Agenda — Richmond City Council, March 3, 2026 (part 2 of 8)

(9) Based on review of City documents and data, the City finds that issuance of the license would be contrary to this Code or State law, or legislation demonstrating detriment to public health, safety, or welfare;
(10) That the proposed use aggravates existing problems in the neighborhood relating to the use or sale of tobacco as demonstrated by City records including but not limited to code-enforcement, nuisance, or law-enforcement data demonstrating a historical concentrated rate of tobacco-related violations exceeding the citywide average; (11) That the proposed adversely affects adjacent or nearby uses, including churches and other places for religious assembly, schools, hospitals, parks, recreation centers, and residences;
(12) That the proposed use interfere s with vehicular or pedestrian circulation along a public street or sidewalk;
(13) That the proposed use is not compatible with or otherwise does not enhance, where appropriate, the visual quality of the surrounding area; or, (14) That there is an "undue concentration" of tobacco retailers in the surrounding area such that the number of tobacco retail licenses outstanding is at the limits set forth in Section 7.106.040(E).
(B) Determination. Notice of the Department’s determination on the application will be provided and s erved on the applicant pursuant to the procedures set forth in Section

7.106.090(A)(2) as well as posted on the City’s website for a period of 10 (ten) days. If denied, the notice will set forth the grounds for the determination. The Department may place conditions on operation aimed at prote cting the public safety, health, or welfare. Any conditions will be set forth in the notice of determination. (C) Appeal. Anyone aggrieved by the Department’s decision may appeal pursuant to the procedures set forth in Section 7.106.090(C).

7.106.070 - Tobacco Retailer License - Fees.
(A) Amount of Fees. The fees associated with the tobacco retailer license and administration of this Chapter shall be established in a schedule of fees maintained by the City and available to the public. The fees shall be calculated so as to recover the total costs of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by the Chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program and shall be sepa rately accounted for. Fees are nonrefundable except as may be required by law. A tobacco retailer license will not be renewed and become invalid if the application and license fees have not been paid in full not later than thirty (30) days prior to expiration.

7.106.080 - Tobacco Retailer License - Expiration and Renewal. (A) Term and Renewal of License. A tobacco retailer license is invalid if the appropriate fee has not been paid in full not later than thirty (30) days prior to expiration or if the term of 129

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the license has otherwise expired. The term of a tobacco retailer license shall run from the date of approval through the end of the applicable calendar year in which the tobacco retailer license was issued . Each tobacco retailer shall apply for the renewal of their tobacco retailer license yearly by submitting the license fee not later than thirty (30) days prior to expiration.
(B) Expiration of License. A tobacco retailer license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to Section

7.106.080(A) above, the proprietor must provide the following to the Department:
(1) An application for a new tobacco retailer license pursuant to the procedures set forth in Section 7.106.050 along with the applicable fee set forth in Section

7.106.070; and,
(2) A signed affidavit affirming that the tobacco retailer:
i. Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before a new license is issued; ii. Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in Section 7.106.120(D), before seeking a new tobacco retailer license; and,
iii. Is in compliance with all applicable location standards as set forth in Section 7.106.040(C).
(C) License is Nontransferable. The following provisions shall apply to the transfer of tobacco retailer licenses:
(1) A tobacco retailer license may not be transferred from one person to another or from one location to another. A new tobacco retailer license is required whenever a tobacco retailing location has a change in proprietor(s) or operation at a new location is desired.
(2) Notwithstanding any other provision of this Chapter, license revocation or prior violations at a location shall continue to be counted against a location and licensee ineligibility periods set forth in Sections 7.106.090(D)(3) and 7.106.120(D) shall continue to apply to a location unless:
i. The location has been transferred to new proprietor(s) in an arm's length transaction; and,
ii. The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction. The Department shall have authority to investigate whether the transaction is conducted at arm’s length. The documents required by Section 7.106.050(A)(2)(x) must be provided and the Department may request supplemental documents and information determined to be necessary for the assessment. If additional information after the transfer indicates t he transaction was not conducted at arm’s length, the tobacco retailer license shall be revoked.
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7.106.090 - Tobacco Retailer License – Denial, Suspension, and Revocation Procedures and Effects.
(A) Determination Procedures.
(1) Notice. The determination of whether a tobacco retailer license should be denied, suspended, or revoked shall be initiated by a written statement explaining the determination, ground(s) for such determination, a statement of the right to appeal, and deadline for such appeal. If the determination regards suspension, the notice shall include information on the ability to cure and such applicable deadlines for curing. (2) Service. The notice will be served to the tobacco retailer via overnight mail at the elected service address as set forth in the applicant’s application for tobacco retailer license pursuant to Section 7.106.050(C)(2). Failure to receive service shall not invalidate the notice or that service is effective. The fees associated with service shall be set forth in the City’s schedule of fees maintained by the City and available to the public.
(B) Grounds for Determination.
(1) Grounds for Denial. The grounds for denial are set forth in Section 7.106.060(A). (2) Grounds for Suspension. In addition to any other penalty authorized by law, a tobacco retailer license may be suspended if the licensee, or any of the licensee’s officers, agents or employees, has violated any of the provisions, requirements, conditions, or prohibitions of this Chapter or any conditions of the license itself, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law pertaining to the display, sale, exchange, or transfer of any tobacco products, tobacco paraphernalia, drug paraph ernalia, hazardous substances, electronic cigarette and vaping devices, illegal drugs, and/or electronic cigarette and vaping accessories. (3) Grounds for Revocation. In addition to any other penalty authorized by law, a tobacco retailer license may be revoked for any of the following:
i. The licensee has failed to cure the grounds warranting suspension within the prescribed amount of time.
ii. The licensee, or any of the licensee’s officers, agents or employees, has violated any of the provisions, requirements, co nditions, or prohibitions of this Chapter or any conditions of the license itself, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law pertaining to the display, sale, exchange, or transfer of any tobacco products, tobacco paraphernalia, drug paraphernalia, electronic cigarette and vaping devices, hazardous substances, illegal drugs, and/or electronic cigarette and vaping accessories and has previous had their tobacco retail license suspended within the last year.
iii. The licensee, or any of the licensee’s officers, agents or employees, has been issued more than one administrative citation within the last year for violations any of the provisions, requirements, conditions, or prohibitions of this Chapter or any conditions of the license itself. 131

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iv. The licensee, or any of the licensee’s officers, clerks, agents or employees, has been issued at least one administrative citation within the last five (5) years for operating without a tobacco retail license and has been issued an additional administrative citation for any violation of the provisions, requirements, conditions, or prohibitions set forth in this Chapter or any conditions of the tobacco retailer license itself.
v. The licensee, or any of the licensee’s officers, agents or employees, has been issued at least one administrative citation within the five year for violations of any of the provisions, requirements, conditions, or prohibitions set forth in Section 7.106.090 (B)(3)(vi) below and has been issued an additional administrative citation for violations any of the provisions, requirements, conditions, or prohibitions of this Chapter or any conditions of the license itself.
vi. The licensee, or any of the licensee’s officers, agents or employees, has violated provisions, requirements, conditions, or prohibitions of this Chapter that the City has determined have a significant negative impact on the public’s health, safety, and welfare including any of the following provisions:

1. Failure to make the entire premises of available for inspection as described in Section 7.106.110;

2. Displaying, selling, or making flavored tobacco products or tobacco flavor enhancers available;

3. Selling, marketing, or making tobacco products available to minors;

4. Displaying, selling, or making drug paraphernalia or hazardous substances available; or,

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action except upon written request to the Department demonstrating either likelihood of successful appeal, an abuse of discretion, irreparable harm, or that such stay is not in the public’s interest, and decision in writing by, the Department that a stay would not otherwise be adverse to public safety, health or welfare. There will be no stays extended when the action taken is pursuant to Section 7.106.090(B)(3)(vi). (2) Notice of Hearing. If the Department’s decision is timely appealed, the City shall issue notice of the hearing. The notice of hearing will be served on the tobacco retailer as specified in Section 7.106.090( A)(2) and will include all of the following information:
i. The address or a d efinite description of the location where the tobacco retailer license is issued;
ii. The grounds for the determination; and,
iii. The date of the hearing before the neutral hearing officer. The notice of hearing shall set the hearing date no later than forty-five (45) days following the date the notice of hearing is served. The date of the hearing shall not be continued except upon written request for a documented emergency or other unforeseen and unavoidable circumstance beyond the reasonable control of the requesting party such as the following situations: (1) a serious illness, hospitalization, or medical emergency involving the requesting party or an immediate family member; (2) a natural disaster; (3) an unavoidable court order, subpoena, or legal obligation requiring the requesting party’s presence at the same date and time ; (4) a verified failure of essential infrastructure or utilities, including power, telecommunicat ions, or transportation systems, that makes attendance impracticable; or, (5) other comparable exigent circumstances of similar gravity as determined by the City. All requests must be in writing and provided to the City at least 24 hours prior to the time of the scheduled hearing. The hearing can only be continued one time upon a showing of emergency by the requestor. The City may provide additional continuances should it determine necessary due to scheduling conflicts, staffing availabilities, or other logistics. (3) Hearing. The Department’s determination to deny, suspend, or revoke the tobacco retailer license or any other determination made pursuant to the provisions of this Chapter may be upheld or denied based on the findings made by the hearing officer after a complete hearing. Administrative hearings are informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds for determination by a preponderance of evidence. An applicant/ licensee may bring an interpreter to the hearing provided there is no expense to the City for the interpreter.

The hearing officer may question any person who presents evidence or who testifies at any hearing. The City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing. At the hearing, the applicant/licensee will be given the opportunity to testify and to present evidence concerning the grounds set forth in the notice of revocation hearing. 133

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After considering the testimony and evidence submitted at the hearing, the hearing officer will issue a written decision upholding or rejecting the Department’s determination and will list in the decision the reason or reasons for that decision. The written decision will be served as specified in Section 7.106.090( A)(2). The determination issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursu ant to California Code of Civil Procedure Section 1094.6.

There is no right to a further administrative appeal. Failure to appear at such hearing shall constitute a waiver of appeal and a failure to exhaust administrative remedies. (D) Effect.
(1) Effect of Denial. The hearing officer’s decision to uphold the denial of the tobacco retailer license is without prejudice to the filing of a new application for a tobacco retailer license.
(2) Effect of Suspension. Upon the hearing officer’s decision to upho ld the suspension of the tobacco retailer license, the following provisions shall apply:
i. The licensee shall immediately cease operation of all tobacco retailing activity and may only resume operation upon expiration of the suspension period and compliance with any necessary conditions to cure the violations including completing trainings or other remedial efforts as determined necessary by the Department. Engaging in the continued to display, advertise, or sell tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 7.106.120. Compliance with this Section shall be verified by an inspection of the entire premise of the tobacco retailer by an enforcement officer.
(3) Effect of Revocation. Upon the hearing officer’s decision to uphold the revocation of the tobacco retailer license, the following provisions shall apply:
i. No refunds of any fees shall be made to any tobacco retailer upon revocation.
ii. No tobacco retailer license shall be issued to the same applicant, proprietor, or licensee for a period of one year from the date of the hearing officer’s decision.
iii. The licensee shall immediately cease operation of all tobacco retailing and shall remove all tobacco products and tobacco paraphernalia from the retail location within 5 days. Failure to remove or engaging in the continued to display, advertise, or sell tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 7.106.120. Compliance with this section shall be verified by an inspection of the entire premises by an enforcement officer.

7.106.100 - Operating Requirements and Prohibitions. All tobacco retailer operations must comply with the following operating requirements and prohibitions:
(A) Signage.
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(1) "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuou sly posted at the entrance of the tobacco retailer.
(2) Age-of-Sale Signs. To comply with California’s STAKE Act, signs must be posted in a conspicuous place at each point of purchase at the tobacco retailer stating that tobacco sales to individuals under the age of twenty-one (21) years old are prohibited.

This sign must be readily visible and present at all times. (3) All signage must comply with the City’s requirements set forth in the City’s Sign Article contained in Chapter 15.04.609 of this Code , including the prohibition of electronic, digital, and animated signs.
(B) Display and Presentation of Documents.
(1) A valid tobacco retail license obtained pursuant to this Chapter must be displayed in a conspicuous public location at the tobacco retailer at all times such that it is readily visible to the public.
(2) The tobacco retailer license and seller’s permit both obtained from the California Department of Tax and Fee Administration (CDTFA) must be displayed in a conspicuous public location at the tobacco retailer at all times such that both are readily visible to the public.
(3) A copy of the conditions of approval as set forth on the issued tobacco retailer license, when applicable, must be kept on the premises and presented to any enforcement officer upon request.
(4) All documentation necessary to demonstrate compliance with this Chapter must be maintained at the premise of the tobacco retailer at all times such that it can be presented to an enforcement officer upon request at any inspection. (C) Sales.
(1) Minimum Clerk Age. No person who is under the age of twenty-one (21) years old, which is the minimum age established by State law for the purchase or possession of tobacco products, shall engage in tobacco retailing. Clerks shall have identification on them at all times while engagin g in tobacco retailing and upon request must present such identification to an enforcement officer.
(2) Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty -seven (27) years old without first examining the identification of the recipient to confirm that the recipient is at least the minimum age for sale of tobacco products as established by State law. (3) Display of Tobacco Product Pricing. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to indicate the price of the product. (4) Tobacco Coupons and Discounts Prohibited. No tobacco retailer shall:
i. Honor or redeem, or offer to honor or redeem, a coupon to allow a person to purchase a tobacco product for less than the full retail price; 135

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ii. Sell any tobacco product to a person through a multiple -package discount or otherwise provide such product to a consumer less than the full retail price in consideration of the purchase of any tobacco product or any other item; or,
iii. Provide any free or disc ounted item to a person in consideration for the purchase of any tobacco product.
(5) Sales of Tobacco Products by Self -Service Display Prohibited. It is unlawful for any person to display or sell tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self -service display.
(6) On-site Sales. All sales of tobacco products shall be conducted in -person at the licensed tobacco retailer location. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer agents or employees to deliver tobacco products or to knowingly or recklessly sell tobacco products to any person that intends to deliver the tobacco product at a location other than the physical loc ation of the tobacco retailer.
(7) Limitation on Sale Display Area for New Tobacco Retailers. Any tobacco retailer that applies for and obtains a tobacco retailer license for the first time after the effective date of this ordinance shall ensure that no more than twenty (20) percent of its total sale display area is devoted to the display of tobacco products. If this limitation is applicable, it shall be noted on the tobacco retailer license at the time of issuance. Any transfer or change in ownership shall result in this limitation automatically applying regardless of whether the prior operator’s tobacco retailer license was issued prior to the effective date of this ordinance.
(D) Design Standards.
(1) Lighting. All off-street parking areas, pedestrian walkways, and building entrances serving a tobacco retailer shall be illuminated during all hours the business is open to the public. Lighting shall be designed, installed, and maintained to provide a minimum maintained horizontal illuminance of not less than one (1.0) foot-candle, measured at grade on the parking surface and pedestrian walking surfaces. If otherwise not measurable, illumination shall be sufficient to ensure safe pedestrian access and visibility during hours of operation and shall be arranged to minimize excessive glare, shadowing, or dark areas.
(2) Security Cameras. At least two 24 -hour time -lapse security cameras must be operating, properly maintained, and installed on the exterior of the tobacco retailer at specific locations specified by the Richmond Police Department. All criminal and suspicious activities recorded on the surveillance equipment must be reported to the Richmond Police Department. To the extent required by law, all operators of tobacco retailers shall provide any tapes or other recording media from the security cameras to the Richmond Police Department upon request.
(3) Sound Walls. If the tobacco retailer abuts a residential zoning district, a sound wall may be required between the activity and the abutting lot should the Departme nt 136

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determine applicable and placed as a condition on the tobacco retailer license at the time of issuance. The sound wall must be no higher than six feet and must not obstruct the view of the building and parking areas from the street. (4) Windows. On the primary frontage of a tobacco retailer, there must be a minimum of 240 square feet of transparent fenestration in the area 30 inches above grade to 84 inches above grade that is to remain unobstructed during business hours. (E) Prohibited Products and Uses.
(1) Minimum Pack Size for Little Cigars and Cigars. No tobacco retailer shall sell or offer for sale, or possess with intent to sell or offer for sale:
i. Any single little cigar or cigar, whether or not packaged for individual sale; ii. Any number of little cigars or cigars fewer than the number contained in the manufacturer's original packaging intended for sale to a consumer; iii. Any package of little cigars or cigars containing fewer than twenty (20) little cigars or cigars; or,
iv. This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price (exclusive of all applicable taxes and fees) exceeds $5.00. This minimum retail amount may be adjusted from time to time by a resolution of the City Council.
(2) Sales of Cannabis Prohibited. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale any cannabis at the tobacco retailer. (3) Sales of Drug Paraphernalia and Hazardous Substances Prohibited. It shall be a violation of this Chapter for any licensee or any of the licensee's agents or employees, to violate any local, state, or federal law regulating controlled substances or drug paraphernalia, such as, California Health and Safety Code Sections 11364 through 11376.564.7. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale any drug paraphernalia or hazardous substances.
(4) Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product. i. The following rebuttable presumptions shall apply in any determination:
a. There shall be a rebuttable presumption that a tobacco retailer in possession of four (4) or more flavored tobacco products, including but not limited to individual flavored tobacco p roducts, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale. This presumption may only be rebutted by the following evidence: (1) producing inventory records, in voices, or shipping documentation demonstrating that the flavored tobacco products were received in error, were being returned to the manufacturer or distributor, or were held solely for disposal or destruction; and, (2) evidence that such 137

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products were segregated from retail inventory and stored in a location not accessible to the public.
b. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor;

2. Used text and/or images on the tobacco product's labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or,

3. Taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.
ii. Exception. The prohibitions in Section 7.106.100(E)(4) do not apply to the following:
a. Sales of flavored shisha tobacco products by a tobacco retailer if the requirements in California Health and Safety Code Section 104559.5(c) are met, which may be amended from time to time. (5) Sale of Tobacco Product Flavor En hancers Prohibited. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale, any tobacco product flavor enhancers. The rebuttable presumptions set forth in Section

7.106.100(E)(4)(i) shall apply.
(6) Sale of Electronic Cigarettes Prohibited. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale an electronic cigarette where the electronic cigarette:
i. Is a new tobacco product;
ii. Requires premarket review under 21 U.S.C. § 387j, as may be amended from time to time; and,
iii. Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time.
(7) Unlicensed Operations Prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including a retailer whose licenses has been revoked shall:
i. Immediately cease any and all displays, advertisements, and sales of all tobacco products and tobacco paraph ernalia at the retail location and shall remove all tobacco products and tobacco paraphernalia from the retail location within 5 days. Failure to remove or continue to display, advertise, or sell tobacco products or tobacco paraphernalia in violation of th is provision shall constitute tobacco retailing without a license under Section

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retailer or any of the tobacco retailer agents or employees to permit, allow, or otherwise authorize on-site consumption of any tobacco product or shisha. It shall be unlawful for any person to consume any tobacco pr oduct or shisha on the premise of any tobacco retailer.

7.106.110 - Compliance Monitoring and Inspections.
(A) Enforcement. Compliance with this Chapter shall be monitored by the Department and enforcement officer s and their designees . Any peace officer may enforce the penal provisions of this Chapter. All documentation necessary to demonstrate compliance with this Chapter must be maintained at the premise of the tobacco retailer at all times such that they can be presented by the clerk to an enforcement officer upon request at any inspection. Similarly, all necessary keys, authorizations, and items necessary to gain access to the entire premise of the tobacco retailer must be maintained at the premise of the tobacco retailer at all times such that the clerk entire premise can be made available to an enforcement officer upon request at any inspection. (B) Annual Compliance Inspection. To ensure tobacco retailers are operating in compliance with this Chapter, all tobacco retailers shall be subject to an unannounced inspection by an enforcement officer and/or their designees /agents at least once every calendar year.

No notice will be provided prior to the inspection , consent to such unannounced inspection is a condition of the tobacco retailer license, and the tobacco retailer or their agent/employees shall make the entire premises of the tobacco retailer available for such inspection. Failure to provide complete access is a violation of this Chapter subject to all enforcement remedies.
(C) Complaint Based Inspections. All tobacco retailers shall be subject to inspection by an enforcement officer and/or their designees/agents at any time an enforcement officer or the Department receives a complaint of potential criminal or nuisance activities occurring on or near the premises or if the Department has reason to believe that violations of this Chapter exist at the tobacco retailer. No notice will be provided prior to th e inspection, consent to such unannounced inspection is a condition of the tobacco retailer license, and the tobacco retailer or their agent/employees shall make the entire premises of the tobacco retailer available for such inspection. Failure to provide complete access is a violation of this Chapter subject to all enforcement remedies including immediate revocation of the tobacco retailer license as provided in Section 7.106.090(B)(3)(iv). (D) Inspection Findings. If an enforcement officer determines at any inspection of a tobacco retailer that violations of this Chapter exist, the following provisions shall apply:
(1) The inspection findings and any enforcement actions shall be reported to the Department. The Department shall review the inspection findings and enforcement actions taken by the enforcement officer and shall determine whether to suspend or revoke the tobacco retailer license. The effect of the Department’s decision and necessary compliance procedures are set forth in Section 7.106.090(D). 139

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(2) If the Department determines to suspend the tobacco retailer license, certain measures to cure the suspension will be determined and the tobacco retailer must promptly comply with these additional measures. An additional inspection to ensure compliance with these additional measures must take place within the time prescribed in the suspension notice.
(3) The tobacco retailer shall be invoiced for the costs of the inspection and any necessary re-inspection and enforcement costs in accordance with the City's master fee schedule.
(E) Refusal. If the tobacco retailer or their agent/employee refuses permission and access to enter, inspect or investigate the entire premise of the tobacco retailer, it shall be a violation of this Chapter subject to immediate revocation of the tobacco retailer license as provided in Section 7.106.090(B)(3)(vi) and the City may seek an inspection warrant pursuant to the provisions of California Code of Civil Procedure Sections 1822.50 et seq., or any similar or successive legislation applicable to facilitate such inspection. (F) Nothing in this Chapter shall create a right of action in any tobacco retailer licensee or other person against the City or its agents.

7.106.120 – Enforcement and Penalties.
(A) Public Nuisance Declared. Any violation of this Chapter is hereby declared to be a public nuisance. Each day a violation of this Chapter exists constitutes a separate and distinct violation. All methods available to abate public nuisances including those prescribed in Chapter 9.22 of this Code shall be available. (B) Administrative Fines.
(1) Amount. Each person who violates any provision of this Chapter shall be subject to an administrative fine in an amount up to $500 for the first violation and up to $1,000 for the second and each subsequent violation(s).
(2) Increased Administrative Fines For Flavored Tobacco Products and Enhancers.

No tobacco retailer or any of the tobacco retailer agents or employees, shall sell, offer for sale, or possess with the intent to sell or offer for sale any flavored tobacco products or tobacco product flavor enhancer s. Pursuant to California Health and Safety Code Section 104559.5(f)(1), any violation of this subsection shall be subject to the heighted administrative fine amounts, as follows:
i. $500 for the first violation;
ii. $1,000 for the second violation within a two-year period from the issuance of the first violation;
iii. $1,200 for a third violation within a two-year period from the issuance of the first violation;
iv. $3,000 for a fourth violation within a two-year period from the issuance of the first violation;
v. $5,000 for a fifth or subsequent violation within a two-year period from the issuance of the first violation.
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(3) Administrative Citation Procedures. All procedures in Chapter 2.62 of this Code relating to the issuance, noticing, payment, collection, and appeal of administrative citations issued pursuant to this Chapter shall apply. The provisions in Chapter 2.62 relating to fine amounts shall not apply.
(C) Seizure Of Prohibited Flavored Tobacco Products. Flavored tobacco products offered for sale or exchange in violation of this Chapter are subject to immediate seizure by the Richmond Police Department or agent thereof and shall be forfeited after the licensee and any other owner of the flavored tobacco products seized is given reasonable notice and an opportunity to appeal and demonstrate that the flavored tobacco products were not offered for sale or exchange in violation of Chapter 7.106. (1) After such flavored tobacco products offered for sale or exchange in violation of this Chapter are seized, Richmond Police Department or an agent thereof shall provide the tobacco retailer with notice of seizure documenting the items seized and providing information on the right to appeal such seizure.
(2) Seized and forfeited flavored tobacco products shall be turned over the California Department of Tax and Fee Administration if acceptable otherwise, these products shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(D) Tobacco Retailing Without a License. Any person issued an administrative citation for engaging in tobacco retailing without a tobacco retailer license shall be ineligible to obtain a tobacco retailer license for a period of two years after the date of issuance of the administrative citation absent successful appeal or revocation of the administrative citation. In addition to any other penalty authorized by law, if a person is determined by the enforcement officer to be engaging in tobacco retailing without a license, the summary abatement procedures in Chapter 9.22 shall apply and the enforcement officer may engage in immediate summary abatement pursuant to the procedures in Chapter 9.22 given the substantial and imminent dangers to public health, safety, and welfare. (E) Aiding and Abetting. Causing, permitting, allowing, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter. (F) Remedies Cumulative. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity, and may be used in conjunction with, or in lieu of, each other remedy. Administrative citations may be imposed simultaneously for both general violations of this Chapter and for violations relating to flavored tobacco products and enhancers.
(G) Other Penalties and Remedies. Notwithstanding any other penalty provided by this Code or otherwise by law, any person who violates any provision of this Chapter shall be guilty of a mi sdemeanor for each such violation punishable in accordance with Section

1.04.100 of this Code. In addition, the City may enforce the provisions of this Chapter by 141

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any means authorized by law, including but not limited to criminal and/or civil enforcement process including, without limitation, through nuisance abatement proceedings, restraining order, preliminary or permanent injunction, or by any other means available in law or equity.
(H) Recovery of Attorney’s Fees – Prevailing Party. In any proceeding or action under this Chapter, including any appeal, reasonable attorneys’ fees may be recovered by the prevailing party if the City elects, at the initiation of the action or proceeding, to seek its attorney’s fees in the event it is the prevailing party; howev er, the award of attorneys’ fees to a prevailing party shall not exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. In addition, the City may recoup its staff costs for investigating and enforcing violations a nd providing notice in accordance with this Chapter.
(I) Evidence Provided By Minor. Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (J) Outstanding Fees and Fines.
(1) Condition of License. No Tobacco Retailer License shall be issued, renewed, or deemed valid if the applicant or licensee has any unpaid City fees, fines, penalties, or costs related to tobacco retailing operations, including but not limited to permit fees, inspection fees, abatement costs, or administrative citations. (2) Debt to the City. All unpaid fees, fines, or penalties assessed pursuant to this Chapter shall constitute a debt to the City . The City may collect such debt by any lawful means, including but not limited to:
i. Institution of a civil action;
ii. Placement of a lien or special assessment on the real property associated with the tobacco retailing business, consistent with Government Code Sections 38773–38773.7;
iii. Referral of the debt to a collection agency; and,
iv. Any other method of recovery authorized by law.

SECTION 3: Chapter 7.107 of the Richmond Municipal Code is deleted in its entirety.

SECTION 4: Any provisions of the Richmond Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

SECTION 5: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed each section, subsection, 142

Page 29 of 29 ends

paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.

SECTION 6: Effective Date. All applications filed after or pending upon the date of final passage and adoption of this Ordinance shall be subject to this Ordinance. This Ordinance becomes effective thirty (30) days after its final passage and adoption. ------------------------------------------------------
I hereby certify that the foregoing Ordinance was first introduced at a regular meeting of the City Council of the City of Richmond held on _________and finally passed and a dopted at a meeting thereof held____________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
Approved as to form:
_________________________
City Attorney

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SECTION 2: Chapter 7.106 -of the Richmond Municipal Code is amended to read a s follows:

Chapter 7.106 – TOBACCO RETAILER LICENSE [10]

7.106.010 - Purpose.

7.106.020 - Definitions.

7.106.030 - Applicability.

7.106.040 - Operating Prerequisites.

7.106.050 - Tobacco Retailer License - Application Procedures.

7.106.060 - Tobacco Retailer License - Issuance, Denial, and Appeals.

7.106.070 - Tobacco Retailer License - Fees.

7.106.080 - Tobacco Retailer License - Expiration and Renewal.

7.106.090 - Tobacco Retailer License - Denial, Suspension, and Revocation Procedures and Effects.

7.106.100 - Operating Requirements and Prohibitions.

7.106.110 - Compliance Monitoring and Inspections.

7.106.120 - Enforcement and Penalties.

7.106.010 - Purpose.

The purpose of this chapter Chapter is to impose a licensing requirement on tobacco retailers . and set forth clear operational standards for licensed retailers.

7.106.020 - Definitions.

For purposes of this chapter Chapter , the following words, terms and phrases shall have the meanings given below:
"Arm's “Arm’s length transaction "” means a sale bona fide sale or transfer conducted in good faith and for valuable consideration that refl ects the fair market value in the open market , between two informed independent, unrelated, and willing unaffiliated parties, neither of which is under each acting in its own self-interest and without any compulsion to participate in , control, influence, or common economic interest. “Independent, unrelated, and unaffiliated parties” means parties that, at the time of the transaction . A sale between , do not: share common ownership, beneficial ownership, or voting control, whether di rect or indirect; have overlapping directors, officers, managers, trustees, or key decision-maker s; have a familial, partnership, joint venture, fiduciary, or contractual relationship that permits one party to influence or direct the business, 144

management, or operations of the other; or, act pur suant to any agreement, understanding, or coordinated plan, whether written or unwritten. “Control” means the ability, whether exercised or not, to directly or indirectly direct or materially influence the management, operations, or policies of an entity, including through ownership of voting interests, contractual rights, economic dependence, or other means of effective influence. For greater certainty, an arm’s length transaction does not include any sale or transfer:
(1) Between first-degree relatives, related companies or partners, or a sale for joint venturers, affiliates, or entities under common con trol or common beneficial ownership;
(2) That results in any direct or indirect change in control, management, operational authority, or economic benefit to a related or affi liated person or entity, including through restructuring, amalgamation, assi gnment, trust arrangement, option, nominee arrangement, or similar device; or,
(3) In which a significant material purpose is avoiding the , assessed on an objective basis having regard to the timing, structure, consi deration, and surrounding circumstances of the transaction, is to avoid, circ umvent, or mitigate the application or effect of the violations of this chapter is not an arm's leng th transaction. any violation of this Chapter.

The burden of demonstrating that a transaction qualifies as an arm’s length transaction rests with the party asserting such qualification.
"Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergree n, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, howeve r, that a tobacco product and shall not include the definition set forth in California Health and Safety Code Section 104559.5, as may be determined to have a Characterizing Flavor solely b ecause of the use of additives or flavorings or the provision of ingredient information. amended from time to time. "Cigar" means any roll or of tobacco other than an a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than three pounds per thousand.
"Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wra pped in any substance containing tobacco which, because of its appearance, the type of tobac co used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein. "City Manager" as used in this chapter shall mean the City Manager for the City of Richmond. “Clerk” means any person present at the tobacco ret ailer who facilitates, attempts to facilitate, or has been tasked with facilitating th e operations of the tobacco retailer regardless of title, status of employment, or scope of duties.
"Consumer" means any person who purchases a tobacco product for consumption and not rather than for sale to another.
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"Department" as used in this chapter shall mean means the Richmond Police Community Development Department . , Planning Division.
"Drug paraphernalia" means and shall have include the definition set forth in California Health &and Safety Code Section 11014.5, as that section may be amended from time to time , and any other equipment, product, or materials of any k ind which are intended or designed for drug use including common items that may otherwise not t ypically relate to drug use. Enforcement officers shall have authority to determine whether a specific product is intended for drug use and shall use their expertise to make this determinatio n taking into account the context, placement of products, similar occurrences, and any other factor providing insight into the intent. Specifically, given the prevalence of abuse of nitrous oxide thro ughout the City, there shall be a presumption that nitrous oxide is drug paraphernalia absent mitigating circumstances or context as determined by the enforcement officer .
"Flavored tobacco product" means any tobacco produc t that imparts a Characterizing Flavor. "Drug store" means any business or other commercial enterprise that is (1) licensed as a pharmacy by the State of California pursuant to the California Business and Professions Code, and (2) identified as a Drug Store with the California Board of Equalization, or with the Richmond Finance Department, or is otherwise commonly known as a drugstore. “Electronic cigarette” means the definition set for th in Section 30121 of the California Revenue and Taxation Code, as may be amended from time to time. “Enforcement officer” means the Richmond Community Development Department, Code Enforcement Division and any designees or agents, which are vested with authority to enforce this Chapter.
“Entire premise” means all areas within or appurtenant to a building, structure, or site used, occupied, or controlled by a tobacco retailer, incl uding but not limited to all sales areas, storage rooms, offices, display areas, employee quarters, r estrooms, hallways, loading areas, outdoor areas, and vehicles used for business purposes, reg ardless of whether such areas are open to the public or separately secured.
"Flavored tobacco product" means any tobacco produc t that imparts a Characterizing Flavor and includes any tobacco product or tobacco flavor enhancer that is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to California Health and Safety Code Section 104559.1 as may be updated from time to time. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer’s agents or employees, i n the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, images, or all, on the product’s labeling or packaging that are used to ex plicitly or implicitly communicate that the tobacco product has a characterizing flavor.
“Hazardous substance” means any product, compound, mixture, or material, whether natural or synthetic, the use, ingestion, inhalatio n, or absorption of which is determined to be 146

particularly detrimental to the health, safety, or welfare of an individual including but not limited to the following: (1) Any plant or derivative commo nly known as Kratom ( Mitragyna speciosa ) or any product containing its active alkaloids mitr agynine or 7-hydroxymitragynine; (2) nitrous oxide; (3) synthetic cannabinoids (K2, Spice, etc.); and, (4) salvia divinorum. "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 three pounds per thousand . "Little cigar" and includes, but is not limited to, any tobacco product known or labeled as "small cigar" or "little cigar ." " or “cigarillo”.
“Looseleaf tobacco” means any product that consists of cut or shredded pipe tobacco, which is usually sold in pouches.
"Manufacturer" means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States.
“New tobacco product” means the definition set fort h in 21 U.S.C Section 387j(a)(1), as may be amended from time to time.
“Nitrous oxide” means any of the following substanc es: N2O2 dinitrogen monoxide, dinitrogen oxide, nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381c(a) as may be amended from time to time. Nitrou s oxide is a colorless nonflammable gas sometimes informally or colloquially referred to as "nitro," "NOX," "galaxy gas," "whippits," amongst other names.
"Package" or "packaging" means a pack, box, carton, or container or any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
"Person" means any natural person, partnership, coo perative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Proprietor" as used in this chapter shall mean means a person with an ownership or managerial interest in a business. An ownership int erest shall be deemed to exist when a person has a ten percent (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 can or does have or share ultimate control over the day-to-day operations of a business. "Sale" or "sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for commercial purpose, in any manner or by any means whatsoever. “Sale display area” means the total area of shelvin g, counters, racks, cabinets, cases, or other fixtures located within the tobacco retailer that contain products accessible to customers and used to display goods offered for sale, whether for self-service or clerk-assisted purchase. For clarity, the following provisions apply:
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(1) “Sale display area” shall include: all horizontal and vertical shelf space used to present products to customers; endcaps, freestandin g display units, countertop displays, and wall-mounted display systems; and, locked or behind-the-counter display cases that visibly present products to customers. (2) “Sale display area” shall not include: storage area s not visible to customers; back-of-retailer inventory space; and, areas where customers have no access. "Self-service display" means the open display or st orage of tobacco products or tobacco paraphernalia in a manner that is physically access ible in any way to the general public without the assistance of the retailer or employee of the r etailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display.
“Shisha tobacco product” means a tobacco product sm oked or intended to be smoked in a hookah and includes, and may be referred to as, hoo kah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco product” doe s not include any electronic devices, such as an electronic hookah, electronic cigarette, or electronic tobacco product. "Tobacco product" means:
(1) (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, hea ted, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested b y any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, looseleaf tobacco, and snuff ; .
(2) (2) Any electronic device that delivers nicotine or other substances vaporized liquids to the person inhaling from the device, including, but not limited to an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah. (3) (3) Notwithstanding any provision of subsections (1) an d (2) to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco produ ct, whether or not sold separately. "
(4) Tobacco paraphernalia.
(5) Exemptions. The term "tobacco product" does not include drugs :
i. Drugs , devices, or combination products authorized for s ale by the United States Food and Drug Administration , (FDA), as those terms are defined in the Federal Food, Drug and Cosmetic Act .; or,
ii. Nicotine replacement therapy products that are appr oved or authorized by the FDA for over-the-counter or prescription sale f or the purpose of delivering nicotine to a user without combustion, without tobacco leaf, and without inhalation of smoke or aerosol, and that is intended to assist in the treatment of nicotine dependence or the cessation o f tobacco use including the following: nicotine gum, lozenges, transdermal patches, nasal sprays, and oral inhalers, provided that such products: (1) deliver nicotine at a controlled, standardized, and measurable dosage in accordance with FDA 148

approval; and, (2) are marketed, labeled, and sold primarily for smoking cessation or nicotine dependence treatment, and not for recreational use. "Tobacco paraphernalia" means any item designed or marketed for the consumption, use, or preparation of tobacco products . includes any instrument or paraphernalia that is d esigned for the smoking or ingestion of lawful tobacco products including without limitation cigarette papers, cigarette wrappers, cigar wrappers, blunt wraps, pi pes, holders, clips, and cigarette rolling machines. “Tobacco paraphernalia” excludes items cl assified as “drug paraphernalia” per Health and Safety Code Section 11364.5(d), as may be amended from time to time. “Tobacco product flavor enhancer” means a product d esigned, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product. "Tobacco retailer" means any person or entity who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or to bacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
(Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.030 - Requirements and prohibitions.
(a) Tobacco Retailer License Required. It shall be unlawful for any person to act as a tob acco retailer in the City without first obtaining and ma intaining a valid tobacco retailer license for each location at which that activity is to occur. Tobacc o retailing without a valid tobacco retailer's lice nse is a nuisance as a matter of law.
(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 is issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employ ees, to violate any local, state or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing. (c) Display of License. Each tobacco retailer lice nse shall be prominently displayed in a publicly vi sible location at the licensed location.
(d) Positive Identification Required. No person engaged in tobacco retailing shall sell o r transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age for sale of tobacco products as established by state law. (e) Minimum Age for Persons Selling Tobacco. No pe rson who is younger than 18 years of age shall engage in tobacco retailing.
(f) False and Misleading Advertising Prohibited. A tobacco retailer without a valid tobacco retailer license, or a proprietor without a valid tobacco retailer li cense including, for example, a person whose licens e has been revoked:
(1) Shall keep all tobacco products and tobacco pa raphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 7.106.090.
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(2) Shall not display any advertisement relating t o tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (g) Drug Paraphernalia. It shall be a violation of this chapter for any licensee or any of the licens ee's agents or employees, to violate any local, state, or federal law regulating controlled substances or drug paraphernalia, such as, California Health and Safety Code Section 11364.7. (h) Sale of Tobacco Products by Self-Service Displ ay Prohibited. It is unlawful for any person to dis play tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display.
(i) Minimum Pack Size for Little Cigars and Cigars. No tobacco retailer shall sell or offer for sale, or possess with intent to sell or offer for sale:
(1) Any single little cigar or cigar, whether or not packaged for individual sale; (2) Any number of little cigars or cigars fewer than th e number contained in the manufacturer's original packaging intended for sale to a consumer; (3) Any package of little cigars or cigars contain ing fewer than 20 little cigars or cigars. (4) This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price (exclusive of all applicable taxes and fees) exceeds $5.00. This minimum retail amount may be adjusted from time to time by a resolution of the City Council. (j) Sale of Flavored Tobacco Products Prohibited.
(1) It shall be a violation of this chapter for an y tobacco retailer or any of the tobacco retailer's agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale, any flavore d tobacco product.
(2) There shall be a rebuttable presumption that a tobacco retailer in possession of four or more flavored tobacco products, including but not limite d to individual flavored tobacco products, packages of flavored tobacco products, or any combi nation thereof, possesses such flavored tobacco products with intent to sell or offer for sale. (3) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee o r agent of a tobacco retailer or manufacturer has:

A. Made a public statement or claim that the tobacco p roduct imparts a characterizing flavor;
B. Used text and/or images on the tobacco product' s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or C. Taken action directed to consumers that would be re asonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. (k) Sale of electronic cigarettes prohibited.
(1) The sale by a tobacco retailer of an electroni c cigarette is prohibited where the electronic cigarette:

A. Is a new tobacco product;
B. Requires premarket review under 21 U.S.C. § 387 j, as may be amended from time to time; and
C. Does not have a premarket review order under 21 U.S.C. § 387j(c)(1)(A)(i), as may be amended from time to time.
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(2) For the purposes of subsection (k)(1), electro nic cigarette shall have the definition set forth in the California Revenue and Taxation Code Section 30121, as may be amended from time to time. (3) For the purposes of subsection (k)(1), new tob acco product has the meaning set forth in 21 U.S.C. § 387j(a)(1), as may be amended from time to time. (Ord. No. 20-18 N.S., § I, 7-17-2018; Ord. No. 14-19 N.S., § I, 9-10-2019) Note— Ord. No. 14-19 N.S., adopted Sept. 10, 2019, shall be effective 114 days after adoption.

7.106.040 - Limits on eligibility for tobacco retailer license.

No license may issue to authorize tobacco retailing at other than a fixed location. "Youth For example, tobacco retailing by persons on foot or from vehicles is prohibited. (Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.050 - Location requirements.

Except as provided in Section 7.106.060, in land use districts where tobacco retailing regulated by this chapter would otherwise be a permitted use, no license may be issued, and no existing license may be renewed, to authorize tobacco retailing if the tobacco retailers is:
(a) Within 500 feet of any parcel occupied by any existing tobacco retailing business; or (b) Within 1,000 feet of any parcel occupied by a youth -populated area. For purposes of this subsection, "youth -populated area" means a parcel that is occupied by a: any of the following:
(1) Public or private school ; that facilitates instruction to minors (K-12, preschools, daycares);
(2) Playground open to the public ; regardless of ownership or access; (3) Park open to the public or to all the residents of a private community or open to the public or to all the residents of a private community; or , (4) Library Open that has any hours open to the public.

7.106.030 - Applicability.

The standards set forth in this Chapter shall apply to all tobacco retail sales and tobacco retailers including the operation of existing businesses, new businesses, and the conversion or expansion of an existing business to include the sale of tobacco, tobacco products, or tobacco paraphernalia, as defined herein. The provisions of this Chapter shall take effect and be in full force and operation thirty (30) days after its final passage and adoption.

7.106.040 - Operating Prerequisites.

Tobacco retailers must comply with all of the follo wing operating prerequisites prior to engaging in any tobacco retailing operations or attempted sales of tobacco products:
(A) Tobacco Retailer License Required. It shall be unlawful for any person or entity to operate as a tobacco retailer in the City without f irst obtaining and maintaining a valid 151

tobacco retailer license pursuant to this Chapter for each location at which tobacco retailing is to occur. Tobacco retailing without a valid toba cco retailer license is a nuisance as a matter of law and a violation of this Code.
(B) Lawful Business Operation. It shall be unlawful for any person or entity to o perate as a tobacco retailer in the City without first obtainin g and maintaining both: (1) a valid State tobacco retailer license and seller’s permit issued and obtained from the California Department of Tax and Fee Administration; and, (2) a business tax certificate obtained pursuant to Chapter 7.04 of this Code, which shall be applied for and a complete application shall be on file with the City prior to applying for a tobacco retailer license. Upon issuance of the tobacco retailer license, the City will proc ess and issue a business tax certificate.

The issuance of any license, permit, or certificate shall not eliminate compliance with any other requirements, including the requirement for another permit, certificate, or clearance, imposed by any other local, State, or federal rule, regulation, or law. (C) Location Requirements. All locational requirements must be met including t he following:
(1) Fixed Location Required. No license may be issued to authorize tobacco ret ailing at any location other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(2) Drug Store Operations Prohibited. No drug store shall engage in tobacco retailing or otherwise sell or distribute tobacco products.
(3) Convenience Market Operations Limited. Convenience markets shall adhere to the sale limitations and operational requirements set forth in Section 15.04.610.150(F) of this Code.
(4) Concurrent Sales of Cannabis Prohibited. No sales of cannabis products shall take place at any tobacco retailer.
(5) Undue Concentration Prohibited. Except as provided in Section 7.106.040(D) below, no tobacco retailing may take place, no license may be issued, and no existing license may be renewed, to authorize tobacco retailing if the proposed tobacco retailer is located within 500 feet of any parcel occupied b y any existing licensed tobacco retailer or pending application for tobacco retaile r. For purposes of this Section, distance is measured by the shortest line connecting any point on the property line of the parcel on which tobacco retailing business will be established or maintained to any point on the property line of the other parcel.
(6) Proximity To Youth Population Prohibited. Except as provided in Section

7.106.040(D) below, no tobacco retailing may take p lace, no license may be issued, and no existing license may be renewed, to authorize tobacco retailing if the proposed tobacco retailer is located within 1,000 feet of an y parcel occupied by a youth- populated area. For purposes of this section, distance is measured by the shortest line connecting any point on the property line of the pa rcel on which tobacco retailing business will be established or maintained to any p oint on the property line of the other parcel.
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(Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.060 - Existing tobacco retailers.

A tobacco retailer operating lawfully on the date this ordinance is adopted [July 17, 2018] that is ineligible to receive or renew a tobacco retailer's license for a location pursuant to Section 7.106.050, and any tobacco retailer operating lawfully that becomes ineligible to receive or renew a tobacco retailer's license due to the creation of a new youth-populated area, may receive or renew a license for that location so long as all of the following conditions are met:
(1) The license is timely obtained and is renewed without lapse. (2) The (D) Exemption For Existing Licensed Tobacco Retailers. Existing licensed tobacco retailers operating in substantial complian ce prior to the effective date of this ordinance shall be exempt from certain prerequisite location requirements, set forth in Section

7.106.040(C) above, so long as the retailer’s tobacco license does not lapse, State requirements are met, and operations are brought into compliance with all provisions of this Chapter no more than one hundred and twenty (120) days after the da te this ordinance is adopted. Failure to bring operations into compliance within this period shall be grounds for suspension or revocation of such tobacco retailer license.
(E) Limitation on Number of Tobacco Retailers. Operat ion Subject to Availability of Licenses. Regardless of compliance with the requirements set forth in Section 7.106.040, the City has determined that the number of tobacco reta ilers operating within the City at any one time shall be limited to prevent undue concentration within the City. All operations regardless of compliance with this Chapter are subject to the following limitations:
(1) The total number of tobacco retailer licenses issue d by the City at any given time shall not exceed fifty (50) licenses.

In the event that the number of active tobacco retailer does not commit 3 or more violations of this chapter at a location within any 60-month period.
(2) (3) The licenses reaches the maximum amount of fifty (50) l icenses, no additional tobacco retailer is not closed for business or otherwise suspends licenses shall be issued until such time that the total number of act ive tobacco retailing for more than 60 consecutive days. licenses falls below the maximum limit. (4) The tobacco retailer does not substantially ch ange the business premises or business operation.

A substantial change to the business operation incl udes, but is not limited to, the transferring of a location to new proprietor(s) in an arm's length transaction and the transferring of a location for which a significant purpose is avoiding the effect of the violations of this chapter. (5) The tobacco retailer retains the right to oper ate under all other applicable laws. (Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.070 - Application procedure.

Application for a tobacco retailer's 7.106.050 - Tobacco Retailer License – Application Procedures.
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All new and existing tobacco retailers must obtain an annual tobacco retailer license and comply with all operating prerequisites and standards as s et forth in this Chapter. An application for a tobacco retailer license shall be submitted on a form supplied by the Department and shall contain, at a minimum, the following information:
(A) Proprietor Information.
(1) An application for a tobacco retailer license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sale s and shall be signed by each proprietor or an authorized agent thereof , and shall include the license application fee set forth under Section 7.106.120. .
(2) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting t he issuance of a tobacco retailer's license. Each proprietor of the business that is seeking to operate under a tobacco retailer license must provide the following information:

No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailers. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 7.106.120 of this chapter. Nothing in this chapter sha ll be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Richmond Police Department and shall contain, at a minimum, the following information:
i. (1) The name, address, telephone number, driver's licen se or similar identification, including date of birth, of each pr oprietor of the business tobacco retailer that is seeking applying for a license .; (2) A single name and mailing address authorized b y each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized addre ss is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (1) above.
(3) Proof that the location for which a tobacco re tailer's License is sought has been issued a valid state tobacco retailer's license by the California Department of Tax and Fee Administration. ii. (4) The title and function(s) that each proprietor will serve in the operations of the tobacco retailer;
iii. Information on whether the proprietor has operated a tobacco retailer previously within the City including the business n ame of the tobacco retailer, the names of the operators, and the dates of operation; iv. A summary of criminal history ("LiveScan") for each proprietor prepared by the Richmond Police Department not more than thirty (30) days prior to the date the application is submitted;
v. Whether or not any the proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter the City’s tobacco regulations and, if so, the dates and locations of all such vi olations within the previous past five years . ;
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(5) A copy of the conditional use permit, if appli cable (or an explanation as to why such permit is not required).
vi. (6) A statement signed by each proprietor attesting that no flavored tobacco products, drug paraphernalia , illegal drugs, hazardous substances, or cannabis is or will be sold at the business seeking tobacco retailer at any time;
vii. A statement signed by the property owner of record attesting to their understanding of the provisions set forth in this Chapter and agreement to ensure tenant compliance with such provisions including the prohibition of sales of flavored tobacco products, drug parapherna lia, illegal drugs, hazardous substances, and cannabis;
viii. A statement signed by each proprietor attesting to compliance with the operating prerequisites set forth in Section 7.106. 040 or a statement explaining that the exemption in Section 7.106.040(D) applies and if so, that the criteria for the exemption has been complied with;
ix. A statement signed by each proprietor that they pro vide unconditional consent to all enforcement officers, the Department , and any agents to inspect the tobacco retailer pursuant to the provis ions of this Chapter including unannounced inspections of the entire pre mise without prior notice. As part of this statement, each proprietor agrees and acknowledges that failure to comply is a violation of this Chapt er and grounds for immediate revocation of such tobacco retailer license . ; and, x. If the proprietor is not a natural person, the prop rietor shall provide additional information on the entity including the following: (1) documents demonstrating entity ownership and control includin g: the articles of incorporation, articles of organization, certificat e of formation, operating agreement, most recent statement of information, bo ard of directors resolutions, manager resolutions, and bylaws; (2) documents demonstrating management structure including the names of all man agers and members; and, (3) a disclosure identify all direct and indir ect beneficial owners. A statement signed by an authorized officer or manage r confirming the accuracy and completeness of information provided shall be provided. (3) If the proprietor is not a natural person, the info rmation requested in Section

7.106.050(A) shall be provided by an officer or manager with authorized authority to bind the entity.
(4) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer license. No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailers. A license issued contrary to this Chapter, contrary t o any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 7.106.090. Nothing in this Chapter shall be construed to vest in any person 155

obtaining and maintaining a tobacco retailer licens e any status or right to act as a tobacco retailer in contravention of any provision of law. (B) Prerequisite Compliance. The following information regarding compliance wit h prerequisite operating requirements shall be provided:
(1) Proof that the location for which a tobacco retaile r license is sought has been issued a valid state tobacco retailer license and seller’s permit by the California Department of Tax and Fee Administration. Providing a copy of the valid state license and California reseller number shall be sufficient proof.
(2) Proof that a complete application for a business ta x certificate pursuant to Chapter

7.04 of this Code has been applied for and submitte d pursuant to the procedures in Chapter 7.04 of this Code. Providing a copy of the notice of submission of the business tax certificate shall be sufficient proof.
(3) Proof of compliance with the operating prerequisite s set forth in Section 7.106.040 or proof that the exemption in Section 7.106.040(D) applies and the criteria for the exemption has been met.
(C) Operating Information. The following information regarding operating procedures shall be provided:
(1) The address of the property where the proposed tobacco retailer will operate. (2) A preferred service address to receive all notices and documents from the City relating to compliance and enforcement with this Chapter. (3) Proposed hours of operation.
(4) List of proposed tobacco products and paraphernalia for sale. (5) A site plan with fully dimensioned interior and exterior floor plans, including security cameras, lighting, identification of where tobacco products will be displayed, and disabled access compliance pursuant to Title 24 of the State of California Code of Regulations and the federal Americans with Disabilities Act. (6) If the site is being rented, leased or is being purchased under contract, a copy of such lease or contract.
(7) If the site is being rented or leased, written proof that the property owner and landlord, if applicable, were given notice that the property will be used as a tobacco retailer, and that the property owner and landlord, if applicable, agree(s) to said operations. If the retail facility is to be a subtenant, then "landlord" shall mean the primary tenant. (D) Additional Information. Such other information as the Department deems ne cessary to process the tobacco retailer license or otherwise n ecessary for the administration of this Chapter. If the Department requests additional information, the applicant must supply the information within thirty (30) days and such applic ation shall be on hold until such additional information is provided. If an applicant fails to correct any specified deficiency or provide the requested information within thirty (30) days, the application will be deemed expired for inaction. After the expiration of an application, the submittal of a new, complete application is required.

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(E) Material Change. All information required by the Department to apply for a tobacco retailer's retailer license shall be updated with the Richmond Police Department whenever the information changes. A tobacco retailer shall provide the Department with any updates within ten business (10) days of a change.
(Ord. No. 20-18 N.S., § I, 7-17-2018)
(F) Fee. Payment of fee as described in Section 7.106.070 shall be provided with the application for the tobacco retailer license.

7.106. 080 -060 – Tobacco Retailer License – Issuance of license. , Denial, and Appeals. (A) Issuance. Upon the Department’s receipt of an application for both a complete application for a tobacco retailer's retailer license and the license fee as required by this chapter Chapter , the Richmond Police Department shall may make the determination to issue a tobacco retailer license unless substantial evidence demonstrates that one or more of the following bases for denial exists:
(1) (1) The information presented in the application is incomplete, inaccurate, or false.

Intentionally supplying inaccurate or false informa tion shall be a violation of this chapter. Chapter;
(2) (2) The application seeks authorization for tobacco ret ailing for a proprietor to whom this chapter Chapter prohibits a license to be issued . ; (3) (3) The application seeks authorization for tobacco retailing at a location for which this chapter Chapter prohibits a license to be issued . ; (4) (4) The application seeks authorization for tobacco ret ailing that is prohibited pursuant to this chapter Chapter (e.g., mobile vending), that is unlawful pursuant to this Code, or that is unlawful pursuant to any other law . ; (Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.090 - Tobacco retailing without a license.

In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, the person shall be ineligible to apply f or, or to be issued, a tobacco retailing License as follows:
(1) After a first violation of this section at a l ocation within any 60-month period, no new license may issue for the person or the location (unless owners hip of the business at the location has been transferred in an Arm's Length Transaction), until 30 days have passed from the date of the violation.
(2) After a second violation of this section at a location within any 60-month period, no new license may issue for the person or the location (unless ow nership of the business at the location has been transferred in an arm's length transaction), u ntil 90 (90) days have passed from the date of the violation.
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(3) After of a third or subsequent violation of th is section at a location within any 60-month period , no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm's length tr ansaction), until five years have passed from the date of the violation.
(Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.100 - License renewal and expiration.
(a) Renewal of License. A tobacco retailer's licen se is invalid if the appropriate fee has not been t imely paid in full or if the term of the license has expi red. The term of a tobacco retailer license is one year.

Each tobacco retailer shall apply for the renewal of his or his tobacco retailer's license and submit the license fee not later than 30 days prior to expiration of the term. (b) Expiration of License. A tobacco retailer's li cense that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to subparagraph(a), the proprietor must:

Submit the license fee and application renewal form; and Submit a signed affidavit affirming that the proprietor:
(1) Has not sold and will not sell any tobacco pro duct or tobacco paraphernalia after the license expiration date and before the license is renewed; or
(5) (2) Has waited the appropriate ineligibility period est ablished for tobacco retailing without a license, as The applicant, or any officer, agent or owner of the applicant, if an entity, or proposed manager of the tobacco retailer has been found in violation of this Chapter, has had a prior tobacco retailer lice nse revoked within the last year, been issued an administrative citation for operating without a tobacco retailer license within the last two years, or has had other license s or operational approvals relating to business operations within the City revoked within the last year; (6) The applicant, or any officer, agent or owner of the applicant, if an entity, or proposed manager of the tobacco retailer has an outstanding amount of fines or fees owed to the City and are delinquent on payment;
(7) The applicant or any officer, agent or owner of the applicant, if an entity, or proposed manager of the tobacco retailer has been found in violation of any State law relevant to such license application and/or has any relevant State license that has been revoked or currently suspended;
(8) The City has assessed the impact that issuance of t he tobacco retailer license will have on the public and has determined, based on sub stantial evidence from various City or public records and research including code- enforcement, nuisance, or law- enforcement data, that the impact on the public rai ses credible health, safety, and welfare concerns that outweigh the applicant’s inte rest in operating. Such concerns may include, but are not limited to: documented inc reases in traffic or pedestrian congestion attributable to similar uses in the vici nity; proximity to schools, youth- serving facilities, or areas where minors regularly congregate, and the potential for increased youth access to tobacco products; the exi sting concentration of tobacco retailers within the surrounding area and the cumul ative impact on vulnerable or disproportionately affected populations; documented crime statistics, police reports, 158

or enforcement data demonstrating an association between tobacco retail activity and public safety impacts at or near the proposed locat ion; the applicant’s prior compliance history, including any violations of tob acco, business licensing, or related regulations at the proposed location or oth er locations operated by the applicant; and, the site’s historical pattern of co mplaints, enforcement actions, or adverse impacts related to similar historical uses;
(9) Based on review of City documents and data, the Cit y finds that issuance of the license would be contrary to this Code or State law , or legislation demonstrating detriment to public health, safety, or welfare;
(10) That the proposed use aggravates existing problems in the neighborhood relating to the use or sale of tobacco as demonstrated by City records including but not limited to code-enforcement, nuisance, or law-enforcement d ata demonstrating a historical concentrated rate of tobacco-related violations exceeding the citywide average; (11) That the proposed adversely affects adjacent or nearby uses, including churches and other places for religious assembly, schools, hospitals, parks, recreation centers, and residences;
(12) That the proposed use interferes with vehicular or pedestrian circulation along a public street or sidewalk;
(13) That the proposed use is not compatible with or otherwise does not enhance, where appropriate, the visual quality of the surrounding area; or, (14) That there is an "undue concentration" of tobacco r etailers in the surrounding area such that the number of tobacco retail licenses outstanding is at the limits set forth in Section 7.106.040(E).
(B) Determination. Notice of the Department’s determination on the a pplication will be provided and served on the applicant pursuant to th e procedures set forth in Section

7.106.090(A)(2) as well as posted on the City’s website for a period of 10 (ten) days. If denied, the notice will set forth the grounds for the deter mination. The Department may place conditions on operation aimed at protecting the pub lic safety, health, or welfare. Any conditions will be set forth in the notice of determination. (C) Appeal. Anyone aggrieved by the Department’s decision may appeal pursuant to the procedures set forth in Section 7.106.090 of this chapter, before seeking renewal of the license. (C).
(Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106. 110 -070 - Tobacco Retailer License is nontransferable. - Fees. (a) A tobacco retailer's license may not be transf erred from one person to another or from one locati on to another. A new tobacco retailer's license is req uired whenever a tobacco retailing location has a change in proprietor(s).
(b) Notwithstanding any other provision of this ch apter, prior violations at a location shall continu e to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) The location has been transferred to new propr ietor(s) in an arm's length transaction; and 159

(2) The new proprietor(s) provide the City with cl ear and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction. (Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.120 - License fees.
(A) (a) Amount of Fees. The fee The fees associated with the tobacco retailer licen se and administration of this Chapter shall be established in a schedule of fees maintained by the City and available to the public . The fees shall be calculated so as to recover the total costs of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retaile r education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorize d by the Chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program , and shall be separately accounted for. Fees are nonrefundable except as may be required by law. A tobacco retailer license will not be renewed and become invalid if the application and license fees have not been paid in full not later than thirty (30) days prior to expiration. (Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106. 130 -080 - Tobacco Retailer License - Expiration and Renewal. (A) Term and Renewal of License. A tobacco retailer license is invalid if the appropriate fee has not been paid in full not later than thirty (30) days prior to expiration or if the term of the license has otherwise expired. The term of a tobacco retailer license shall run from the date of approval through the end of the applicable calendar year in which the tobacco retailer license was issued. Each tobacco retailer shall apply for the renewal of their tobacco retailer license yearly by submitting the license fee not later than thirty (30) days prior to expiration.
(B) Expiration of License. A tobacco retailer license that is not timely rene wed shall expire at the end of its term. To renew a license not time ly renewed pursuant to Section

7.106.080(A) above, the proprietor must provide the following to the Department:
(1) An application for a new tobacco retailer license p ursuant to the procedures set forth in Section 7.106.050 along with the applicabl e fee set forth in Section

(C) License is Nontransferable. The following provisions shall apply to the transfe r of tobacco retailer licenses:
(1) A tobacco retailer license may not be transferred f rom one person to another or from one location to another. A new tobacco retailer license is required whenever a tobacco retailing location has a change in propri etor(s) or operation at a new location is desired.
(2) Notwithstanding any other provision of this Chapter, license revocation . or prior violations at a location shall continue to be counted against a location and licensee ineligibility periods set forth in Sections 7.106.090(D)(3) and 7.106.120(D) shall continue to apply to a location unless:
(a) i. The location has been transferred to new proprie tor(s) in an arm's length transaction; and,
ii. The new proprietor(s) provide the City with cle ar and convincing evidence that the new proprietor(s) have acquired or are acquiring the location in an arm's length transaction. The Department shall have authority to investigate whether the transaction is conducted at arm’s lengt h. The documents required by Section 7.106.050(A)(2)(x) must be prov ided and the Department may request supplemental documents and i nformation determined to be necessary for the assessment. If a dditional information after the transfer indicates the transaction was no t conducted at arm’s length, the tobacco retailer license shall be revoked.

7.106.090 - Tobacco Retailer License – Denial, Susp ension, and Revocation of License for Violation. Procedures and Effects.
(A) Determination Procedures.
(1) Notice. The determination of whether a tobacco retailer li cense should be denied, suspended, or revoked shall be initiated by a writt en statement explaining the determination, ground(s) for such determination, a statement of the right to appeal, and deadline for such appeal. If the determination regards suspension, the notice shall include information on the ability to cure and such applicable deadlines for curing. (2) Service. The notice will be served to the tobacco retailer via overnight mail at the elected service address as set forth in the applica nt’s application for tobacco retailer license pursuant to Section 7.106.050(C)(2). Failu re to receive service shall not invalidate the notice or that service is effective. The fees associated with service shall be set forth in the City’s schedule of fees maintai ned by the City and available to the public.
(B) Grounds for Determination.
(1) Grounds for Denial. The grounds for denial are set forth in Section 7.106.060(A). (2) Grounds for Suspension. In addition to any other penalty authorized by law , a tobacco retailer's license shall be revoked if any court of competent jurisdiction determines, or if the City Manager or his or her designee finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that 161

retailer license may be suspended if the licensee, or any of the licensee's licensee’s officers, agents or employees, has violated any of the provisions, requirements, conditions, or prohibitions of this chapter Chapter or any conditions of the license itself, or has pleaded guilty, "“no contest' contest” or its equivalent . , or admitted to a violation of any law pertaining to the display, sal e, exchange, or transfer of any tobacco products, tobacco paraphernalia, drug parap hernalia, hazardous substances, electronic cigarette and vaping devices, illegal dr ugs, and/or electronic cigarette and vaping accessories.
(3) (b) Notice of Grounds for Revocation Hearing. If . In addition to any other penalty authorized by law, a tobacco retailer license may be revoked for any of the following:
i. The licensee has failed to cure the grounds for revocation exist, the City Manager warranting suspension within the prescribed amount of time. ii. The licensee, or his any of the licensee’s officers, agents or her designee may issue a notice of revocation employees, has violated any of the provisions, requirements, conditions, or prohibitions of this C hapter or any conditions of the license itself, or has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law pertaining to the display, sale, exchange, or transfer of any tobacco products, tobacco paraph ernalia, drug paraphernalia, electronic cigarette and vaping devi ces, hazardous substances, illegal drugs, and/or electronic cigarette and vaping accessories and has previous had their tobacco retail license s uspended within the last year.
iii. The licensee, or any of the licensee’s officers, agents or employees, has been issued more than one administrative citation within the last year for violations any of the provisions, requirements, con ditions, or prohibitions of this Chapter or any conditions of the license itself. iv. The licensee, or any of the licensee’s officers, clerks, agents or employees, has been issued at least one administrative citatio n within the last five (5) years for operating without a tobacco retail licens e and has been issued an additional administrative citation for any violatio n of the provisions, requirements, conditions, or prohibitions set forth in this Chapter or any conditions of the tobacco retailer license itself.
v. The licensee, or any of the licensee’s officers, agents or employees, has been issued at least one administrative citation within the five year for violations of any of the provisions, requirements, conditions, or prohibitions set forth in Section 7.106.090(B)(3)(vi) below and has been i ssued an additional administrative citation for violations any of the p rovisions, requirements, conditions, or prohibitions of this Chapter or any conditions of the license itself.
vi. The licensee, or any of the licensee’s officers, ag ents or employees, has violated provisions, requirements, conditions, or p rohibitions of this Chapter that the City has determined have a signifi cant negative impact on 162

the public’s health, safety, and welfare including any of the following provisions:

1. Failure to make the entire premises of available fo r inspection as described in Section 7.106.110;

2. Displaying, selling, or making flavored tobacco products or tobacco flavor enhancers available;

3. Selling, marketing, or making tobacco products available to minors;

4. Displaying, selling, or making drug paraphernalia o r hazardous substances available; or,

5. Displaying, selling, or making cannabis available.
vii. The Department determines that one or more of the b ases for denial of a license under Section 7.106.060(A) existed at the t ime application was made or at any time before the license was issued. If the tobacco retailer license is revoked pursuant to this subsection, rev ocation shall be without prejudice to the filing of a new tobacco retailer l icense application and the restrictive period set forth in Section 7.106.090(D )(3) below regarding timing for subsequent applications shall not apply.
viii. The Department determines that a transfer was not made at arm’s length as required by Section 7.106.080(C)(2).
(C) Procedures to Contest Determination.
(1) Appeal of Determination. The decision of the Department to deny, suspend, o r revoke a tobacco retailer license or any other dete rmination made pursuant to the provisions of this Chapter is appealable before a n eutral hearing . A officer and an appeal request must be filed with the Department wi thin ten (10) days of the date of mailing of the Department’s notice. Failure to properly and timely file such an appeal shall constitute a waiver of the right to appeal an d a failure to exhaust administrative remedies. If such an appeal is made, it shall not s tay enforcement of the appealed action except upon written request to the Department demonstrating either likelihood of successful appeal, an abuse of discretion, irrep arable harm, or that such stay is not in the public’s interest, and decision in writing b y, the Department that a stay would not otherwise be adverse to public safety, health o r welfare. There will be no stays extended when the action taken is pursuant to Section 7.106.090(B)(3)(vi). (2) Notice of Hearing. If the Department’s decision is timely appealed, the City shall issue notice of revocation the hearing. The notice of hearing will be served to a on the tobacco retailer as specified in Section 7.106. 160 090(A)(2) and will include all of the following information:
i. (1) The address or a definite description of the location where the tobacco retailer's retailer license is issued;
ii. (2) The grounds for revocation; the determination; and, iii. The date of the hearing before the neutral hearing officer. The notice of hearing shall set the hearing date no later than forty-five (45) days following the date the notice of hearing is served. The date of the hearing shall not be 163

continued except upon written request for a documented emergency or other unforeseen and unavoidable circumstance beyond the reasonable control of the requesting party such as the following situatio ns: (1) a serious illness, hospitalization, or medical emergency involving the requesting party or an immediate family member; (2) a natural disaster; (3 ) an unavoidable court order, subpoena, or legal obligation requiring the requesting party’s presence at the same date and time; (4) a verified failure of essential infrastructure or utilities, including power, telec ommunications, or transportation systems, that makes attendance impra cticable; or, (5) other comparable exigent circumstances of similar gravity as determined by the City. All requests must be in writing and provided to the City at least 24 hours prior to the time of the scheduled hearing. The hearing can only be continued one time upon a showing of emergency by the requestor. The City may provide additional continuances should it deter mine necessary due to scheduling conflicts, staffing availabilities, or other logistics.

Hearing. (3) The date of the revocation hearing before the neutral hearing officer. The notice of revocation hearing will set the hearing date no soo ner than 20 days and no later than 45 days following the date the notice of revocation hearing is served. (3) (c) Revocation Hearing. A tobacco retailer's license may be revoked by the City Manager or his or her designee after a tobacco reta iler's license revocation hearing. At the hearing, the The Department’s determination to deny, suspend, o r revoke the tobacco retailer license or any other determination made pursuant to the provisions of this Chapter may be upheld or denied based on the findings made by the hearing officer after a complete hearing. Administrative hearings a re informal, and formal rules of evidence and discovery do not apply. Oral evidence shall be taken only on oath or affirmation. The City bears the burden of proof to establish the grounds for determination by a preponderance of evidence. An a pplicant/licensee may bring an interpreter to the hearing provided there is no exp ense to the City for the interpreter.

The hearing officer may question any person who pre sents evidence or who testifies at any hearing. The City may issue subpoenas requir ing attendance of witnesses or production of books or other documents for evidence or testimony at the hearing. At the hearing, the applicant/ licensee will be given the opportunity to testify a nd to present evidence concerning the grounds set forth in the notice of revocation hearing.

After considering the testimony and evidence submit ted at the hearing, the neutral hearing officer will issue a written decision to revoke upholding or not revoke rejecting the license Department’s determination and will list in the decision the reason or reasons for that decision. The written decision wil l be served as specified in Section

7.106. 160. A revocation is without prejudice to the filin g of a new application for a tobacco retailer's license. 090(A)(2). The determination issued by the hearing officer shall be deemed a final order and may be judicially reviewed pursuant to California Code of Civil Procedure Section 1094.6. There is no right to a further administrative 164

appeal. Failure to appear at such hearing shall co nstitute a waiver of appeal and a failure to exhaust administrative remedies.
(d) Revocation Appeal. The decision of the hearing officer to revoke a tobacco retailer's license may be appealable to the City Council. Such appeals must b e submitted in writing to the City Council within 30 days after the licensee receives notice of the decision to revoke the license. The City Council shall hear the licensee's appeal at a noticed public hear ing within 90 days after licensee submits his or he r written appeal.
(e) New License After Revocation.
(1) After revocation for a first violation of this chapter at a location within any 60 period, no new license may issue for the location until ten days have passed from the date of revocation. (2) After revocation for a second violation of thi s chapter at a location within any 60-month period, no new license may issue for the location until 30 days have passed from the date of revocation. (3) After revocation for a third violation of this chapter at a location within any 60-month period, no new license may issue for the location until 90 (90) days have passed form the date of revocation. (4) After revocation for four or more violations o f this chapter at a location until any 60-month period, no new license may issue for the location until five years have passed from the date of revocation. (Ord. No. 20-18 N.S., § I, 7-17-2018)

7.106.140 - Compliance monitoring.
(D) (a) Effect.
(1) Effect of Denial. The hearing officer’s decision to uphold the denial of the tobacco retailer license is without prejudice to the filing of a new application for a tobacco retailer license.
(2) Effect of Suspension. Upon the hearing officer’s decision to uphold the suspension of the tobacco retailer license, the following provisions shall apply:
i. The licensee shall immediately cease operation of a ll tobacco retailing activity and may only resume operation upon expirat ion of the suspension period and compliance with any necessary conditions to cure the violations including completing trainings or other remedial ef forts as determined necessary by the Department. Engaging in the conti nued to display, advertise, or sell tobacco products or tobacco para phernalia in violation of this provision shall constitute tobacco retailing w ithout a license under Section 7.106.120. Compliance with this Section sha ll be verified by an inspection of the entire premise of the tobacco ret ailer by an enforcement officer.
(3) Effect of Revocation. Upon the hearing officer’s decision to uphold the revocation of the tobacco retailer license, the following provisions shall apply:
i. No refunds of any fees shall be made to any tobacco retailer upon revocation.
ii. No tobacco retailer license shall be issued to the same applicant, proprietor, or licensee for a period of one year from the date of the hearing officer’s decision.
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iii. The licensee shall immediately cease operation of a ll tobacco retailing and shall remove all tobacco products and tobacco paraphernalia from the retail location within 5 days. Failure to remove or engagi ng in the continued to display, advertise, or sell tobacco products or tob acco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under Section 7.106.120. Compliance with this section shall be verified by an inspection of the entire premises by an enforcement officer.

7.106.100 - Operating Requirements and Prohibitions. All tobacco retailer operations must comply with the following operating requirements and prohibitions:
(A) Signage.
(1) "No Smoking" signs with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial repr esentation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at the entrance of the tobacco retailer.
(2) Age-of-Sale Signs. To comply with California’s STAKE Act, signs must be posted in a conspicuous place at each point of purchase at th e tobacco retailer stating that tobacco sales to individuals under the age of twenty-one (21) years old are prohibited.

(2) Positive Identification Required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) years old without first examining the identification of the recipient to confirm that the recipient is at least the minimum age for sale of tobacco products as established by State law. (3) Display of Tobacco Product Pricing. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to indicate the price of the product. (4) Tobacco Coupons and Discounts Prohibited. No tobacco retailer shall:
i. Honor or redeem, or offer to honor or redeem, a cou pon to allow a person to purchase a tobacco product for less than the full retail price; ii. Sell any tobacco product to a person through a mult iple-package discount or otherwise provide such product to a consumer les s than the full retail price in consideration of the purchase of any tobac co product or any other item; or,
iii. Provide any free or discounted item to a person in consideration for the purchase of any tobacco product.
(5) Sales of Tobacco Products by Self-Service Display P rohibited. It is unlawful for any person to display or sell tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retail ing by means of a self-service display.
(6) On-site Sales. All sales of tobacco products shall be conducted in-person at the licensed tobacco retailer location. It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer agents or employees to deliver tobacco products or to knowingly or recklessly sell tobacco products to any person that intends to deliver the tobacco product at a location other than the ph ysical location of the tobacco retailer.
(7) Limitation on Sale Display Area for New Tobacco Retailers. Any tobacco retailer that applies for and obtains a tobacco retailer license for the first time after the effective date of this ordinance shall ensure that no more th an twenty (20) percent of its total sale display area is devoted to the display of toba cco products. If this limitation is applicable, it shall be noted on the tobacco retailer license at the time of issuance. Any transfer or change in ownership shall result in thi s limitation automatically applying regardless of whether the prior operator’s tobacco retailer license was issued prior to the effective date of this ordinance.
(D) Design Standards.
(1) Lighting. All off-street parking areas, pedestrian walkways , and building entrances serving a tobacco retailer shall be illuminated during all hours the business is open to the public. Lighting shall be designed, installed, and maintained to provide a minimum maintained horizontal illuminance of not less than one (1.0) foot-candle, measured at grade on the parking surface and pedestrian walking surfaces. If otherwise not measurable, illumination shall be sufficient to ens ure safe pedestrian access and 167

visibility during hours of operation and shall be arranged to minimize excessive glare, shadowing, or dark areas.
(2) Security Cameras. At least two 24-hour time-lapse security cameras must be operating, properly maintained, and installed on the exterior of the tobacco retailer at specific locations specified by the Richmond Police Department. All criminal and suspicious activities recorded on the surveillance equipment must be reported to the Richmond Police Department. To the extent required by law, all operators of tobacco retailers shall provide any tapes or other recording media from the security cameras to the Richmond Police Department upon request.
(3) Sound Walls. If the tobacco retailer abuts a residential zoning district, a sound wall may be required between the activity and the abutti ng lot should the Department determine applicable and placed as a condition on t he tobacco retailer license at the time of issuance. The sound wall must be no higher than six feet and must not obstruct the view of the building and parking areas from the street. (4) Windows. On the primary frontage of a tobacco retailer, there must be a minimum of 240 square feet of transparent fenestration in the area 30 inches above grade to 84 inches above grade that is to remain unobstructed during business hours. (E) Prohibited Products and Uses.
(1) Minimum Pack Size for Little Cigars and Cigars. No tobacco retailer shall sell or offer for sale, or possess with intent to sell or offer for sale:
i. Any single little cigar or cigar, whether or not packaged for individual sale; ii. Any number of little cigars or cigars fewer than the number contained in the manufacturer's original packaging intended for sale to a consumer; iii. Any package of little cigars or cigars containing fewer than twenty (20) little cigars or cigars; or,
iv. This subsection does not apply to the sale or offer for sale of a single cigar for which the retail price (exclusive of all applicable taxes and fees) exceeds $5.00. This minimum retail amount may be adjusted from time to time by a resolution of the City Council.
(2) Sales of Cannabis Prohibited. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale any cannabis at the tobacco retailer. (3) Sales of Drug Paraphernalia and Hazardous Substance s Prohibited. It shall be a violation of this Chapter for any licensee or any of the licensee's agents or employees, to violate any local, state, or federal law regulat ing controlled substances or drug paraphernalia, such as, California Health and Safet y Code Sections 11364 through 11376.564.7. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale any drug paraphernalia or hazardous substances.
(4) Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or e mployees to sell, offer for sale, or to possess with intent to sell or offer for sale, any flavored tobacco product. i. The following rebuttable presumptions shall apply in any determination:
168

a. There shall be a rebuttable presumption that a toba cco retailer in possession of four (4) or more flavored tobacco products, including but not limited to individual flavored tobacco products , packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or of fer for sale. This presumption may only be rebutted by the following e vidence: (1) producing inventory records, invoices, or shipping documentation demonstrating that the flavored tobacco products we re received in error, were being returned to the manufacturer or d istributor, or were held solely for disposal or destruction; and, (2) e vidence that such products were segregated from retail inventory and stored in a location not accessible to the public.
b. There shall be a rebuttable presumption that a toba cco product is a flavored tobacco product if a tobacco retailer, man ufacturer, or any employee or agent of a tobacco retailer or manufacturer has:

1. Made a public statement or claim that the tobacco product imparts a characterizing flavor;

2. Used text and/or images on the tobacco product's la beling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or,

3. Taken action directed to consumers that would be re asonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.
ii. Exception. The prohibitions in Section 7.106.100(E)(4) do not apply to the following:
a. Sales of flavored shisha tobacco products by a toba cco retailer if the requirements in California Health and Safety Code S ection 104559.5(c) are met, which may be amended from time to time. (5) Sale of Tobacco Product Flavor Enhancers Prohibited . It shall be a violation of this Chapter for any tobacco retailer or any of the tobacco retailer agents or employees to sell, offer for sale, or to possess with intent to sell or offer for sale, any tobacco product flavor enhancers. The rebuttable presumpti ons set forth in Section

tobacco retailer license, including a retailer whose licenses has been revoked shall:
i. Immediately cease any and all displays, advertiseme nts, and sales of all tobacco products and tobacco paraphernalia at the r etail location and shall remove all tobacco products and tobacco paraphernal ia from the retail location within 5 days. Failure to remove or contin ue to display, advertise, or sell tobacco products or tobacco paraphernalia i n violation of this provision shall constitute tobacco retailing withou t a license under Section

7.106.120. Compliance with this section shall be ve rified by an inspection of the entire premises by an enforcement officer.
(8) On-Site Use and Consumption Prohibited. It shall be unlawful for any tobacco retailer or any of the tobacco retailer agents or e mployees to permit, allow, or otherwise authorize on-site consumption of any tobacco product or shisha. It shall be unlawful for any person to consume any tobacco prod uct or shisha on the premise of any tobacco retailer.

7.106.110 - Compliance Monitoring and Inspections.
(A) Enforcement. chapter Compliance with this Chapter shall be monitored by the Department . and enforcement officers and their designees. Any peace officer may enforce the penal provisions of this chapter. Chapter. All documentation necessary to demonstrate compliance with this Chapter must be maintained at the premise of the tobacco retailer at all times such that they can be presented by the cl erk to an enforcement officer upon request at any inspection. Similarly, all necessar y keys, authorizations, and items necessary to gain access to the entire premise of t he tobacco retailer must be maintained at the premise of the tobacco retailer at all times such that the clerk entire premise can be made available to an enforcement officer upon request at any inspection. (B) (b) Annual Compliance Inspection. To ensure tobacco retailers are operating in compliance with this Chapter, all tobacco retailers shall be subject to an unannounced inspection by an enforcement officer and/or their d esignees/agents at least once every calendar year. No notice will be provided prior to the inspection, consent to such unannounced inspection is a condition of the tobacc o retailer license, and the tobacco retailer or their agent/employees shall make the en tire premises of the tobacco retailer available for such inspection. Failure to provide c omplete access is a violation of this Chapter subject to all enforcement remedies.
(C) Complaint Based Inspections. All tobacco retailers shall be subject to inspection by an enforcement officer and/or their designees/agents a t any time an enforcement officer or the Department receives a complaint of potential criminal or nuisance activities occurring on or near the premises or if the Department has re ason to believe that violations of this Chapter exist at the tobacco retailer. No notice w ill be provided prior to the inspection, consent to such unannounced inspection is a condition of the tobacco retailer license, and the tobacco retailer or their agent/employees shall make the entire premises of the tobacco retailer available for such inspection. Failure to provide complete access is a violation of 170

this Chapter subject to all enforcement remedies in cluding immediate revocation of the tobacco retailer license as provided in Section 7.106.090(B)(3)(iv). (D) Inspection Findings. If an enforcement officer determines at any inspection of a tobacco retailer that violations of this Chapter exist, the following provisions shall apply:
(1) The inspection findings and any enforcement actions shall be reported to the Department. The Department shall review the inspect ion findings and enforcement actions taken by the enforcement officer and shall determine whether to suspend or revoke the tobacco retailer license. The effect of the Department’s decision and necessary compliance procedures are set forth in Section 7.106.090(D). (2) If the Department determines to suspend the tobacco retailer license, certain measures to cure the suspension will be determined and the t obacco retailer must promptly comply with these additional measures. An addition al inspection to ensure compliance with these additional measures must take place within the time prescribed in the suspension notice.
(3) The tobacco retailer shall be invoiced for the cost s of the inspection and any necessary re-inspection and enforcement costs in ac cordance with the City's master fee schedule.
(E) Refusal. If the tobacco retailer or their agent/employee refuses permission and access to enter, inspect or investigate the entire premise of the tobacco retailer, it shall be a violation of this Chapter subject to immediate revocation of the tobacco retailer license as provided in Section 7.106.090(B)(3)(vi) and the City may see k an inspection warrant pursuant to the provisions of California Code of Civil Procedur e Sections 1822.50 et seq., or any similar or successive legislation applicable to facilitate such inspection. (F) Nothing in this chapter Chapter shall create a right of action in any tobacco reta iler licensee or other person against the city City or its agents. (c) Compliance checks 7.106.120 – Enforcement and Penalties. (A) Public Nuisance Declared. Any violation of this Chapter is hereby declared to be a public nuisance. Each day a violation of this Chapt er exists constitutes a separate and distinct violation. All methods available to abate public nuisances including those prescribed in Chapter 9.22 of this Code shall determine, at a minimum, if be available. (B) Administrative Fines.
(1) Amount. Each person who violates any provision of this Chapter shall be subject to an administrative fine in an amount up to $500 for the first violation and up to $1,000 for the second and each subsequent violation(s).
(2) Increased Administrative Fines For Flavored Tobacco Products and Enhancers.

No tobacco retailer is conducting business in a manner that complies or any of the tobacco retailer agents or employees, shall sell, offer for sale, or possess with tobacco laws regulating youth access to the intent to sell or offer for sale any flavored tobacco .

When appropriate, the compliance checks shall deter mine compliance products or tobacco product flavor enhancers. Pursuant to Calif ornia Health and Safety Code 171

Section 104559.5(f)(1), any violation of this subse ction shall be subject to the heighted administrative fine amounts, as follows:
i. $500 for the first violation;
ii. $1,000 for the second violation within a two-year period from the issuance of the first violation;
iii. $1,200 for a third violation within a two-year peri od from the issuance of the first violation;
iv. $3,000 for a fourth violation within a two-year per iod from the issuance of the first violation;
v. $5,000 for a fifth or subsequent violation within a two-year period from the issuance of the first violation.
(3) Administrative Citation Procedures. All procedures in Chapter 2.62 of this Code relating to the issuance, noticing, payment, collec tion, and appeal of administrative citations issued pursuant to this Chapter shall apply. The provisions in Chapter 2.62 relating to fine amounts shall not apply.
(C) Seizure Of Prohibited Flavored Tobacco Products. Flavored tobacco products offered for sale or exchange in violation of this Chapter a re subject to immediate seizure by the Richmond Police Department or agent thereof and shall be forfeited after the licensee and any other owner of the flavored tobacco products se ized is given reasonable notice and an opportunity to appeal and demonstrate that the f lavored tobacco products were not offered for sale or exchange in violation of Chapter 7.106. (1) After such flavored tobacco products offered for sale or exchange in violation of this Chapter are seized, Richmond Police Department or a n agent thereof shall provide the tobacco retailer with other laws notice of seizure documenting the items seized and providing information on the right to appeal such seizure. (2) Seized and forfeited flavored tobacco products shal l be turned over the California Department of Tax and Fee Administration if accepta ble otherwise, these products shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable to law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final.
(D) Tobacco Retailing Without a License. Any person issued an administrative citation for engaging in tobacco retailing . without a tobacco retailer license shall be inelig ible to obtain a tobacco retailer license for a period of two years after the date of issuance of the administrative citation absent successful appeal or revocation of the administrative citation. In addition to any other penalty authoriz ed by law, if a person is determined by the enforcement officer to be engaging in tobacco retailing without a license, the summary abatement procedures in Chapter 9.22 shall apply and the enforcement officer may engage in immediate summary abatement pursuant to the proc edures in Chapter 9.22 given the substantial and imminent dangers to public health, safety, and welfare. (Ord. No. 20-18 N.S., § I, 7-17-2018)
172

Page 30 of 31 ends

7.106.150 - Enforcement.
(E) Aiding and Abetting. Causing, permitting, allowing, aiding, abetting, o r concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter. (F) Remedies Cumulative. The remedies provided by this Chapter are cumulative an d in addition to any other remedies available at law or in equity, and may be used in conjunction with, or in lieu of, each other remedy. Administrative citations may be imposed simultaneously for both general violations of this Chapter and for violations relating to flavored tobacco products and enhancers.
(G) Other Penalties and Remedies. Notwithstanding any other penalty provided by this Code or otherwise by law, any person who violates any provision of this Chapter shall be guilty of a misdemeanor for each such violation pun ishable in accordance with Section

1.04.100 of this Code. In addition, the City may seek compliance with this chapter by any remedy allowed enforce the provisions of this Chapter by any means authorized by law, including but not limited to criminal and/or civil enforcement process including, without limitation, through nuisance abatement proceedings, restraining order, preliminary or permanent injunction, or by any other means available in law or equity. (H) Recovery of Attorney’s Fees – Prevailing Party. In any proceeding or action under this Chapter, including any appeal, reasonable attorneys ’ fees may be recovered by the prevailing party if the City elects, at the initiation of the action or proceeding, to seek its attorney’s fees in the event it is the prevailing p arty; however, the award of attorneys’ fees to a prevailing party shall not exceed the amo unt of reasonable attorneys’ fees incurred by the City in the action or proceeding. In addition, the City may recoup its staff costs for investigating and enforcing violations an d providing notice in accordance with this Chapter.
(I) Evidence Provided By Minor. Whenever evidence of a violation of this Chapter i s obtained in any part through the participation of a person under the age of eighteen (18) years old, such a person shall not be required to a ppear or give testimony in any civil or administrative process brought to enforce this Chap ter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (J) Outstanding Fees and Fines.
(1) Condition of License. No Tobacco Retailer License s hall be issued, renewed, or deemed valid if the applicant or licensee has any unpaid City fees, fines, penalties, or costs related to tobacco retailing operations, including but not limited to permit fees, inspection fees, abatement costs, or administrative citations. (2) Debt to the City. All unpaid fees, fines, or penalties assessed pursuant to this Chapter shall constitute a debt to the City. The City may c ollect such debt by any lawful means, including but not limited to:
i. Institution of a civil action;
173

Page 31 of 31 ends

ii. Placement of a lien or special assessment on the re al property associated with the tobacco retailing business, consistent wit h Government Code Sections 38773–38773.7;
iii. Referral of the debt to a collection agency; and, iv. Any other method of recovery authorized by law.

7.106.160 - Service.

All notices or decisions required to be served by this chapter will be served either by the method specified in subsection (a) or by the method specified in subsection (b) below. The failure of a person to receive a properly addressed service shall not affect the validity of the proceedings. (a) Certified Mail. Certified mail will be address ed to the tobacco retailer at the address shown on the license application. Service is deemed complete upo n the deposit of the notice or decision, postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then service is deemed effective pursuant to regular mail on the date mailed.
(b) Personal Service. Personal service is deemed c omplete on the date the notice or decision is personally served.
(Ord. No. 20-18 N.S., § I, 7-17-2018)

174

Page 1 of 2 ends

March 3, 2026

Library and Community Services

DATE: March 3, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Sam Vaughn, ONS Deputy Director
Michael Romero, CCRP Program Manager
Joan Binalinbing, Associate Administrative Analyst
Subject:

Contract Amendment No. 1 with Commercial Titan Wrap
for Van Wrapping Services
FINANCIAL IMPACT: The proposed $23,095.78 expenditure is included within the approved Fiscal Year 2025-2026 Community Crisis
Response Program budget (Account String: 01401113-
400201).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

As part of the Community Crisis Response Programs
efforts to expand their crisis response services, two (2) additional crisis response vehicles were purchased. To
ensure the safety of the responders as well as display
proper identification to the public. These additional
vehicles require van wrapping to display City and
program logos. The Community Crisis Response
Program is requesting to expand its contract with
Commercial Titan Wrap to accommodate the additional
costs for wrapping the two new vehicles.

RECOMMENDED ACTION:

APPROVE the first contract amendment with Commercial
Titan Wrap for high-performance, exterior-grade vinyl film wrap to Community Crisis Response Programs vehicles
increasing the contract amount by $13,095.78, for a total payment limit to $23,095.78, and extending the contract expiration date to January 1, 2027 - Community Crisis
Response Program (Sam Vaughn 510-620-5404/Michael
Romero 510-620-6791/Joan Binalinbing 510-620-6531).

AGENDA
REPORT
175

Page 2 of 2 ends

March 3, 2026
DISCUSSION:

The Community Crisis Response Program (CCRP) will provide community-focused, trauma-informed, and healing-centered responses to Richmond residents when needed.

The program will be staffed by extensively trained mobile community responders who deliver services in a respectful, non-stigmatizing, and culturally responsive manner. To support field operations, CCRP has secured a total of four (4) mobile crisis response vehicles, including two (2) newly purchased Ford Transit vans and two (2) previously outfitted vans acquired from a neighboring jurisdiction.

In August 2024, the City purchased two (2) Ford Transit vans to support the launch of the Community Crisis Response Program (CCRP). City staff entered into an agreement in January 2025 with Commercial Titan Wrap for the design, production, and professional installation of exterior-grade vinyl graphics displaying approved City and program branding (Attachment 1). In July 2025, CCRP expanded its fleet through the acquisition of two (2) additional vans. To maintain consistent vehicle identification, community recognition, and responder safety across the program’s four (4) mobile units, additional wrapping services are now required (Attachment 2).

Accordingly, the Community Crisis Response Program seeks authorization to amend its existing agreement with Commercial Titan Wrap to provide additional vehicle wrapping services. The amendment will increase the current contract amount from $10,000 by $13,095.78, for a total not-to-exceed amount of $23,095.78 (Attachment 2). The proposed amendment will also extend the contract term through January 1, 2027, to allow for completion of services and any future related needs during the program’s operational period.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract
Attachment 2 – Quote
Attachment 3 – Amendment to the Contract
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40- Community Crisis Response Program Joan Binalinbing
[email protected] 510-620-6531
16783 7268
Van Wrapping
01/01/2025
10,000
Commercial Titan Wrap
999 W CUTTING BLVD
RICHMOND, CA 94804

NOEIL CANO
(510) 974-6401 Commercialtitanwraps@gm
4005-9640
01/01/2026
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COMMERCIAL TITAN WRAPS

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7268
Commercial Titan Wraps
See attached.

179
1 Sub Total 9,375.00
RICHMOND (9.25%) 578.13
Total $9,953.13
Estimate Date : 29 Jul 2024
Commercial Titan Wraps LLC
999 W Cutting Blvd, Ste 11
Richmond California 94804
U.S.A
Estimate
# EST-101903
Bill To
City of Richmond

ACCOUNTS PAYABLES FRONT OFFICE

US DOLLAR CURRENCY
# Item & Description Qty Rate Amount
1 148” Ford Transit Van.

Neon Orange and Black.

Design 4 to 8 hours

1.00 425.00 425.00
2 Production and material
Avery Dennison MPI 1105 SuperCast Film
Cast vinyl and overlamination
148” Ford Transit Van.

Neon Orange and Black.
approx 446.5 sq ft
each $4241

2.00 3,125.00 6,250.00
3 Installation
Cast vinyl and overlamination
20 hours each
148” Ford Transit Van.

Neon Orange and Black.
approx 446.5 sq ft
each $1339.50

2.00 1,350.00 2,700.00
Notes
Cancellation Fee and Reschedule Fee may apply when is less than 24 hours notice.

Authorized Signature

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181
999 W Cutting Blvd, STE 11
Richmond, CA 94804
510-684-9282 or 510-974-6401

COMMERCIAL TITAN WRAPS POLICY
This warranty statement applies exclusively to products manufactured and installed by CTW. COMMERCIAL TITAN WRAPS offers a 6 month (6) in-house warranty on all vehicle wrap and vehicle graphics products. Our comprehensive warranty covers all defects in materials and installation. This includes full replacement of failed materials, removal, and installation.

This warranty does not cover damage to the wrap or graphics from negligence, misuse, accidents, road damage, wear and tear, or any failure not a product of installtion or materials. This warranty does not cover warrantable failures due to pre-existing damage to vehicles. This warranty does not cover a warrantable failure in the event that the client chooses to keep any/all emblems on a vehicle and to have them wrapped over. All claims must be made within the 6 month warranty time frame and are subject to approval by a COMMERCIAL TITAN WRAPS authorized representative. In case of a warrantable failure, CTW’ responsibility is limited solely to, at its option, repairing or replacing the defective wrap or parts of the wrap. Customer’ s option for repair of warrantable failures is strictly limited to repair at a CTW facility. Materials used in warranty repairs will carry the same warranty coverage as the materials they replace, but the expiration dates will be the same as those of the original materials. This warranty is the sole warranty made by CTW in regards to our vehicle wrap products. CTW makes no other warranties, expressed or implied.

Effective date: May 15, 2015. Supersedes all previous warranty statements.

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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT

The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies; ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at , California.

Printed Name: Title:

Signed: Date:

Business Entity:

COMMERCIAL TITAN WRAPS LL
December 24
Richmond

204
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 1 of 4
Revised: September 2011
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.

The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)

3. Original and Separate Additional Insured Endorsem ents for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by th e State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.

6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property. – (Only required for Construction Contracts involving property)

7. Contractor’s Pollution Liability ( if applicable for Construction Contractors) Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to Self- Insure, signed by the California Department of Industrial Relations and Self- Insurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61
.

205
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 2 of 4
Revised: September 2011

PROJECT COST R EQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Fireworks $5 million p/o
General Liability
(primary and excess limits
combined)
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).

If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.

If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.

The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.

Contractor’s Pollution Liability (if
applicable)
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:

HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.

Same limits as General Liability.

Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Additional Insured Endorsement Applicable to General Liability Coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not
exclude products and completed operations
coverage. If it does, then CG 20 37 (10/01) is also required.

206
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 3 of 4
Revised: September 2011
Additional Insured Endorsement
(continued)
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.

SURETY BONDS
(If a Public Works/Engineering
Project)
The Contractor shall provide:

1. A Bid bond

2. A Performance Bond

3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.

Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

207
___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements – Type 1:

Consultants and Contractors
Type 1 – Page 4 of 4
Revised: September 2011
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

208
1 Sub Total 9,375.00
RICHMOND (9.25%) 578.13
Total $9,953.13
Balance Due $9,953.13
Invoice Date : 25 Feb 2025
Terms : Custom
Due Date : 01 Jan 2026
Commercial Titan Wraps LLC
3095 Richmond Pkwy
213
Richmond California 94806
U.S.A
Invoice
# INV-003810
Balance Due
$9,953.13
Bill To
City of Richmond
# Item & Description Qty Rate Amount
1 148” Ford Transit Van.

Neon Orange and Black.

Design 4 to 8 hours

1.00 425.00 425.00
2 Production and material
Avery Dennison MPI 1105 SuperCast Film
Cast vinyl and overlamination
148” Ford Transit Van.

Neon Orange and Black.
approx 446.5 sq ft
each $4241

2.00 3,125.00 6,250.00
3 Installation
Cast vinyl and overlamination
20 hours each
148” Ford Transit Van.

Neon Orange and Black.
approx 446.5 sq ft
each $1339.50

2.00 1,350.00 2,700.00
Payment Options
Authorized Signature
209

DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT

The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract A mendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

A California: corporation, limited liability corporation, general partnership, limited partnership, individual, non-profit corporation, individual dba as [specify:] _________________________________________ other [specify:] ___________________________________________________

2. Purpose. This Contract Amendment is being entered into t o amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City
Manager Execution Date: ____________________________
Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agr ee to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department:

City Project Manager:

City Project Manager E-mail:

City Project Manager Phone No:

Vendor No:

Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

COMMUNITY CRISIS RESPONSE PROGRAM

JOAN BINALINBING
[email protected]
(510) 620-6531
16783
7268

VAN WRAPPING ADDITIONALLY ACQUIRED VANS FOR MOBILE CRISIS RESPONSE 1 COMMERCIAL TITAN WRAP
3095 RICHMOND PKWY
RICHMOND, CA, 94806

NOEIL CANO
(510) 974-6401
[email protected]
4005-9640
12/23/2024
01/01/2025
01/01/2026
$10,000
210
DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. Cit
y of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insur
ance Coverage Updated and Maintained. Pursuant to the Contract, th e Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Author
ity; Counterparts; Signatures. Each of the signatories her eto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CIT

Y OF RICHMOND,
a municipal corp
oration
By: _______________________________
_
Tit
le: ______________________________
Dat
e Signed: ________________________
I he
reby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: ________________
_______________
City Clerk
Appr
oved as to form:

By: _______________________________

City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)

COMMERCIAL TITAN WRAP
211
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by
City Council or executed by the City Manager on
_________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved
by City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved
by City Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not t o exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by Cit
y Council or executed by the City Manager on
________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to ex ceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved b
y City Council or executed by the City Manager on
_______________________ for one or more of the following provisions (check those that apply):

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
01/01/2025
01/01/2027
■
13095.78
23095.78
213

Page 1 of 2 ends

March 3, 2026

Library and Community Services

DATE: March 3, 2026
TO: Mayor Martinez and Members of the City Council
FROM:

Kate Eppler, Deputy Director of Community Services -
Library
Abigail Sims-Evelyn, Library Literacy Program Manager

Subject:

Appropriate Grant Funds from the California State Library for Literacy Education
FINANCIAL IMPACT: Project expenditures will be funded by the California State Library grant. There is no impact on the General
Fund.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The Richmond Public Library has been awarded
$137,058 from the California State Library to support
adult learners and family literacy services offered at the library’s literacy program, Literacy for Every Adult
Program (LEAP), for Fiscal Year 2025-2026.

RECOMMENDED ACTION:

ADOPT a resolution to ACCEPT and APPROPRIATE the
California State Library grant award of $137,058 for adult learner and family literacy services; and AUTHORIZE the city manager or their designee to execute the grant
agreement and certify related grant reports – Community Services Department/Library Division (Kate Eppler 510-
620-5452/Abigail Sims-Evelyn 510-307-8082).

AGENDA
REPORT
214

Page 2 of 2 ends

March 3, 2026
DISCUSSION:

The Richmond Public Library’s Literacy for Every Adult Program (LEAP) provides essential educational services to adults seeking to strengthen their literacy skills, learn English, or support their family’s learning at home. LEAP offers Adult Basic Education, English as a Second Language (ESL), and family literacy services through a combination of group classes and individualized one-to-one tutoring. These no-cost services are made possible, in part, through funding from the California State Library’s California Library Literacy Services (CLLS) program.

In Fiscal Year (FY) 2024–2025, LEAP achieved several meaningful outcomes:
• Six adult learners earned their GED (General Education Development) certificates; • Two adult learners successfully completed the Richmond Builds workforce program; • Forty-two ESL learners demonstrated measurable literacy gains; and • Numerous families created home literacy collections to support reading with their children.

LEAP’s Adult Basic Education services have been supported by California State Library grant funding since FY 1984–1985, and ESL services have been funded since FY 2021–2022. In anticipation of the FY 2025-2026 award, $115,000 was accepted and appropriated into the Library/LEAP operating budget for 2025-2026 during the annual budget process. However, the actual FY 2025-2026 grant award of $137,058 exceeds the planned amount and must be separately appropriated by City Council. The grant funding provides continued support for Adult Basic Education and Family Literacy services, enabling LEAP to expand learning opportunities for the Richmond community.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Grant Award Letter
Attachment 3 – Grant Agreement
Attachment 4 – Grant Augmentation Notice

215
RESOLUTION NO._______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND TO ACCEPT

AND APPROPRIATE A GRANT FROM THE CALIFORNIA STATE LIBRARY, AND ADJUST APPROPRIATIONS BY $137,058 AND ADJUST EXPENDITURES BY $137, 058 IN THE 2025-2026 LIBRARY BUDGET
WHEREAS, the Richmond Public Library receives funds from the California State Library every year to support California Library Literacy Services for adult learners who desire to improve their reading and writing skills; and

WHEREAS, subsequent to the adoption of the City of Richmond 2025-2026 operating budget, the Richmond Public Library estimated that it would receive $115,000; and
WHEREAS, the California State Library awarded the Richmond Public Library $137,058 instead of the estimated amount of $115,000; and

WHEREAS, the additional grant funding of $22,058 will be able to provide literacy education and literacy activities to Literacy For Every Adult Program (LEAP) adult learner and family literacy participants; and

WHEREAS, this grant funding will continue adult learner services at the Richmond Public Library’s adult literacy program, LEAP.

NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Richmond hereby accepts and appropriates the grant award from the California State Library in the amount of $137,058 for use by the Literacy for Every Adult Program (LEAP).

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Manager or their designee is authorized to execute the grant agreement and certify related grant reports.

***************************************************

I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a __________meeting held on __________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

_________________________________________
Clerk of the City of Richmond
(SEAL)

Approved:

______________________________________
216

DocID #64155v1
Mayor

Approved as to form:

______________________________________
City Attorney

217
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16 September 2025
Kate Eppler
Richmond Public Library
440 Civic Center Plaza
Richmond, CA 94804
Dear Kate Eppler,
We are pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

Your total award amount for the 2025-2026 fiscal year beginning July 1, 2025, is:
x Adult Literacy and Family Literacy Services: $128,058 x Total Award: $128,058
CLLS programs with Family Literacy Services will receive one award total, referred to as a “block grant,” for the 2025-2026 project period. Your library is responsible for allocating award funds between Adult Literacy Services and Family Literacy Services to respond to community needs and for adhering to the following requirements:
x At least 51 percent of the block grant award must be allocated to Adult Literacy Services.
x At least 26 percent of the block grant award must be allocated to Family Literacy Services.
x Programs who requested a fixed award for Family Literacy Services may adjust their request by +/- 25 percent. Contact your state team for support.

The block grant model does not apply to English as a Second Language Services funds for the 2025-2026 project period.

Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award:
x Total Initial Award Amount: $115,252
Information about claiming the rest of your award is included in the payment schedule at the end of your award packet.

You must encumber your funds by June 30, 2026. You must fully expend funds by September 30, 2026, or by the final report due date, in accordance with your approved budget on file with the State Library. Encumbered funds are those that have been deposited in the Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4 218
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grantee’s accounting system and for which a budget has been provided to and approved by the State Library.

Review the California Library Literacy Services Allowable and Unallowable Expenses guidelines to ensure project expenditures are consistent with the California Library Literacy Services allowable expenses. If you have questions about expenses or expending award funds, contact Allyson Jeffredo at [email protected].

We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the California Library Literacy Services Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.

The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. All forms should be completed and signed through Docusign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Contact your Program Consultant Julianna Robbins and your Grant Monitor Allyson Jeffredo at [email protected] with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: Julianna Robbins, [email protected]
Allyson Jeffredo, [email protected]
State Library Fiscal Office, [email protected] Abigail Sims-Evelyn, [email protected]
Yvette Williams-Barr, [email protected]
Enc: Re: CLLS25-63: Claim form, certificatio n form, and State Funded Grants Award Agreement and Certificate of Compliance
Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4 10/11/2025
219

STATE-FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4 220
Richmond Public Library
California Library Literacy Services
2025-2026 CLLS25-63

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TABLE OF CONTENTS

PROJECT SUMMARY

2 PROCEDURES and REQUIREMENTS

3 A. Term of the Agreement

3 B. Scope of Work

3 C. Budget Detail

3 D. Narrative and Financial Reports

4 E. Claim Form and Payment

5 EXHIBIT A: TERMS and CONDITIONS

7 EXHIBIT B: CERTIFICATION of COMPLIANCE FORMS

EXHIBIT C: CALIFORNIA LIBRARY LITERACY SERVICES

GUIDELINES
22 26

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California Library Literacy Services
2025-2026 CLLS25-63

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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Richmond Public Library for the California Library Literacy Services project.

AWARD AGREEMENT NUMBER CLLS25-63
This Award Agreement (“Agreement”) is entered into on July 1, 2025, by and between the California State Library (“State Library”) and Richmond Public Library, (“Grantee”).

This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $128,058 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2025, and ends June 30, 2026. The project’s final expenditure date is September 30, 2026. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2026, and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
• Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
• Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project.
• If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
• Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4 223
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Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July 1 - December 31 Mid-Year Report Due January 31, 2026 July 1 - June 30 Final Report Due September 30, 2026

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

6. In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4 224
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evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

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8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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EXHIBIT A: TERMS and CONDITIONS

1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:

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“Funding provided by the State of California.”
c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4 228
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a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

Richmond Public Library
Kate Eppler
440 Civic Center Plaza
Richmond, CA 94804
[email protected]

California State Library
Allyson Jeffredo
900 N Street
Sacramento, CA 95814
[email protected]
916-603-6709
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10. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

12. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

13. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

14. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final.

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Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

15. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Grantee’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

18. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

19. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4231 Richmond Public Library
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determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

20. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

21. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

22. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

23. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

24. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

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25. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

26. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

27. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

28. Grantee: the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided.
a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

29. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

30. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

31. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4233 Richmond Public Library
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any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

32. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

33. License to Use: The California State Library reserves a fully paid-up, royalty- free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:

a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

34. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $128,058 and shall be expended/encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

35. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

36. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4234 Richmond Public Library
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harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

37. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.

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e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

38. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s California State Library- approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

39. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.

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d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

40. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

41. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

42. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

43. Privacy Protection: Both parties agree to protect the confidentiality of any non-public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

44. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

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45. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties.

Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

46. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

47. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.

48. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

49. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

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50. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $115,252 upon execution of the agreement and submission of claim by the grantee organization.
o A second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $12,806.

51. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

52. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

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53. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

54. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days.

If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

56. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of- term or earlier termination, as determined by the State Library in its sole discretion.

57. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with Docusign Envelope ID: CFC39BE7-2B9E-4F8D-99B7-FE52E02A9EC4240 Richmond Public Library
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Richmond City CouncilMarch 3, 2026

Richmond City Council
March 3, 2026