrated for the change proposed; and 4) its adoption would be in conformity with public convenience, general welfare and good zoning practice.
The Pittsburg Planning Commission recommended City Council introduction and adoption of the proposed Creating Healthy Communities Ordinances on August 27, 2024, as codified within Planning Commission Resolution No. 10253. In order to approve the proposed zoning text changes, the City Council must now determine, in accordance with PMC section
18.48.030, that:
A. the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan;
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B. in the case of a base district, overlay district or general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;
C. a community need is demonstrated for the change proposed; and
D. its adoption would be in conformity with public convenience, general welfare and good zoning practice.
Environmental: This amendment of the PMC is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the State CEQA Guidelines, Section 15061(b)(3), in that the activity in question consists of text amendments that would not result in a physical impact on the environment. The proposed amendments to the PMC do not include any mapping changes that would allow new uses in areas not previously permitted, and the text amendments and clarifications proposed would not result in any direct significant negative physical impacts on the environment. If the City Council adopts the Creating Healthy Communities Ordinances Amendments, staff will file a Notice of Exemption with the Contra Costa County Clerk -Recorder’s Office pursuant to Public Resources Code Sections 21108(b) and 21152(b).
Public Notice: On or prior to April 31, 2025, notice of the May 19, 2025, City Council public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; was mailed via first class mail or electronic mail to all tobacco retailers and alcoholic beverage sales or service business owners and landlords of the alcoholic beverage sales or service establishment; and was mailed via first class mail o r electronic mail to all interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091. The notice was also posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribers of the City of Pittsburg. The Public Hearing Notice is included as Attachment 6 to this Staff Report.
SUBCOMMITTEE FINDINGS
This item was reviewed across multiple meetings held between 2022 and 2025 by the Ad- Hoc Subcommittee, “Tobacco, Cannabis, and Alcohol Policy Review,” often referred to as the “Creating Healthy Communities” or “ATC” Ad-Hoc Subcommittee.
On August 15, 2022, the Pittsburg City Council Agenda included a Presentation titled “A study on Tobacco, Alcohol and Cannabis Policy Options”, in conjunction with a Report titled “Tobacco and Cannabis Policy Options”. The Report, included as Attachment 3 to this Staff Report, referenced the American Lung Association’s SOTC of 2022, as well as the City of Pittsburg’s overall grade of “F”. The Presentation and Report detailed options for policy improvements related to tobacco, alcohol, and cannabis sales, marketing, and use within the City. At the meeting, City Manager Garrett Evans suggested the formation of an Ad -Hoc Subcommittee to ensure that any policy adoption is comprehensive and supports the concerns of both the Pittsburg City Council and the Pittsburg community. Vice Mayor Shanelle Scales-Preston and Council Member Jelani Killings volunteered to join the Ad- Hoc Subcommittee, which was later formalized with a Minute Order at the September 19, 2022, City Council Meeting.
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On December 2, 2022, the Creating Healthy Communities Ad- Hoc Subcommittee met to discuss initiatives related to tobacco, alcohol, and cannabis in the City. Discussion during the Subcommittee meeting reviewed potential policy options pertaining to the creation of a healthy community for the City of Pittsburg. The Subcommittee expressed support and enthusiasm for the development of the Ordinance.
On July 19, 2023, the Creating Healthy Communities Ad- Hoc Subcommittee met to discuss the progress of the Ordinance drafting. Members of the Subcommittee were supportive of the proposal to prohibit smoking in multi -unit housing developments and other outdoor facilities.
Other topics discussed included quantity of compliance checks under the Tobacco Retailers License, process for issuance of administrative citations for tobacco retailers, and whether the City should move forward with more restrictive regulations for tobacco sales, use, and marketing than what State law prescribes. After receiving the comments and feedback, staff further defined compliance checks and administrative citations in the final draft of the Creating Healthy Communities Ordinance. Additionally, staff revised the Ordinance to comply with state law, rather than surpassing what state law dictates, as requested by the Ad- Hoc Subcommittee.
On October 30, 2023, the Creating Healthy Communities Ad- Hoc Subcommittee met to discuss the draft Ordinance and to provide feedback on a potential second Ordinance specifically focused on Alcohol Performance Standards. Members of the Subcommittee recommended exclusion of grocery and drug stores from any proximity limitations included in the proposed Ordinance, as the community benefit of these establishments outweigh proximity restrictions. Further, the Subcommittee recommended Alcohol Performance Standards to be included in the overall Creating Healthy Communities project.
Throughout 2024, the Creating Healthy Communities Ad- Hoc Subcommittee continued to meet on a semi -regular basis to further refine the draft Ordinances. In November of 2024, former Vice Mayor Shanelle Scales-Preston was elected to serve on the Contra Costa County Board of Supervisors (BOS). Following the closure of her tenure on City of Pittsburg City Council in December of 2024, Councilmember Arlene Kobata was appointed to the Ad- Hoc Subcommittee.
On April 28, 2025, the Creating Healthy Communities Ad- Hoc Subcommittee met to further review and discuss key points within the draft proposed Ordinances.
STAFF ANALYSIS:
While conducting public outreach leading up to public hearings on this item, and while listening to community concerns provided at the Planning Commission public hearing on this item, staff identified sections within the proposed Ordinances that could be strengthened to ensure clarity and effective enforcement of the proposed regulations prescribed by the Ordinances.
Staff has included these updates and clarifications within the proposed Ordinances, included as Exhibits 1(a) and 1(b) to this Staff Report. The revisions made to the Ordinances provide enhanced language to further differentiate between existing businesses and proposed businesses that operate alcohol or tobacco businesses in the City, and to further clarify transferability of Tobacco Retailer’s Licenses.
Specifically, the updates to the Ordinance attached to this Staff Report as 1(a) include:
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1. The addition of subsections (F) and (G) to Pittsburg Municipal Code Section 5.68.115 which discuss Tobacco Retailer’s License eligibility to renew and to transfer , which distinguishes regulations for new tobacco retailers and existing tobacco retailers, lawfully conducting business operations prior to the proposed Ordinance’s adoption.
2. The inclusion of an amendment to Pittsburg Municipal Code Section 5.68.090, which discusses Tobacco Retailer’s License transferability.
Additionally, updates to the Ordinance attached to this Staff Report as 1(b) include:
1. Removal and relocation of Alcohol Performance Standard (E), to develop a new section specific to the information included within Alcohol Performance Standard (E), which describes legal, nonconforming businesses. This clarifies proposed Ordinance regulations pertaining to existing alcoholic beverage sales or service establishments, lawfully in operation prior to the proposed Ordinance’s adoption. The relocation of the language within previous Alcohol Performance Standard (E).
2. Additional text was also included to further support the differentiation between new and existing alcoholic beverage establishments. This is described within proposed Pittsburg Municipal Code Section 18.84.1020.
As such, staff believes that these revisions further strengthen the proposed Ordinances, while maintaining the overall goals of the Creating Healthy Communities project of protecting Pittsburg’s youth, decreasing second- hand smoke impacts, and promoting public p eace, safety, and general welfare of the community, while concurrently maintaining a business - friendly approach.
Zoning Text Amendment Findings (Rezone – Text Amendment): In order to adopt the proposed Creating Healthy Communities Text Amendments, the City Council must find that the Text Amendment proposed is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. Additionally, the City Council must find that there is a community need; that the amendment proposed would be in conformity with public convenience, general welfare and good zoning practice, and, in the case of an Base District, Overlay District or General Land Use Regulation, that the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed. Staff believes all findings to support City Council adoption of the Creating Healthy Communities Ordinances Amendments request can be made in the affirmative.
The proposed Creating Healthy Communities Ordinances amendments are consistent with the Objectives, Policies, general Land Uses and Programs specified in the General Plan, in that the proposed amendments only further solidify the goals and policies of the 2040 General Plan with regard to the consideration of project compatibility with existing surrounding land uses.
The proposed Creating Healthy Communities Ordinances would establish a buffer between new or expanded alcohol, tobacco, and cannabis retailers or businesses and would establish a buffer between a new retailer and any sensitive use or receptor. In addition, the Ordinances propose to regulate smoking in multi -unit housing, which would further ensure equitable health for residents. Smoking in enclosed and unenclosed spaces has been studied and has been found to create adverse health effects to those suffering from second- hand smoke illnesses. Eliminating the potential for smoking in enclosed and unenclosed areas in the City will help to ensure that sensitive uses and sensitive receptors are not subject to hazards or 400
unhealthy conditions from potential second-hand smoke. A community need is demonstrated for the Creating Healthy Communities Ordinances, in that various data from credible research that has been conducted with alarming findings listed within Attachment 3 to this Staff Report.
The adoption of the Creating Healthy Communities Ordinances would be in conformity with public convenience, general welfare and good zoning practice, in that Performance Standards for alcohol and cannabis, the inclusion of Cannabis in the Social Host Ordinance amendment, and the proposed Tobacco Retailer License regulations will discourage the youth in the community from potential exposure to second-hand smoke and underage alcohol, cannabis, or tobacco use. The Ordinances would overall establish a cleaner and safer environment within the City of Pittsburg in terms of air quality, public nuisances, protection of the City’s youth population, and other community-benefitting regulations, as described in the proposed Ordinances.
Consistent with recently enacted State legislation on alcohol, tobacco, and cannabis use, the Creating Healthy Communities Ordinances were developed by building upon the State’s initiatives to curb underage consumption, promote public health, and create safer environments for communities. These O rdinances aim to reinforce S tatewide efforts by establishing local regulations tailored to Pittsburg-specific needs, such as stricter enforcement of age verification and the creation of designated zones for legal consumption. Additionally, the Ordinances seek to limit the availability of substances in areas near schools, parks, and other places frequented by minors, ensuring that access to alcohol, tobacco, and cannabis products by minors is closely monitored and controlled. By implementing these Ordinances, the City would establish a comprehensive approach to reducing substance misuse, while fostering healthier environments that support youth development, reduce health disparities, and establish community well-being.
To support an equitable, business -friendly, and effective rollout, the Healthy Communities Ordinances are scheduled to take effect on January 1, 2026. This start date provides approximately six months from the required second reading and official publication, as outlined in the Government Code. The transition period is designed to give local businesses and members of the public adequate time to prepare for implementation. During this six-month period, City staff will host a series of community educational workshops to help familiarize the public and business owners with the new requirements. These workshops will provide guidance, answer questions, and ensure that all stakeholders are well-informed and equipped for compliance by January 1, 2026.
ATTACHMENTS:
1. Proposed Ordinances:
a. Exhibit A, Ordinance Amending Titles 5, 8, 9, and 18 of the Pittsburg Municipal Code, to revise requirements for a Tobacco Retailer License, Limit Smoking in Specific Locations, update the Social Host Ordinance, and Add Requirements for Cannabis Businesses, consistent with state law.
b. Exhibit B, Ordinance Amending Title 18 of the Pittsburg Municipal Code, Adding Article XXII to Chapter 18.84 to establish Alcohol Performance Standards.
2. American Lung Association 2025 Report – State of Tobacco Control
3. Tobacco and Cannabis Policy Options, dated August 15, 2022
4. Planning Commission Resolution no. 10253
5. Memorandum to Planning Commission dated August 27, 2024
6. Public Hearing Notice for Creating Healthy Communities 401
Prepared by: Kelsey Gunter, Associate Planner
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