Agenda packet — Sonora City Council, June 1, 2026

Mission Statement: To foster a safe, vibrant, and prosperous community that enhances the quality of life for all
Vision Statement: With leadership and integrity, the City of Sonora commits to excellent service through collaboration and innovation

CITY OF SONORA
City Council Regular Meeting
Agenda
Monday, June 01, 2026
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on June 1, 2026 at 5:00 PM in the City of Sonora Council Chambers located at 94 N. Washington Street Sonora, CA 95370.

This meeting is physically open to the Public and citizens who wish to provide public comment during the meeting will be invited to do so by the Mayor.

Written comments can be submitted to be included as part of the administrative record; they will not be read during the meeting. All comments must be received by 3:00 pm on the day of the noticed meeting and can be submitted to the City Clerk at 94 N. Washington Street Sonora, CA 95370, or via email to [email protected].

Public Access Audio and Video Live Streaming
The Public will not have access to give public comments via public access audio and video live streaming; they are available for audio and visual only; and can be accessed via our website at www.sonoraca.com.

Remote viewing of the meeting via live streaming is provided to members of the public as a courtesy. If the live streaming connection malfunctions for any reason and no Council Members are attending via teleconference, the City Council will continue the public meeting in Chambers without remote access.

CITY COUNCIL appreciates your interest and encourages participation. Regularly scheduled meetings are held on the 1st and 3rd Monday of each month.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at their discretion, will refer to Staff.
___________________________________________________________________________________________ Mayor Ann Segerstrom
Vice Mayor Andy Merrill
Council Members Bess Levine, Stephen Opie, Mark Plummer City Administrator Christopher Gorsky
City Attorney Douglas White___________________________________________________________________ 1 Mission Statement: To foster a safe, vibrant, and prosperous community that enhances the quality of life for all
Vision Statement: With leadership and integrity, the City of Sonora commits to excellent service through collaboration and innovation
OPEN SESSION - 5:00 PM

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. CITY CLERK’S REPORT ON AGENDA POSTING

4. APPROVAL OF THE AGENDA

5. PUBLIC COMMENT (NON-AGENDA ITEMS)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to a three (3) minute presentation.

6. CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.

A. Consider Approval of the Meeting Minutes from May 18, 2026; Stacy Enos-Del Razo; Deputy City Clerk.

B. Consider Approval of Resolution 06-01-2026-A, Authorizing Temporary “No Parking” Zones along Certain City Streets during the 2026 Mother Lode Fair; Turu VanderWiel, Police Chief.

C. Consider Adoption of Resolution 06-01-2026-B, Approving a List of Projects to Receive Road Maintenance and Rehabilitation Account Funding (RMRA); Carlye Buchholz, P.E., P.L.S., City Engineer.

7. PUBLIC HEARINGS
A. Waive the First Reading, Read by Title Only, and Introduce Ordinance No. 916 of the Sonora City Council Amending the City of Sonora Municipal Code to Add Chapter 8.50 to Title 8 Regulating Tobacco Product Sales and Consider a Fee Schedule for Tobacco Retailer Licenses; Tyler Summersett, Community Development Director.

8. NEW BUSINESS
A. Consider Approval of the Removal of Two Crosswalks on S. Washington Street to Enhance Pedestrian Safety; Carlye Buchholz, P.E., P.L.S., City Engineer.
2 Mission Statement: To foster a safe, vibrant, and prosperous community that enhances the quality of life for all
Vision Statement: With leadership and integrity, the City of Sonora commits to excellent service through collaboration and innovation

9. COUNCIL MEMBER REPORTS

10. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page.
3 CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: June 1, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Stacy Enos-Del Razo, Deputy City Clerk
SUBJECT: Meeting Minutes from May 18, 2026.

RECOMMENDATION:

Consider Approval of the Meeting Minutes from May 18, 2026.

DISCUSSION / ANALYSIS:

Staff Recommends the City Council Approve the Meeting Minutes from May 18, 2026.

FISCAL IMPACT:

No Fiscal Impact to the General Fund.

ATTACHMENTS:

Meeting Minutes from May 18, 2026.

CORE COUNCIL PRIORITIES:

Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan, Homelessness Issues, Staffing - Salary, Benefits, Training, and Retention
4 Item A.

CITY OF SONORA
City Council Regular Meeting
Minutes
Monday, May 18, 2026
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on May 18, 2026, at 5:00 PM in the City of Sonora Council Chambers located at 94 N. Washington Street Sonora, CA 95370.

This meeting is physically open to the Public and citizens who wish to provide public comment during the meeting will be invited to do so by the Mayor.

CITY COUNCIL appreciates your interest and encourages participation. Regularly scheduled meetings are held on the 1st and 3rd Monday of each month.

PLEDGE OF ALLEGIANCE
Councilmember Bess Levine led the Pledge of Allegiance.

ROLL CALL

PRESENT
Mayor Ann Segerstrom
Vice Mayor Andy Merrill
Councilmember Bess Levine
Councilmember Stephen Opie
Councilmember Mark Plummer
CITY CLERK’S REPORT ON AGENDA POSTING
The Agenda was posted on Friday, May 15, 2026, at 10:19 am.

APPROVAL OF THE AGENDA
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Mark Plummer. Voting Yea: Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer.

PUBLIC COMMENT (NON-AGENDA ITEMS)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to a three (3) minute presentation.

Kate Segerstrom addressed the Council.

Andy Carter Tuolumne County Transportation Council/Tuolumne County Transportation Agency (TCTC/TCTA) addressed the Council and gave an update.

A member of the public addressed the Council.

Brian Raymond representing the Office of Senator Marie Alvarado-Gil addressed the Council and presented a Resolution.

A member of the public addressed the Council.
6 Item A.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.

1. Consider Approval of the Meeting Minutes from May 4, 2026; Stacy Enos-Del Razo, Deputy City Clerk.

2. Approve a Proclamation Recognizing National Travel and Tourism Week, May 3-9, 2026, and California Tourism Month (May 2026); Ann Segerstrom, City of Sonora Mayor.

3. Consider Acceptance of an Informational Report for April 2026 Accounts Payable Payment Register and Void Report; Chris Gorsky, City Administrator.

4. Consider Acceptance of Disbursements in the Amount of $232,628.60 and $198,523.10 for Payroll, Including Employee Salaries, Employer and Employee Taxes, Retirement Contributions, Miscellaneous Voluntary Employee Deductions, Holiday Pay, and Other Adjustments, Including Retro-Pay; Nicole McCutchen, Administrative Services Officer.

Jen Lopez Marketing Manager for Visit Tuolumne County addressed the Council.

Mayor Ann Segerstrom made a comment.

Motion made by Councilmember Mark Plummer, Seconded by Councilmember Stephen Opie. Voting Yea: Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer

PUBLIC HEARINGS

5. Consider Adoption of Resolution 05-18-2026-B Accepting the Updated Safety Element and Amending the City of Sonora General Plan; Tyler Summersett, Community Development Director.

Tyler Summersett Community Development Director introduced Kelli Allen Environmental Project Manager with CSG Consultants.

Kelli Allen Environmental Project Manager presented the Updated Safety Element.

Tyler Summersett Community Development Director addressed the Council.

Councilmembers asked questions and discussed.

Kelli Allen Environmental Project Manager made additional comments. 7 Item A.

Written comments were received.

Tyler Summersett Community Development Director thanked Kelli Allen.

Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Mark Plummer. Voting Yea:

Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer

6. Waive the First Reading, Read by Title Only, and Introduce Ordinance No. 916 of the Sonora City Council Amending the City of Sonora Municipal Code to Add Chapter 8.50 to Title 8 Regulating Tobacco Product Sales and Consider a Fee Schedule for Tobacco Retailer Licenses; Tyler Summersett, Community Development Director.

Tyler Summersett Community Development Director presented the Tobacco Product Sales and Fee Schedule for Tobacco Retailer Licenses.

Councilmembers asked questions and discussed.

Katie Johnson Tuolumne County Public Health, Kristina Herrera Tuolumne County Public Health, Dr.

Kimberly Freeman Health Officer and Turu VanderWiel Police Chief discussed the Tobacco Retail License and tobacco products with the Council.

Tyler Summersett Community Development Director made additional comments.

Councilmembers gave their thoughts and made suggestions for Ordinance No. 916.

Steve Green Owner Mountain Vapors addressed the Council.

A member of the public addressed the Council.

Tyler Summersett Community Development Director made final comments.

Council gave direction to staff to bring the first reading of Ordinance No. 916 back to the next City Council meeting.

QUARTERLY REPORTS

7. Receive the Administrative Services Department Report for the 3rd Quarter of FY25/26; Chris Gorsky, City Administrator.

8. Receive the Community Development Departments Quarterly Report for January, February and March 2026; Tyler Summersett, Community Development Director.
8 Item A.

9. Receive City of Sonora Fire Department Quarterly Report for January, February and March 2026; Brittan Gregory, Fire Chief.

10. Receive the City of Sonora Police Department Quarterly Report for January, February and March 2026.

Councilmember Bess Levine asked for clarification if you could Text 911.

Turu VanderWiel Police Chief confirmed you can Text 911.

11. Receive the Sonora Public Works Department Quarterly Report for January, February, and March 2026; Matt Lewallen, Public Works Supervisor.

COUNCIL MEMBER REPORTS
Councilmember Mark Plummer attended Tuolumne County Transportation Council (TCTC); and Local Agency Formation Commission (LAFCO) meetings.

Councilmember Stephen Opie had nothing to report.

Councilmember Bess Levine attended the Mother's Day Parade and Rodeo; and the Farmer's Market.

Vice Mayor Andy Merrill attended TCTC; and the Commission on Homelessness meetings.

Mayor Ann Segerstrom attended LAFCO; Cal Cities; Central Sierra Economic Development meetings; held a Meeting in a Box; and attended Cars, Cops and Coffee.

ADJOURNMENT
Adjourned at 7:05 pm.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: June 1, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Turu VanderWiel, Chief of Police
SUBJECT: Resolution 06-01-2026-A, Establishing Temporary No Parking Zones during the 2026 Mother Lode Fair
RECOMMENDATION:

Consider Approval of Resolution 06-01-2026-A, Authorizing Temporary “No Parking” Zones along Certain City Streets during the 2026 Mother Lode Fair.

BACKGROUND:

Each year, the Tuolumne County Mother Lode Fair is held at the fairgrounds within the city limits of Sonora. This event attracts a large amount of vehicle and pedestrian traffic around the fairgrounds. Because of the additional traffic, temporary “No Parking” zones are established to assist with the flow of pedestrian traffic, as well as to keep narrow streets open for emergency vehicles.

DISCUSSION / ANALYSIS:

The Mother Lode Fair will begin on Thursday, July 2, 2026, and end on Sunday, July 5, 2026. Because of the large volume of pedestrian and vehicle traffic around the fairgrounds, temporary “No Parking” zones are needed to assist with the flow of pedestrian traffic and to keep narrow streets open for emergency vehicles.

FISCAL IMPACT:

There is no direct fiscal impact resulting from the adoption of Resolution 06-01-2026-A.

ATTACHMENTS:

Resolution Number 06-01-2026-A
CORE COUNCIL PRIORITIES:

Public Safety and Disaster Preparedness.
10 Item B.

RESOLUTION 06-01-2026-A
____ _________________________________________________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA, CALIFORNIA, APPROVING TEMPORARY “NO PARKING” ZONES ON CERTAIN CITY STREETS TO ACCOMMODATE PEDESTRIAN, AS WELL AS VEHICLE TRAFFIC ASSOCIATED WITH THE MOTHER LODE FAIR, TO BE HELD THURSDAY, 2 JULY 2026, THROUGH SUNDAY, 5 JULY 2026.

WHEREAS, the Mother Lode Fairgrounds will be presenting the 2026 fair within the City limits of Sonora; and WHEREAS, the Mother Lode Fair tends to increase vehicle and pedestrian traffic in areas around the fairgrounds; and
WHEREAS, NO PARKING zones will be needed along certain City Streets to assist with the flow of pedestrian traffic while keeping narrow streets accessible for emergency vehicles.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONORA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Temporary “NO PARKING” zones will be established on the following streets from Thursday, 2 July 2026, through Sunday, 5 July 2026.

Section 3. There shall be no parking at the south/east corner of State Route 49 (Stockton Road) and Southgate in the area of the locomotive and crosswalk.

Section 4. There shall be no parking on the east side of Solinski, between State Route 49 (Stockton Road) and West Jackson Street.

Section 5. There shall be no parking on Fairview Lane, between State Route 49 (Stockton Road) and the driveway into the Tuolumne County Superintendents’ Office.

Section 6. There shall be no parking on the east or west side of Forest Road, between State Route 49 (Stockton Road) and the driveway into the Adventist Health Wellness Center.

PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on 1 JUNE 2026, by the following votes:

AYES:

NOES:

ABSENT:
11 Item B.

Signed and approved on:______________, 2026
_________________________________
Ann Segerstrom, Mayor, City of Sonora
ATTEST: ____________________________________
Nicole McCutchen, City Clerk, City of Sonora
RESOLUTION 06-01-2026-A
12 Item B.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: June 1, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Carlye Buchholz, P.E., P.L.S., City Engineer
SUBJECT: SB1 Road Maintenance and Rehabilitation Account Funding.

RECOMMENDATION:

Consider Adoption of Resolution 06-01-2026-B, Approving a List of Projects to Receive Road Maintenance and Rehabilitation Account Funding (RMRA).

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both State and Local roads, SB1 increased per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration fees; and provided for inflationary adjustments to tax rates in future years.

DISCUSSION / ANALYSIS:

In order to be eligible for RMRA funding, statue requires cities to provide basic annual projects reporting to the California Transportation Commission. All projects proposed to receive funding must be included in an approved budget and list adopted by the City Council at a regular public meeting.

Eligible projects include:
 Road maintenance and rehabilitation
 Safety projects
 Traffic control devices
FISCAL IMPACT:

Approval of the Road Maintenance and Rehabilitation Account Resolution is required to continue receiving Road Maintenance and Rehabilitation Account (RMRA) funding pursuant to Senate Bill 1 (SB 1). The City estimates FY2026/27 RMRA revenues in the amount of approximately $136,000. Following planned expenditures associated with the Snell Road Reconstruction Project, the RMRA fund balance is projected to be approximately $653,000. These funds are restricted for eligible street maintenance, rehabilitation, and related transportation improvement projects in accordance with SB 1 requirements. 13 Item C.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP ATTACHMENTS:
 Resolution 06-01-2026-B
CORE COUNCIL PRIORITIES:

Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness 14 Item C.
1 RESOLUTION 06-01-2026-B
CITY OF SONORA RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2026-2027 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an approximately $136,000 in RMRA funding in Fiscal Year 2026-27 from SB 1; and
WHEREAS, this is the tenth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a Project Priority List to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets and roads throughout the City this year and similar projects into the future; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “poor” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “at risk” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. 15 Item C.
2 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Sonora, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted projects will be funded in-part or solely with Fiscal Year 2026-27 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Snell Road Reconstruction Project
Project Description: Road reconstruction and striping
Project Location: Snell Street (City Limits to Bonanza) Estimated Project Schedule: 5/24 – 6/28
Estimated Project Useful Life: 20 Years
The foregoing Resolution of the City Council of the City of Sonora was PASSED AND ADOPTED by the City Council, State of California, at a public hearing held on this 1 st Day of June, 2026, by _____________________,
who moved its adoption, which motion was duly seconded by _____________________, and the Resolution adopted by the following vote:

AYES: _____________________________________
NOES: _____________________________________
EXCUSED: __________________________________
APPROVED:
_________________________________
Ann Segerstrom, Mayor, City of Sonora
ATTEST:
_________________________________
Nicole McCutchen, Clerk, City of Sonora
16 Item C.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: June 1, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Tyler Summersett, Community Development Director
SUBJECT: Waive the First Reading, Read by Title Only, and Introduce Ordinance No. 916 of the Sonora City Council Amending the City of Sonora Municipal Code to Add Chapter 8.50 to Title 8 Regulating Tobacco Product Sales and Consider a Fee Schedule for Tobacco Retailer Licenses.

RECOMMENDATION:

Waive the First Reading, Read by Title Only, and Introduce Ordinance No. 916 of the Sonora City Council Amending the City of Sonora Municipal Code to Add Chapter 8.50 to Title 8 Regulating Tobacco Product Sales and Consider a Fee Schedule for Tobacco Retailer Licenses; and
Determine the Project Statutorily Exempt as the Appropriate Level of Environmental Review in Accordance with the California Environmental Quality Act (CEQA) and Guidelines; and Consider Adoption of Resolution 06-1-2026-C Adopting a Fee Schedule for Tobacco Retail Licenses in the City.

BACKGROUND:

The City of Sonora currently lacks a regulatory framework to effectively monitor and enforce tobacco retail activities. As a result, staff is proposing Chapter 8.50 et. seq. of the City’s Municipal Code introducing a licensing system for tobacco retailers within the City of Sonora. This ordinance is intended to curb unlawful sales practices and ensure compliance with local, state, and federal tobacco control laws.

The primary objective of Chapter 8.50 is to require tobacco retailers to obtain a license and comply with operational regulations. This ordinance provides the framework for regulating sales of tobacco products within the City and imposes penalties for non-compliance.

The ordinance is intended to prevent youth access to tobacco products, ensure compliance with state and federal regulations, reduce the prevalence of flavored tobacco products, kratom and nitrous oxide (NOX).

DISCUSSION/ANALYSIS:
17 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP The Tobacco Retail License ordinance was previously presented to the Sonora City Council for consideration on May 18, 2026. The Ordinance is being brought back with the following modifications:

1. Removal of Proximity to Youth Oriented Facilities (1000’)

2. Removal of Proximity to Other Tobacco Retailers (1000’)

3. Modification to Population and Density, the total number of tobacco retailer licenses issued to significant tobacco retailers within the City shall be limited to one for each 1,200 inhabitants of the City (yielding an allowance of 4; previously was 1,650 with an allowance of 3)

4. Language added to Section 8.50.110, waiving fees for new businesses and existing Retailers who have not had a violation of the ordinance in the previous license year.

Ordinance Summary
The proposed ordinance establishes a comprehensive framework for regulating the sale of tobacco products within the City. The ordinance further aligns with state and federal regulations and addresses concerns regarding illegal access to tobacco.

Chapter 8.50 et. seq. would require tobacco retailers to obtain a license and comply with operational regulations as prescribed in the ordinance. Salient provisions of the ordinance include:

1. Section 8.50.020 – Licensing Requirements: All tobacco retailers must obtain a license from the City. Licenses are issued for a one-year period and must be renewed annually.

2. Section 8.50.020 A – G. Restrictions on Sales: The ordinance prohibits sales of tobacco products to individuals under 21 years of age and restricts the sale of flavored tobacco products.

3. Section 8.50.020 J. Security Measures Required: All tobacco retailers shall follow required measures as specified on the license application.

4. Section 8.50.030 Sale of Flavored Tobacco Products Prohibited. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

5. Section 8.50.050 B. Licensed Cannabis Business. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis or pharmacy.

6. Section 8.50.050 G Population and Density. The total number of tobacco retailer licenses issued to Significant Tobacco Retailers within the City shall be limited to one for each 1,200 inhabitants of the City.

7. Section 8.50.060 Application Procedure. Outlines the procedures for obtaining a tobacco retailer license. 18 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP

8. Section 8.50.070 License Issuance/Denial/Appeal. Outlines the approval/denial findings for a tobacco retailer license and appeal procedures.

9. Section 8.50.080 and 8.50.090 License Renewal, Expiration and License not Transferable. Outlines License Renewal and Expiration procedures.

10. Section 8.50.120 Compliance and Monitoring: Regular compliance checks will be conducted to ensure adherence to the ordinance. Violations are subject to penalties, including license suspension and revocation.

11. Section 8.50.130 – 8.50.150 Enforcement: The ordinance designates the City of Sonora Police Department, Code Enforcement and any agency or person designated by the Department to enforce the provisions of the ordinance. Regular inspections will be conducted, and violations will be addressed through civil penalties and potential license revocation, as outlined.

12. Section 8.50.070 Appeal of Issuance or Denial of License: Any person aggrieved by any decision to issue or deny a license may appeal to the City Council.

13. Section 8.5.140 Tobacco Retailing without a Valid License: Administrative Fines may be levied for unlicensed Tobacco Retailers.

Importantly, the draft Ordinance is not intended to affect or otherwise eliminate existing Smoke shops/significant tobacco retailers or general tobacco retailers within the City. However, Section 8.50.050 A – G contains several location based and other requirements to obtain a new Tobacco Retail License (TRL) including:

8.50.050 A. Mobile Vending prohibited;

8.50.050 B. Licensed Cannabis Business shall not be issued a Tobacco Retail License;

8.50.050 C. Pharmacies shall not be issued a Tobacco Retail License;

8.50.050 G. Population and Density include the total number of retail licenses to be issued to a significant tobacco retailer to be limited to one for each 1,200 inhabitants of the city (e.g., 5,000/1,200=4 Tobacco Retailer Licenses Total)

8.50.070 Appeal of Issuance or Denial. Any person aggrieved by any decision to issue or deny may appeal to the City Council.

Should any of the existing Tobacco Retailers not comply with any one or more location/proximity based or other provisions of the Tobacco Retail License Ordinance, they would be considered legally non-conforming in accordance with Section 17.58 of the City’s Municipal Code and may continue indefinitely unless the use has been abandoned or otherwise ceases for a period of one year or more. 19 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP Moreover, the Tobacco Retailer License (TRL) divides City retailers into 2 categories- Significant Retailers/Smoke shops and Tobacco Retailer- General (which includes convenience and retail stores). The definition of “Smoke shop/significant tobacco retailer”, applies to any business for which the principal or core business is selling tobacco products, tobacco accessories, or both, as evidenced by any of the following: twenty-percent (20%) or more of floor or display area is devoted to tobacco products, tobacco accessories, or both; or sixty percent (60%) or more of gross sales receipts are derived from the sale or exchange of tobacco products, tobacco accessories, or both; or fifty percent (50%) or more of completed sales transactions include tobacco products or tobacco accessories”. The ordinance will limit this type of business to four (4) within City limits or 1 per 1,200 inhabitants.

The General retailers will not be capped within the City.

Additionally, Ordinance 916 will prohibit the sale of Nitrous Oxide and Kratom products in the City of Sonora.

This is not currently a State or Federal law, although other City’s across the state have chosen to move forward with a similar ban. These products are currently available at some shops within the City, so this represents a curtailment of current practice for a few businesses.

Lastly, as noted, the primary objective of Chapter 8.50 et. seq., is to prevent youth access to tobacco products, ensure compliance with state and federal regulations and with City operational regulations. The Findings Section of the Ordinance substantiates and outlines the basis for the ordinance. The statistics on use of tobacco products is alarming and continues to be an urgent public health issue, particularly for young people in Tuolumne County.

TOBACCO RETAILER LICENSE APPLICATION FEES:

Staff recommends the following for TRL cost recovery for businesses who have had a violation during the previous license year.

Costs to the City are identified as--
a. Administrative (work to create the application, mail annual invoice, update forms, confirm payment, retailer education)
b. Application Processing (application review for completeness, follow up, permit issuance) c. Compliance Monitoring (inspection for each Tobacco Retailer at least one time annually, documentation of violations or compliance, prosecution of violators)
3 hours are anticipated to complete this work at the average hourly rate would put the TRL fee at: $240 (3 hours) Outreach to Retailers:

During outreach to City businesses, several of the retailers expressed frustration with the City’s intent to license on top of the State License that they already need. The real angst seemed to revolve around the fact that the State recently notified license holders that the State fee would increase from $265 dollars annually to $450. This is an increase of $185 dollars.
20 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP Additionally, some of the retailers felt they were being punished, even though they had not done anything wrong.

A no fee license with penalties for non-compliance could be one approach to address this issue.

BUSINESSES IMPACTED BY A TOBACCO RETAIL LICENSE:

Fourteen (14) Retail Businesses will be impacted by the Tobacco Retail License.

PLANNING COMMISSION:

The Tobacco Retail License item went to the Planning Commission at the April 25, 2026 meeting. The Planning Commission voted 5-0 to support the Tobacco Retail License. Separately, they voted 5-0 to support no fee for the license, or a very low fee in light of the increased fee at the State level and the requirement for licensing with both the State and City.

CEQA DETERMINATION:

The Ordinance qualifies for Statutory Exemption(s) from the California Environmental Quality Act (CEQA) and Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3). In accordance with Section 15060(c)(2), the ordinance does not constitute a “Project” as defined in the CEQA Guidelines. Section 15061(b)(3) is the “common sense” exemption noting that the project will not have an impact on the environment. As the project will require tobacco retailers to obtain a license and will not result in any physical change to a building or property, there will be no impact on the environment.

FISCAL IMPACT:

Implementation of the Tobacco Retail License (TRL) program may result in a neutral to minor fiscal impact to the City depending on violations of the ordinance. Staff recommends an annual Tobacco Retail License Fee of $240 per Retailer to recover the City’s administrative, application processing, inspection, and compliance monitoring costs associated with implementation and enforcement of the ordinance. The annual license fee will be waived during the first year of the program and in any subsequent license year in which the retailer has no violations of the ordinance.

ATTACHMENTS:

1. Ordinance No. 916 - An Ordinance of the City of Sonora Amending the City of Sonora Municipal Code Adding Chapter 8.50 of Title 8 Regulating Tobacco Product Sales and Requiring the Licensure of Tobacco Retailers.

2. Resolution No. 06-1-2026-C - Adopting a Fee Schedule for Tobacco Retail Licensing 21 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP CORE COUNCIL PRIORITIES:

Fiscal Responsibility and Stability
22 Item A.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA REGULATING TOBACCO

PRODUCT SALES, REQUIRING THE LICENSURE OF TOBACCO RETAILERS, AND AMENDING

THE CITY OF SONORA MUNICIPAL CODE
The city council of the City of Sonora does ordain as follows:

8.50.000 – See Appendix A: Findings

8.50.010 – DEFINITIONS. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflectsthe fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction.

B. “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, asthat section may be amended from time to time.

C. “Cannabis Product” hasthe meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.

D. “Cannabis Retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 etseq., asthat section may be amended from time to time.

E. “Child-Resistant Packaging" means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16,section 1700.20, asin effect on January 1, 2015.

F. “Cigar”means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand.

G. “Cigarette” means:

1. any roll of tobacco wrapped in paper or in any substance not containing tobacco; and

2. any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the iller, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.

H. "Compliance checks" means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this chapter. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for 23 Item A.
educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.

I. "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

J. “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or appbased service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up.

K. “Department” means the City of Sonora Police Department, the City of Sonora Code Enforcement, and any agency or person designated by the Department to enforce or administer the provisions of this chapter.

L. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are deined in the Federal Food, Drug, and Cosmetic Act.

M. “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice.

N. "Full Retail Price" means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

O. “Kratom product” means any or all parts of the plant Mitragyna speciosa that contains mitragynine or 7-hydroxymitragynine (also known as 7-OH or 7-Hydroxy), or any food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption that contains any part of the plant Mitragyna speciosa or any extract, synthetic alkaloid, or synthetically derived compound of such plant or its leaf including, but not limited to, any powder, capsule, pill, beverage, or other edible product intended for human consumption.

P. “Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 24 Item A.
pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.

Q. "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.

R. “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.

S. "Nitrous oxide" means a colorless, nonflammable gas (N:O) sometimes used in aerosols and sometimes used as an anesthetic, which, when inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and used often as an anesthetic in dentistry. Nitrous oxide is oftentimes called "laughing gas." T. "Nitrous oxide device" means any cartridge, compressed gas cylinder, apparatus, container, or other device intended or designed to be used to contain or dispense or administer nitrous oxide.

U. “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

V. “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered forsale, regardless of whether the retail establishmentsells other retail goodsin addition to prescription pharmaceuticals.

W. “Proprietor” means a person with an ownership or managerial interest in a business.

An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business.

X. “Recreation Facility” means an area, place, structure, or other facility that is used either permanently ortemporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.

Y. "Sale" or "Sell" means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

Z. “Self-Service Display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self- service display.

AA."Smoke shop/significant tobacco retailer" means any person or business for which the principal or core business is selling tobacco products, tobacco accessories, or both, as evidenced by any of the following: twenty percent (20%) or more of floor or display area is devoted to tobacco products, tobacco accessories, or both; or sixty 25 Item A.
percent (60%) or more of gross sales receipts are derived from the sale or exchange of tobacco products, tobacco accessories, or both; or ifty (50%) percent or more of completed sales transactions include tobacco products or tobacco accessories.

BB."Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. "Smoking" includes using an electronic smoking device.

CC. “Tobacco Product” means:

1. any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuf, or snus;

2. any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

3. any component, part, or accessory of 1. Or 2., whether or not any of these containstobacco or nicotine, including but not limited to ilters,rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are deined in the Federal Food, Drug, and Cosmetic Act.

DD. "Tobacco retailer" means any person or business that sells, ofers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products or tobacco paraphernalia. This definition includes both tobacco retailers-general (EE below) and smoke shops/significant tobacco retailers (AA above)..

EE.“Tobacco retailer-general”means any person or businessthatsells, offersforsale, or exchanges or offers to exchange for any form of consideration, tobacco products or tobacco paraphernalia, but for which the sale of such products is not the primary or core business. To qualify as a tobacco retailer-general, the establishment must not meet any of the criteria listed in AA above, which define a smoke shop/significant tobacco retailer. Examples of tobacco retailer-general licensees may include, but are not limited to: convenience stores, supermarkets, grocery stores, gas stations, or mini-marts.

FF. “Tobacco Retailing” means engaging in the activities of a tobacco retailer.

GG. “Youth-Oriented Facility” means a parcel in the city that is occupied by:

1. a private or public kindergarten, elementary, middle, junior high, or high school;

2. a library open to the public;

3. a playground open to the public;

4. a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
26 Item A.

5. a recreation facility open to the public, defined as an area, place, structure, or otherfacility that is used either permanently ortemporarily for community recreation, even though it may be used for other purposes;

6. a park open to the public or to all the residents of a private community;

7. a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]];

8.50.020 – GENERAL REQUIREMENTS AND PROHIBITIONS.

A. TOBACCO RETAILER’S LICENSE REQUIRED. Itshall be unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer’slicense for each location at which tobacco retailing isto occur. Tobacco retailing without a valid tobacco retailer’s license 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 issued, it shall be a violation of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products.

C. SMOKING PROHIBITED. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter.

D. MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.

E. DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

F. POSITIVE IDENTIFICATION REQUIRED FOR SALE. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of government- issued photographic identification that the recipient is at least 21 years of age.

G. SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited.

H. ON-SITE SALES. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this chapter for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city.

I. POSITIVE IDENTIFICATION REQUIRED FOR ENTRY: SMOKE SHOPS/SIGNIFICANT TOBACCO RETAILERS. No smoke shop/significant tobacco retailer shall allow the following individualsto enter its premises: (1) any individual who is younger than the minimum age established by state law for the purchase or possession of tobacco products; (2) any individual who appears to be under the age of twenty-seven (27) 27 Item A.
years, unless an examination of the individual's identification confirms that the individual is at least the minimum age under state law to purchase and possess tobacco products.

J. SECURITY MEASURES REQUIRED: SMOKE SHOPS/SIGNIFICANT TOBACCO RETAILERS. Allsmoke shops/significant tobacco retailersshall follow required security measures asspecified on the license application. These measuresshall include, but may not be limited to:

1. The facility shall be alarmed with a monitored burglar alarm. The monitoring center shall be UL-listed. In addition to motion sensors, alarm components shall include contact points on all interior and exterior doors, windows capable of opening, motion sensorsin each room of the facility, and glass break sensors on any external windows. The facility alarm shall be equipped with non-emergency notification technology that provides immediate notification of facility management of any system failures (e.g., power outage, sensor malfunction). The burglary alarm shall cause the alarm company to immediately notify the Sonora Police Department Communications Center.

2. Recorded closed-circuit color video (CCTV) cameras shall be installed and employed to monitor all aspects of the facility. All areas of the facility accessible to patrons shall be equipped with video monitors in a visible location where patrons can clearly see that their activities are being monitored.

3. Any rear door used to admit employees or deliveries shall be equipped with a 180-degree viewing device.

4. Height markers that display height measurements are required on the interior of the business, at a minimum, located at entrances and exits.

5. The patron entrance shall be equipped with signage prohibiting hats and hoods that conceal patrons’ facial features.

K. NITROUS OXIDE. It shall be unlawful for an establishment designated as a tobacco retailer-general to sell, offer, distribute, or otherwise provide to any person nitrous oxide or a nitrous oxide device. For tobacco retailer-general licensees only, this section shall not apply to:

1. The administration of nitrous oxide by a medical or dental practitioner licensed by the state or at the direction or under the supervision of a practitioner licensed by the state for the purpose of providing medical or dental care;

2. The sale or distribution of nitrous oxide as a propellant in food products such as whipped cream by commercial edible food generators, as defined in the City of Sonora Municipal Code Section 7.08.100;

3. The sale or distribution of nitrous oxide by a wholesaler licensed by the Board of Pharmacy or manufacturer classified under Code Number 325120 or 424690 of the North American Industry Classification system (NAICS); or

4. Any othersale or distribution under an express exemption pursuant to Penal Code sections 381b through 381e.
28 Item A.

It shall be unlawful for an establishment designated as a smoke shop/significant tobacco retailer to sell, offer, distribute, or otherwise provide to any person nitrous oxide or a nitrous oxide device. No exceptions or conditions apply to smoke shop/significant tobacco retailer licensees.

L. KRATOM PRODUCTS. It shall be unlawful for a tobacco retailer to sell, offer, distribute, or otherwise provide to any person a kratom product, as defined in Section 8.50.010.

8.50.030 – SALE OF FLAVORED TOBACCO PRODUCTS PROHIBITED.

A. FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.

B. PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.

8.50.040 – TOBACCO PRODUCT PRICING AND PACKAGING.

A. PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product:

1. is sold in the manufacturer's packaging intended for sale to consumers;

2. conforms to all applicable federal labeling requirements; and

3. conforms to all applicable child-resistant packaging requirements.

B. DISPLAY OF PRICE. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale.

C. DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS. It is unlawful for any person to distribute free or nominally priced tobacco products.

D. PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailershall:

1. honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price;

2. sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or

3. provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.

E. MINIMUM PACKAGE SIZE FOR LITTLE CIGARS. No tobacco retailer shall sell any little cigar unless it is sold in a package of at least 5 little cigars.

8.50.050 – LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. 29 Item A.

A. MOBILE VENDING. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.

B. LICENSED CANNABIS BUSINESSES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10.

C. PHARMACIES. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.

D. PROXIMITY TO CANNABIS RETAILERS. No new license may issue to authorize tobacco retailing within 1000 feet of an existing cannabis retailer as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing cannabis retailer is located.

E. POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows:

1. The total number of tobacco retailer licenses issued to significant tobacco retailers within the city shall be limited to one for each 1,200 inhabitants of the city.

2. For the purposes of this subsection, the total population of the city/county shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. For purposes of calculating the limit established by this subsection, a fraction of .5 or more shall be rounded up to the next whole number. A fractional amount of less than .5 shall be rounded down to the next whole number.
30 Item A.

3. No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued to smoke shops/significant tobacco retailers equals or exceeds the total number authorized pursuant to subsection (1).

8.50.060 – APPLICATION PROCEDURE.

A. An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Department.

B. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Sec. 8.50.130(C) of this chapter. Nothing in this chapter shall 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.

C. Applicant submissions shall contain the following information:

1. The name, address, and telephone number of each proprietor of the business seeking a license.

2. The business name, address, and telephone number of the location for which a license is sought.

3. The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this chapter.

4. Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products.

5. Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years.

6. A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this chapter.

7. Such other information as the Department deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section.

D. A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within 10 business days of a change.

8.50.070 – LICENSE ISSUANCE OR DENIAL.

A. ISSUANCE OF LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer's license and the license fee required by this chapter, the Department may approve or deny the application for a license within six working days, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary. 31 Item A.

B. DENIAL OF APPLICATION. The department may deny an application for a tobacco retailer’slicense based on any of the following:

1. The information presented in the application is inaccurate or false.

Intentionally supplying inaccurate or false information shall be a violation of this chapter;

2. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits a licensed to be issued;

3. The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued; or

4. The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this chapter, that is unlawful pursuant to any other chapter of this Code, or that is unlawful pursuant to any other law.

5. The application seeks authorization for tobacco retailing at a business location for which the business is lacking a current Business License pursuant to the City of Sonora Municipal Code Section 5.10.

6. Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this chapter and other laws relating to the sale of tobacco products.

C. APPEAL OF ISSUANCE OR DENIAL. Any person aggrieved by any decision of the department with respect to the issuance orrefusal to issue a tobacco retailer’s license may appeal to the council by filing a notice of appeal with the city administrator. The councilshall thereupon ix a time and place for hearing such appeal. The city administrator or designee shall give notice to such person of the time and place of hearing by sending notice by certified mail. The council shall have the authority to determine all questionsraised on such appeal. No such determination shall conflict with any substantive provision of this text. The council shall make findings, thereon, which shall be final.

D. Proration of fees for a tobacco retail license will be as follows: If a retailer applies for a tobacco retail license during the first half of the calendar year (January 1 through June 30), said retailer will be charged for a full calendar year. If the retailer applies for a tobacco retail license during the second half of the calendar year(July 1 through December 31),said business will be charged for half a calendar year.

E. The only exception to paragraph D shall be those retailers which apply for a tobacco retail license during the month of December. A retailer will not be required to obtain a current calendar year's tobacco retail license, if, they pay for the following year's license during December of the current year. If said retailer does not elect to pay for the following year,said retailer will pay for half a calendar year, covering the tobacco retail license for the current year.

8.50.080 – LICENSE RENEWAL AND EXPIRATION.

A. RENEWAL OF LICENSE. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is 1 year. Each tobacco retailer shall apply for the renewal of 32 Item A.
their tobacco retailer’s license by December 1 of each year, on a form supplied by the department. The completed form and payment shall be due to the City by the following January 1, with said payment being delinquent if not received by January 31 of said year. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section 8.50.060.

8.50.090 – LICENSES NOT TRANSFERABLE, PAST VIOLATIONS AT RETAIL LOCATION.

A. LICENSES NOT TRANSFERRABLE. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietors.

B. PAST VIOLATIONS. Notwithstanding any other provision of this chapter, prior violations at a location shall continue 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 proprietor(s) in an arm’slength transaction; and

2. the new proprietor(s) provide the city with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm's length transaction.

8.50.100 –LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the City identified on the face of the permit.

Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.

8.50.110 – FEE FOR LICENSE AND INCREASE IN FEES.

A. FEE FOR LICENSE. The fee to issue or to renew a tobacco retailer’s license shall be calculated so as to recover the total cost of administration and enforcement of this chapter, including, but not limited to, issuing a 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 this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

B. INCREASE IN FEES. The fee to issue or to renew a tobacco retailer’s license shall be established or amended by resolution of the city council.

C. FEE WAIVER. All license fees will be waived for:
• New proprietors proposing to conduct retail tobacco sales at a business location;
• Proprietors seeking renewal of an existing tobacco retail license who have had no violations at the business location in the previous 365-day period from the date the renewal application is made. 33 Item A.

8.50.120 – COMPLIANCE MONITORING.

A. Compliance with this chapter shall be monitored by the Department. In addition, the City may designate additional persons to monitor compliance with this chapter. 34 Item A.

All licensed premises must be open to inspection by city staff or designated persons during regular business hours.

B. The Department shall inspect each tobacco retailer at least 1 time per 12-month period to ensure compliance with this chapter.

C. The city will conduct at least 1 compliance check per 24-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.

D. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.

8.50.130 – SUSPENSION OR REVOCATION OF LICENSE.

A. SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, have violated any of the requirements, conditions, or prohibitions of this chapter; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section 8.50.020 above.

1. Upon a finding by the Department of a first violation of this chapter at a location, the license shall be suspended for 30 days.

2. Upon a finding by the Department of a second violation of this chapter at a location within any 5-year period, the license shall be suspended for 90 days.

3. Upon a finding by the Department of a third violation of this chapter at a location within any 5-year period, the license shall be suspended for 1 year.

4. Upon a finding by the Department of four or more violations of this chapter at a location within any 5-year period, the license shall be revoked.

B. APPEAL OF SUSPENSION OR REVOCATION. Any person aggrieved by any decision of the department with respect to the suspension or revocation of a tobacco retailer'slicense may appeal to the council by filing a notice of appeal with the city administrator. The councilshall thereupon ix a time and place for hearing such appeal. The city administrator or designee shall give notice to such person of the time and place of hearing by sending notice by certified mail. The council shall have the authority to determine all questionsraised on such appeal. No such determination shall conflict with any substantive provision of this text. The council shall make findings, thereon, which shall be final. An appeal is not available for a revocation made pursuant to subsection (c) below.

C. REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer’s license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 8.50.070 existed at the time application was made or at any time before the license issued. The decision by the Departmentshall be the final decision of the city.
35 Item A.

8.50.140 – TOBACCO RETAILING WITHOUT A VALID LICENSE.

A. INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, 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 for, or to be issued, a tobacco retailer’s license as follows:

1. After a first violation of this section at a location, 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 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 5-year 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 transaction), until 90 days have passed from the date of the violation.

3. After of a third or subsequent violation of this section at a location within any 5 year 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 transaction), until 5 years have passed from the date of the violation.

B. ADMINISTRATIVE FINE FOR UNLICENSED TOBACCO RETAILER. In addition to any other penalty authorized by law, a Licensee shall pay a fine if the Licensee or Licensee's agents or employees violate any of the requirements, conditions, or prohibitions of this Chapter. The amount of the administrative ine for each violation of this Chapter shall be as follows:

1. A fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation identified during the first instance in which the tobacco retailer has committed a violation or violations.

2. A fine not to exceed five thousand dollars ($5,000.00) for each violation identified during a subsequent instance if the tobacco retailer has committed a previous violation or violations within a 60-month period.

3. A fine not to exceed ten thousand dollars ($10,000.00) for each violation identified during a subsequent instance if the tobacco retailer has twice committed a previous violation or violations within a sixtymonth period.

8.50.150 – ADDITIONAL REMEDIES.

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 years, 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. 36 Item A.

C. Violations of this chapter shall be subject to an administrative penalty. The amount of the administrative penalty shall be fifty dollars($50.00) forthe first offense, one hundred dollars($100.00) forthe second offense, and two hundred fifty dollars (250.00) for any subsequent offense.

D. Any person who or which violates any of the provisions of this chapter is guilty of a misdemeanor, under Section 594 of the California Penal Code and shall, upon conviction thereof, be punished by a fine of not to exceed one thousand dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.

E. Violations of this chapter are hereby declared to be public nuisances.

F. In addition to other remedies provided by this chapter or by otherlaw, any violation of this chapter may be remedied by a civil action brought by the city attorney, including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

G. Upon inspection and determination by the Department that a product offered for sale is in violation of this chapter, the tobacco retailer shall immediately remove all such prohibited products from the retail premises. Removal requires that the violating products be taken ofstore shelves, out of any area accessible to the public, and removed from the retailer's inventory to an of-site location or destroyed by the retailer. Failure to comply with an immediate removal request constitutes a separate and distinct violation for each 24-hour period of non-compliance. The decision by the Department may be appealed pursuant to the procedures set forth in Section 8.50.130(b). Prohibited products shall be destroyed and properly disposed of at the cost of the seller 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.

H. For the purposes of the civil remedies provided in this chapter:

1. Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter; and

2. Each individual tobacco product that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter.

I. All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location.

The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.

8.50.160 – EXCEPTIONS.

A. Nothing in this chapter shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.

8.50.170 – CONSTRUCTION & SEVERABILITY.
37 Item A.

It is the intent of the city council of the City of Sonora to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this chapter, or its application to any other person or circumstance. The city council of the City of Sonora hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Sec. 8.50.180 – PUBLIC RECORDS.

All information provided to the Department by a licensee or license applicant pursuant to this chapter shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.

SECTION III. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after 30 days after date of enactment; provided, however, that Sections 8.50.000-8.50.180 shall not take effect until 6 months after date of enactment.

Appendix A: Findings.

The city council of the city of Sonora hereby finds and declares as follows:

WHEREAS, the city council finds that a local licensing system for tobacco retailersis appropriate to ensure that retailers comply with tobacco control laws and business standards of the city council, to protect the health,safety, and welfare of our residents; 38 Item A.

WHEREAS, approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke every year, making tobacco use the nation's leading cause of preventable death;2
WHEREAS, the World Health Organization (WHO) estimates that tobacco kills 8 million people and causes over 1.4 trillion dollars in economic damage each year;136 WHEREAS, 5.6 million of today’s Americans who are younger than 18 years of age are projected to die prematurely from a smoking-related illness;2 WHEREAS, tobacco use is the number one cause of preventable death in California137 and continues to be an urgent public health issue, as evidenced by the following:
 40,000 California adults die from their own smoking annually;1  More than 25% of all adult cancer deaths in California are attributable to smoking;138  Smoking costs California $13.29 billion in annual health care expenses, $3.58 billion in Medicaid costs caused by smoking, and $10.35 billion in smoking-caused productivity losses;139
 Tobacco use can cause disease in nearly all of the organs of the body and is responsible for 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all cases of chronic obstructive pulmonary disease in the United States;2 WHEREAS, tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity, as evidenced by the following:
 African American (20.4%), Asian or Pacific Islander (11.4%), and Hispanic (15.2%) males all report a higher smoking prevalence than the statewide average among all adults (11.0%);9
 American Indian/Alaska Native Californians have the highest smoking prevalence (19.1%) among all reported adult demographic populations;9  Smoking is more prevalent among rural (14.9%) compared to urban (10.6%) Californians;9
 Californians with the highest levels of educational attainment and annual household income have the lowest smoking prevalence;9
 Adults who identify as lesbian, gay, bisexual, or transgender reportsmoking at a higher rate (17.4%) than the statewide average (11.0%);9  Those who reported experiencing psychological distress in the past month smoke at rates (26.7%) higher than the statewide average (11.0%);9 WHEREAS, despite the state's efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:
 In California, research indicates over 67% of current and former adult smokers started by the age of 18 and almost 100% start by age 26;140 39 Item A.
 In California, from 2017 to 2018, approximately 13% of high school students reported using tobacco;9
 Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth;9  Unless smoking rates decline, an estimated 441,000 of all California youth who are alive today will die prematurely from smoking-related diseases;2  In 2017, 22.8% of high school students in California had tried cigarette smoking;141  Between 2014 and 2018, electronic smoking device use among California youth increased from 14.1% to 46.2%;8
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting,11 as evidenced by the following:
 Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users;66  Tobacco industry documents state that if "a man has never smoked by the age of 18, the odds are three-to-one he never will. By age 24, the odds are twenty-to-one”;142  The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents;139
WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following:
 9.3% of high school students in California reported buying their own electronic cigarette from a store;141
 19.1% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018;9
WHEREAS, requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the city council to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following:
 Tobacco products are the number one seller in U.S. convenience stores, and in 2018, they generated an average of $523,084 in sales perstore;143  Systematic scientific reviews indicate that merchant compliance with youth tobacco sales laws reduces the rate of tobacco use among adolescents;26,27  Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations;144,145
 A review of 41 California communities with strong tobacco retailer licensing ordinances found that youth sales rates declined in 40 of these communities after the ordinances were enacted, with an average 69% decrease in the youth sales rate;25
40 Item A.

WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act ("Tobacco Control Act”), enacted in 2009, prohibited candy- and fruit-flavored cigarettes,28 largely because these flavored products are marketed to youth and young adults,26,35,145 and younger smokers were more likely than older smokers to have tried these products;26 WHEREAS, neither federal nor California state laws restrict the sale of menthol cigarettes or flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; WHEREAS, in 2018, more than 86% of tobacco retailers in California sold flavored noncigarette tobacco products, over 91% of tobacco retailers sold menthol cigarettes,80 and, as of 2016, 8 out of 10 tobacco retailers near schools sold flavored non-cigarette tobacco products;147
WHEREAS, flavored tobacco products are used by the majority of youth and young adult tobacco users (86.4% and 57.7%, respectively) in California;9 WHEREAS, mentholated and flavored products have been shown to be "starter" products for youth who begin using tobacco26,148,149 and that these products help establish tobacco habits that can lead to long-term addiction;26,150,151
WHEREAS, between 2004 and 2014, use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+);30
WHEREAS, flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation;11,26,152,153
WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that "for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% … the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher … and the cost of Newport was 12 cents lower.” There was no such association found for non-mentholated cigarettes;154
WHEREAS, scientific reviews by the FDA and the Tobacco Products Scientific Advisory Committee ("TPSAC") found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, but especially among youth, African Americans,33 and possibly Hispanic and Latino individuals;34 and that menthol cigarettes are associated with increased initiation and progression to regular cigarette smoking, increased dependence on cigarettes, and reduced success in smoking cessation, especially among African American menthol smokers;33
41 Item A.

WHEREAS, research indicates that the FDA ban in 2009 on all flavored cigarette products (except menthol) led to a 6% decrease in youth tobacco use and a 17% decrease in the likelihood of a youth becoming a cigarette smoker;155
WHEREAS, studies indicate that laws prohibiting the sale of flavored tobacco products lead to decreases in youth tobacco use, as evidenced by the following:
 An evaluation of New York City's law, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco;156
 An evaluation of a law in Providence, Rhode Island, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, current use of any tobacco product among high school youth declined from 22% to 12% and e-cigarette use declined from 13.3% to 6.6%, even as statewide e-cigarette use among high school increased to more than 20%;157
WHEREAS, the health effects of non-cigarette tobacco products such as cigars, cigarillos, smokelesstobacco, and shisha are substantial as demonstrated by research thatshows that non-cigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens;158-164
WHEREAS, unlike cigarette use that has steadily declined among youth, the prevalence of the use of non-cigarette tobacco products has increased among California youth;9 WHEREAS, the availability of inexpensive tobacco products leads to increased tobacco use as evidenced by more than 100 academic studies that conclusively show that when tobacco products are made more expensive, fewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco use;2,48-51,53-58 WHEREAS, research has also consistently shown that increases in cigarettes prices will result in less smoking across various sociodemographic populations;165 WHEREAS, a systematic review by the U.S. Community Preventive Services Task Force found that a 20% price increase would reduce demand for cigarettes by approximately

10.4%, the prevalence of adult tobacco use by 3.6%, and initiation of tobacco use by young people by 8.6%;49
WHEREAS, unequal price increases across different types of tobacco products lead to substitution from one product to another;56,58
WHEREAS, youth are particularly responsive to changes in tobacco prices,26,52,54,166 and evidence suggests that tobacco companies deliberately target youth with price reductions;26,51,64-66,167
42 Item A.

WHEREAS, evidence also suggests that cigarettes are cheaper in neighborhoods with lower household incomes,118,168 Newport menthol cigarettes cost less in areas with higher proportions of African Americans,118 and underserved communities are targeted with price discounts and coupons;169-171
WHEREAS, tobacco companies spend considerably to decrease the price of their products in order to counter state and local tobacco control efforts, appeal to price-sensitive consumers, and increase demand for tobacco products. For example, tobacco companies spent the majority of their cigarette marketing budgets on price discounts, accounting for nearly $6.2 billion of $8.6 billion advertising and promotional expenditures in 2018; 50,51,62 WHEREAS, the tobacco industry’s price discounting strategies,such as coupons and multiple- package discounts, are popular among consumers, with more than half of adults using some price minimization strategy.70 Coupon receipt and redemption appears more prevalent among white, younger, female, sexual minority, and more nicotine dependent smokers.172 In California, individuals who used price minimization strategiessaved an average $1.04 per pack (or 18.6% of the total) in 2010;70 WHEREAS, price-discounted sales account for a substantial proportion of overall tobacco product sales;63
WHEREAS, although federal and state law ban the sale of individual cigarettes,78,173 neither federal nor California state laws restrict the sale of individual little cigars and cigars; WHEREAS, many retailers sell little cigars and cigars individually, making them more affordable and appealing to youth.79 Additionally:
 78.3% of California tobacco retailers sell a popular brand of youth-friendly cigars for less than $1.00;79
 Between 2012 and 2016, annual sales of cigarillos increased by 78% overall and by 155% for “concept-flavored" (e.g., Jazz) cigarillos;174 WHEREAS, a 10% increase in cigar prices has been associated with decreased cigar sales175,176 and may significantly reduce cigar use among youth;177 WHEREAS, neither federal nor California state laws set a minimum price for tobacco products;
WHEREAS, minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts;82 WHEREAS, studies have estimated that if price discounts were prohibited across the United States, the number of people who smoke would decrease by more than 13%;68 the impact of a $10 federal minimum floor price for cigarettes could reduce the number of 43 Item A.
packs sold in the United States by 5.7 billion per year and prompt more than 10 million smokers to quit;55 and that a state-level minimum floor price law designed to raise the average price of cigarette packs by just under $2.00 could decrease the prevalence of cigarette use and consumption by more than 4% and reduce income-based smoking disparities in California;86
WHEREAS, by selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to smoke;178,179
WHEREAS, pharmacies sell cigarettes cheaper than other stores118 and advertise tobacco product discounts more than other stores in California;80 WHEREAS, tobacco-free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three times compared with communities that do not have such policies,119 and immediately after the nationwide CVS policy change to not sell tobacco products, cigarette purchases declined and smokers who had previously purchased their cigarettes exclusively at CVS were up to twice as likely to stop buying cigarettes entirely;120
WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day,90 particularly in neighborhoods experiencing poverty;90,180-182
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates101 and initiation of noncigarette tobacco product use;183 WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer107 and density is higher;184-186 WHEREAS, tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher proportion of African American or Hispanic residents;93-98 WHEREAS, tobacco retailer density is higher in urban compared to rural areas, except for low- income communities, which have higher tobacco retailer densities regardless of geography, and Hispanic communities, which are associated with variable retailer densities across geography;97,187
WHEREAS, policies to reduce tobacco retailer density have been shown to be effective103,104,188,189 and can reduce or eliminate inequities in the location and distribution of tobacco retailers;103,104
WHEREAS, six out of 10 tobacco retailers in California sold cigar products using cannabisrelated flavor descriptors and these retailers were more prevalent in school neighborhoods with lower median income;190
44 Item A.

WHEREAS, both youth and adult tobacco users are more likely to also use cannabis;191,192 WHEREAS, strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain these products;26,27
WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales;193,194
WHEREAS, the Institute of Medicine recognizes that retailers are not likely to comply with youth tobacco access laws unless such laws are actively enforced through retailer compliance checks paired with meaningful penalties on business owners for violations;195 WHEREAS,state law explicitly permits cities and countiesto enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, California courts have affirmed the power of the city council to regulate business activity to discourage violations of law. See, e.g., Cohen v. Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento, 184 Cal. App. 4th 697 (2010); WHEREAS, over 180 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco;9 WHEREAS, the city council has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and
WHEREAS, the city council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City of Sonora in order to protect the health,safety, and welfare of our residents;
NOW THEREFORE, it is the intent of the city council, in enacting this ordinance, to ensure compliance with the business standards and practices of the city and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.
45 Item A.

References
1 Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs — 2014. U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at:
https://www.cdc.gov/
tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf. 2 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S.

Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Ofice on Smoking and Health. 2014. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 3 Family Smoking Prevention and Tobacco Control Act § 3(1), Pub. L. No. 111-31, 123 Stat. 1776-1858 (2009).
4 National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of E-Cigarettes. 2018. Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/24952.
5 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols. Int J Environ Res Public Health. 2020;17(6):2146. doi: 10.3390/ijerph17062146.
6 Romberg AR, Miller Lo EJ, Cuccia AF, et al. Patterns of nicotine concentrations in electronic cigarettes sold in the United States, 2013-2018. Drug Alcohol Depend. 2019:201:1-7. doi: 10.1016/j.drugalcdep.2019.05.029.
7 Wang TW, Coats EM, Gammon DG et al. National and State-Specific Unit Sales and Prices for Electronic Cigarettes, United States, 2012–2016. Prev Chroni Dis. 2018;15:E99. doi: 10.5888/pcd15.170555.
8 Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by Californian youth, 2014–2018.

Addict Behav. 2020;108:106459. doi: 10.1016/j.addbeh.2020.106459. 9 California Tobacco Control Program. California Tobacco Facts and Figures 2019.

Sacramento, CA: California Department of Public Health. 2019. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsandFigures20

19.pdf.
10 U.S. National Cancer Institute. A Socioecological Approach to Addressing TobaccoRelated Health Disparities. National Cancer Institute Tobacco Control Monograph 22. NIH Publication No. 17-CA-8035A. Bethesda, MD: U.S. Department of Health and Human Services, National Institutes of Health, National CancerInstitute. 2017. 11 United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1 (D.D.C. 2006), af'd in part, vacated in part, 566 F.3d 1095 (D.C. Cir. 2009), and order clarified, 778 F. Supp. 2d 8 (D.D.C. 2011).
46 Item A.
12 California Tobacco Control Program. California Tobacco Facts and Figures 2018.

Sacramento, CA: California Department of Public Health. 2018. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsFigures2018.p df.
13 California Tobacco Education and Research Oversight Committee. New Challenges — New Promise for All: Toward a Tobacco-Free California Master Plan 2018–2020.

Sacramento, CA: California Tobacco Education and Research Oversight Committee. 2018.

Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/TEROC/MasterPlan/TEROCMasterPlan2018-2020.pdf. 14 California Tobacco Control Program. Story of Inequity. 2019; http://tobaccofreeca.com/story-of-inequity. Accessed May 22, 2020. 15 Cal. Bus. & Prof. Code § 22972(a).
16 Cal. Bus. & Prof. Code § 22970.1 (Finding that state tobacco excise tax revenues “have declined by hundreds of mil- lions of dollars per year due, in part, to unlawful distributions and untaxed sales of cigarettes and tobacco products,” and that “the licensing of … retailers will help stem the tide of untaxed distributions and illegal sales of cigarettes and tobacco products.”).
17 Cal. Rev. & Tax Code § 30111 (providing that state tobacco taxes "are in lieu of all otherstate, county, municipal, or district taxes on the privilege of distributing cigarettes or tobacco products."); Cal. Bus. & Prof. Code § 22964 (providing that the Stop Tobacco Access to Kids Act does not “preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive legal age to purchase or possess tobacco products.”).
18 Cal. Bus. & Prof. Code § 22971.3 ("Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes.

Local licensing laws may provide for the suspension or revocation of the local license for any violation of a state tobacco control law.”).
19 Cal. Penal Code § 308(a)(1)(A).
20 Cal. Bus. & Prof. Code §§ 22950-22964.
21 21 C.F.R. §§ 1140.14(a)(4), 1140.16(b).
22 21 C.F.R. § 1140.14(a)(2), (b)(2).
23 The American Lung Association in California, Center for Tobacco Policy and Organizing. Matrix of Strong Local Tobacco Retailer Licensing Ordinances. 2018. 24 The American Lung Association in California Center for Tobacco Policy and Organizing. Local Tobacco Policies in the Retail Environment. 2017. 25 The American Lung Association in California Center for Tobacco Policy and Organizing. Tobacco Retailer Licensing is Effective. 2018. 26 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf. 47 Item A.
27 DiFranza JR. Which interventions against the sale of tobacco to minors can be expected to reduce smoking? Tob Con- trol. 2012;21:436-442. doi:

10.1136/tobaccocontrol-2011-050145.
28 21 U.S.C. § 387g(a)(1)(A).
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Resolution Number 06-1-2026-C

A RESOLUTION ADOPTING THE CITY OF SONORA

TOBACCO RETAIL LICENSING APPLICATION FEE SCHEDULE
WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City Council to protect the health, safety, and welfare of our residents; and, WHEREAS, the City of Sonora added Chapter 8.5 to Title 8 of the Sonora Municipal Code regulating tobacco product sales and requiring the licensure of tobacco retailers; WHEREAS, on April 27, 2026, the City of Sonora Planning Commission convened a public hearing to recommend that the City Council adopt a Tobacco Retail Licensing Ordinance and Fee Schedule for Tobacco Retail Licensing applications; and
WHEREAS, on June 1, 2026, the City of Sonora City Council convened a public hearing to consider the Planning Commission’s recommendations; and
WHEREAS, on June 15, 2026 (anticipated) the City of Sonora City Council adopted the Tobacco Retail Licensing Ordinance and Fee Schedule; and
WHEREAS, the City is granted the authority under the State Constitution to charge user fees and regulatory fees for discretionary services or regulatory activities that they provide to the public; and WHEREAS, the fees may not exceed the estimated reasonable cost for providing the service or performing the activity; and
WHEREAS, the City has established user and regulatory fees for processing administrative permits, including the fees for the City’s Tobacco Retail Licensing Applications; and WHEREAS, the City’s existing fee schedule does not include fees for the processing of Tobacco Retail Licensing Applications; and
WHEREAS, the new fee schedule for Tobacco Retail Licensing applications is in accordance with the Planning Study and estimated reasonable cost for providing the service of processing Tobacco Retail License applications.

NOW, THEREFORE, BE IT RESOLVED THAT THE SONORA CITY COUNCIL HEREBY ADOPTS the Tobacco Retail Licensing Fee Schedule attached.

PASSED, APPROVED AND ADOPTED as a Resolution by the Sonora City Council at a meeting held by the City Council on the 15 day of June, 2026 by the following vote:
60 Item A.

Resolution Number 06-1-2026-C
AYES: _______________________________________________
NOES: _______________________________________________
ABSENT: ______________________________________________
Dated:
__________________________________
Ann Segerstrom, Mayor, City of Sonora
ATTEST:______________________________________
Nicole McCutchen, City Clerk, City of Sonora
61 Item A.

Exhibit A
* TRL Fee is waived for all New and Existing Businesses/Retailers who have not had a violation of the ordinance in the previous license year
City of Sonora
Tobacco Retail License Fee
Adopted June 15, 2026
Fee Name Rate $79.76 x 3
hours
License Fee
Waived
Tobacco Retail License $240 $0*
62 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP DATE: June 1, 2026
TO: Honorable Mayor and Members of the City Council
FROM: Carlye Buchholz, P.E., P.L.S., City Engineer
SUBJECT: Proposed Crosswalk Removal on S. Washington Street.

RECOMMENDATION:

Consider Approval of the Removal of Two Crosswalks on S. Washington Street to Enhance Pedestrian Safety.

BACKGROUND:

Through this review, two ladder style crosswalks are being recommended for removal for the various safety reasons outlined below. See the attached exhibit for the detailed locations of these crosswalks.

DISCUSSION / ANALYSIS:

Thue subject crosswalks are recommended for removal for the following reasons:

Crosswalk #1: North side of the intersection of S. Washington Street and Church Street  This crosswalk is approximately 85 to 90 feet in length, resulting in pedestrian crossing times of up to 30 seconds based on MUTCD guidance.
 The adjacent crosswalk on the south side of the intersection is located approximately 40 feet away and is approximately half the length, providing a significantly shorter and safer crossing opportunity.  S. Washington Street is not stop-controlled at this location; therefore, pedestrians must rely on driver yielding compliance to cross safely.
 The skewed geometry of the intersection requires pedestrians on the northeast corner to enter the roadway approximately 30 feet prior to reaching the projected northbound travel lane. Within this segment, pedestrians are exposed and lack protection from motorists.

Crosswalk #2: Intersection of S. Washington Street and June Street  This crosswalk is located approximately 120 feet north of the existing marked crosswalk at Gold Street, resulting in closely spaced and redundant crossing locations.  S. Washington Street is not stop-controlled at this location; therefore, pedestrians must rely on driver yielding compliance to cross safely.
63 Item A.

CITY COUNCIL AGENDA REPORT

C I T Y H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP  The west leg of the crosswalk terminates at a wall and culvert, forcing pedestrians to detour into June Street and navigate around the obstruction to access the adjacent elevated sidewalk, creating an incomplete and noncompliant pedestrian path of travel.

FISCAL IMPACT:

Removal of the crosswalks will be completed by City Public Works staff. The work can be accommodated within existing operational resources; therefore, no additional fiscal impact is anticipated.

ATTACHMENTS:
 Proposed Crosswalk Remove Exhibit
 Crosswalk Removal Memo dated March 31, 2026
CORE COUNCIL PRIORITIES:

Infrastructure and Engineering, Public Safety and Disaster Preparedness 64 Item A.

City of Sonora
Tuolumne County
“Queen of the Southern Mines”
94 N. Washington Street
Sonora, CA 95370
www.sonoraca.com
Area Code 209
Administration/City Clerk ................................... 532-4541 City Administrator .............................................. 532-6115 Finance ............................................................. 532-6331 Human Resources ............................................. 588-8946 Public Works ..................................................... 532-2922 Cemetery........................................................... 532-4492 Community Development .................................. 532-3508 Opera Hall/Special Programs ............................ 532-7725 Police ................................................................ 532-8143 Fire .................................................................... 532-7432 Administration/HR Fax Number: 532-2738
March 31, 2026
To Whom is May Concern,
Engineering review was conducted for striping and pavement marking improvements along S.

Washington Street, heading South of Highway 49 to Highway 108, to determine if adjustments were warranted to the existing striping and pavement markings. Through this review, two ladder style crosswalks are being recommended for removal for the various safety reasons outlined below.

North side of the intersection of S. Washington Street and Church Street:
• Crosswalk is approximately 90 feet in length.
o MUTCD guidelines recommend accounting for less than 3.5 feet/sec for wheelchair users, equating to approx.. 30 seconds to cross.
• Location is not stop controlled.
• Close proximity to another crosswalk, 40 feet away, which is almost half the length. • Geometry of this intersection requires pedestrians to enter into the roadway 30 feet, on the Northeast side, before motorists travelling North can visually see someone in the crosswalk.

Intersection of S. Wahington Street and June Street:
• Crosswalk is approximately 40 in length.
• Location is not stop controlled.
• Close proximity to another crosswalk 120 feet away.
• Crosswalk terminates into a wall and culvert on the West side posing a tripping hazard. • Large elevation grade to get to existing sidewalk.

In conclusion, I recommend removing these two ladder crosswalks to improve pedestrian safety while not removing access points due to close proximity to safer crossing alternatives.

Sincerely,
Carlye Buchholz, P.E., P.L.S.

City Engineer
65 Item A.

Proposed Crosswalk Removal
June 1, 2026
300 ft
N
66 ➤
Item A.

Sonora City CouncilJune 1, 2026

Sonora City Council
June 1, 2026