May 21, 2024
Community Development
DATE: May 21, 2024
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Hector Rojas, Planning Manager
Eva Mann, Code Enforcement Manager
SUBJECT: Extension of Tobacco Retailers Moratorium
FINANCIAL IMPACT: The urgency ordinance extension, if adopted, would be enforced pursuant to routine code enforcement efforts,
which is included within the City’s budget. The ordinance, therefore, is not expected to have any additional fiscal impact on the General Fund.
PREVIOUS COUNCIL
ACTION:
April 16, 2024
STATEMENT OF THE
ISSUE:
On April 16, 2024, the City Council adopted Urgency
Ordinance No. 03-24 N.S., which placed a temporary 45-
day moratorium on any new tobacco retailer within the
City of Richmond and declared an urgency thereof
pursuant to Government Code Section 65858. Staff
recommends that the urgency ordinance be extended
pursuant to Government Code Section 65858 for an
additional 10 months and 15 days, until April 15, 2025, to provide staff with sufficient time to study and engage the public in the establishment of reasonable regulations of tobacco retailers to protect the public health, welfare, and safety.
RECOMMENDED ACTION: ADOPT an urgency ordinance, pursuant to Government Code Section 65858, extending the temporary
moratorium on the issuance of any new permit, license,
or entitlement for any new tobacco retailer in the City of Richmond for an additional 10 months and 15 days, until April 15, 2025. This ordinance is intended to preserve the status quo, and it will not cause a direct physical AGENDA
REPORT
May 21, 2024
change in the environment, nor a reasonably foreseeable indirect physical change in the environment. The
enactment of this ordinance, therefore, does not
constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt
from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines
§§ 15060(c),(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).). - Community Development Department (Lina
Velasco/Eva Mann/Hector Rojas 510-621-1220).
DISCUSSION:
On April 16, 2024, the City Council adopted Urgency Ordinance No. 03-24 N.S., which placed a temporary 45-day moratorium on any new tobacco retailer within the City of Richmond and declared an urgency thereof pursuant to Government Code Section 65858. Staff recommends that the urgency ordinance be extended pursuant to Government Code Section 65858 for an additional 10 months and 15 days, until April 15, 2025, to provide staff with sufficient time to study and engage the public in the establishment of reasonable regulations of tobacco retailers to protect the public health, welfare, and safety.
ANALYSIS/DISCUSSION:
As noted, and presented on April 6 and April 16, the City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through the misconduct of adults. In recent years, the introduction of vaping and smoking of non- tobacco products, identified by the Centers for Disease Control (CDC) as harmful, has created a market for smoking products not currently captured by tobacco sales regulations in the Richmond Municipal Code (RMC). Recently strengthened regulations in other cities put Richmond in a position to be an attractive market for tobacco and vape retailers.
Due to increased complaints and the establishment of unpermitted tobacco retailers, City staff is recommending that the City Council consider establishing a temporary moratorium on new tobacco retailer licenses to address revising the definitions of tobacco products to expressly include vape products and vapor smoking devices; increasing penalties for violations of local laws; and reviewing licensing fees and licensee restrictions. The City Council adopted Ordinance No. 03-24 N.S., which placed a temporary 45-day moratorium on any new tobacco retailer within the City of Richmond and declared an urgency thereof pursuant to Government Code Section 65858. An extension of this moratorium is required so that additional due diligence, studies, and recommendations can be made to adequately protect public health, welfare, and safety.
May 21, 2024
Under the moratorium, legally existing tobacco retailers are permitted to continue operating and obtain renewal of their licenses subject to existing approval and denial standards. The City also reserves the right to suspend or revoke any existing permit, license, or entitlement of tobacco-related businesses under existing standards. The proposed urgency ordinance extension requires a public hearing and a four-fifth vote of the City Council. Following a noticed public hearing, the City Council may subsequently extend the moratorium for another year.
City staff members are recommending adoption of an urgency ordinance to extend the temporary moratorium for 10 months and 15 days, until April 15, 2025, to allow staff sufficient time to prepare changes to the RMC to study and develop stronger regulations of tobacco retailers to adequately protect the public health, welfare, and safety. City staff prepared and posted online at https://www.ci.richmond.ca.us/4662/Tobacco- Retailers-License the required 10-day report describing the measures that have been taken to alleviate conditions which led to the adoption of the urgency ordinance as required by Government Code Section 65858.
ENVIRONMENTAL ANALYSIS:
This proposed ordinance is intended to preserve the status quo while the City considers further regulations on tobacco sales and distribution. The ordinance will not cause a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. This action, therefore, does not constitute the approval of a project under the California Environmental Quality Act (“CEQA”), and it is exempt from CEQA. (Pub. Res. Code § 21065, CEQA Guidelines §§ 15060©,(2)(3); 15061(b)(3); 15064(d)(3); 15378(a).)
ALTERNATIVE ACTIONS:
The City Council could decide not to extend the moratorium at this time and direct staff to continue work on possible amendments to City codes while processing new tobacco retailer license applications and renewals. This could result in immediate adverse impacts, such as tobacco and vape retailers that have had to close in other cities relocating to Richmond during the period required to develop and propose stronger regulations, some which may locate in areas frequented by youth such as near schools or after school programs.
DOCUMENTS ATTACHED:
Attachment 1 – Urgency Ordinance Extending Moratorium
Attachment 2 – Urgency Ordinance No. 03-24 N.S.
Attachment 3 – 10-Day Report