ITEM 3.2
TOBACCO RETAIL LICENSE
Present Situation
Title 5 of the SMC does not currently regulate tobacco retailers in the City.
The State of California licenses tobacco retailers statewide.
The State’s definition of tobacco retailer includes any business that sells tobacco products in any volume.
Currently, there are 272 State-licensed tobacco retailers within the City.
Pursuant to the State’s definition of tobacco retailer, these include grocery stores and gas stations in addition to “smoke shops.”
June 22 Committee Direction
Draft a proposed ordinance adding a tobacco retail license requirement to Title 5 Ordinance should address the following:
Defining tobacco retailer to prevent change in use
Distance restrictions
Window obstruction
Blight/loitering prevention
Compliance with local, state, and federal law
Tobacco Retail License Requirement
5.102.030 Tobacco retail license required.
It shall be unlawful for any person to act as a tobacco retailer , engage in tobacco retailing, or allow tobacco retailing in the City without first obtaining and maintaining a valid tobacco retail license pursuant to the provisions of this chapter for each location at which tobacco retailing is to occur. No license will be issued to authorize tobacco retailing at other than a fixed location.
Tobacco Retailer Defined
5.102.020 Definitions
“Tobacco Retailer” means any person or entity whose principal business is selling Tobacco Products, tobacco paraphernalia, or both, as evidenced by 50% or more of floor area and display area being devoted to the sale or exchange of Tobacco Products, tobacco paraphernalia, or both.
“Tobacco Retailing” means engaging in any of those activities of a tobacco retailer.
Distance Restrictions
5.102.090 Grounds for denial of a tobacco retail license.
F . The application seeks authorization for tobacco retailing at any location within 1,000 feet of a school, public park, playground, recreational area, or youth facility, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant’s proposed business location. However , the prohibition contained in this paragraph shall not apply to the following:
1. Any tobacco retailer operating lawfully on the day before the effective date of this ordinance; or
2. Any lawfully operating tobacco retailer that would otherwise become ineligible to receive a new license due to the creation or relocation of a school, public park, playground, recreational area, or youth facility.
G. The application seeks authorization for tobacco retailing at any location within 1,000 feet of a location occupied by another tobacco retailer , as measured in a straight line from the parcel boundary of an existing tobacco retailer’s business location to the boundary lines of the parcel of the tobacco retailer license applicant’s proposed business location.
However , the prohibition contained in this paragraph shall not apply to any tobacco retailer operating lawfully on the day before the effective date of this ordinance.
H. Any exemption granted to a tobacco retailer pursuant to paragraphs F and G of this Chapter shall cease to apply if a tobacco retailer fails to timely renew the tobacco retail license pursuant to Section 5.101.060 of this Chapter or shall cease to apply if the tobacco retail license is revoked pursuant to Section 5.101.090 of this Chapter .
Distance Restrictions (con’t)
5.102.120 Operating regulations and conditions.
F. No tobacco retail license shall be issued authorizing tobacco retailing at any location within 1,000 feet of a school, public park, playground, recreational area, or youth facility, as measured in a straight line from the parcel boundary of these locations to the boundary lines of the parcel of the tobacco retail license applicant’s proposed business location. However, the prohibition contained in this paragraph shall not apply to the following:
1. Any tobacco retailer operating lawfully on the day before the effective date of this ordinance; or
2. Any lawfully operating tobacco retailer that would otherwise become ineligible to receive a new license due to the creation or relocation of a school, public park, playground, recreational area, or youth facility.
G. No tobacco retail license shall be issued authorizing tobacco retailing at any location within 1,000 feet of a location occupied by another tobacco retailer, as measured in a straight line from the parcel boundary of an existing tobacco retailer’s business location to the boundary lines of the parcel of the tobacco retail license applicant’s proposed business location. However, the prohibition contained in this paragraph shall not apply to any tobacco retailer operating lawfully on the day before the effective date of this ordinance.
H. Any exemption granted to a tobacco retailer pursuant to paragraphs F and G of this chapter shall cease to apply if a tobacco retailer fails to timely renew the tobacco retailer license pursuant to Section 5.101.060 of this Chapter or shall cease to apply if the tobacco retailer license is revoked pursuant to Section 5.101.090 of this Chapter.
Window Obstruction
5.102.120 Operating regulations and conditions.
I. No more than 20 percent of windows or clear doors at the premises where tobacco retailing occurs shall bear advertising or other signage of any sort and all signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.
Blight/Loitering Prevention
5.102.050 Investigation and decision on tobacco retail license application.
B. In the event a complete application is presented to the City, the City shall consider such application once the fees required have been paid, and the investigations and reports required under the provisions of this chapter have been duly completed. The City shall, at a minimum, consider the following factors during the consideration of the application for a tobacco retail license:
1. Whether the issuance of a tobacco retail license and subsequent operation will be detrimental to the public health, safety, and welfare of the citizens of the City of Stockton; and
2. Any other relevant data, facts, or considerations.
Blight/Loitering Prevention (con’t)
5.102.090 Grounds for denial of a tobacco retailer license.
The following grounds shall constitute grounds for the denial of a tobacco retail license:
E. Evidence of current or prior unlawful or nuisance-creating operation in this or another jurisdiction.
Blight/Loitering Prevention (con’t)
5.102.100 Grounds for suspension and/or revocation of a tobacco retail license.
A. Any tobacco retail license authorized and issued under the provisions of this chapter may be subject to:
1. Immediate suspension by the City if the City finds that:
a. A tobacco retailer, or any agent or employee thereof, with the knowledge of such tobacco retailer , has violated, or permitted, allowed, or caused the violation of any provision of this chapter , any regulation issued pursuant to this chapter , any condition of approval imposed upon the issuance of the license, or any other local, state, or federal law or regulation relating to tobacco retailing; or
b. Based on ascertainable facts, the operation of the tobacco retailer substantially aggravates the crime problems in the City, makes law enforcement unduly difficult, or is detrimental to the public health, safety, or welfare of the City.
Blight/Loitering Prevention (con’t)
5.102.120 Operating regulations and conditions.
J. A tobacco retailer shall:
3. Prevent loitering, public drinking, and public use of cannabis or other criminal behavior on and around the premises, including parking areas. “No Loitering” signs shall be prominently posted in a readily visible manner on no less than 1 exterior wall. The tobacco retailer’s operators or employees shall ask persons loitering for longer than 15 minutes to leave the area and contact law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so;
4. Prevent any condition constituting a nuisance on the premises, including parking areas;
5. Remove all graffiti or other signs of vandalism within 48 hours of knowledge of the graffiti or vandalism;
6. Maintain signage and general appearance of the premises in a manner that is not attractive to minors; and
7. Maintain a clean and orderly premises to ensure public health and safety meet the highest standards.
Compliance With Local, State, and
Federal Law
5.102.040 License application.
C. The applicant must provide a statement to the City to the effect that the applicant understands and agrees that any business or activity conducted or operated under any license issued under such application shall be operated in full conformity with all applicable laws of the United States of American, the State of California, the County of San Joaquin, and the laws and regulations of the City applicable thereto, and that any violation of any such laws or regulations in such place of business, or in connection therewith, may render any tobacco retail license therefor subject to immediate suspension or revocation.
D. The applicant must provide a copy of any valid current permit or license from the California Board of Equalization, the County Department of Health, or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.
Compliance With Local, State, and
Federal Law (con’t)
5.102.090 Grounds for denial of a tobacco retailer license.
The following grounds shall constitute grounds for the denial of a tobacco retail license:
I. The City is in possession of information that the applicant or his agents or employees has violated any local, state, or federal tobacco control law within the preceding 30-day period.
J. No new license shall be issued if the applicant does not have a valid current permit or license from the California Board of Equalization, the County Department of Health, or any other applicable tobacco retail licensing agency, where the applicant is required to obtain any such permit or license in order to lawfully engage in tobacco retailing in the State of California and/or in the County of San Joaquin.
Compliance With Local, State, and
Federal Law (con’t)
5.102.100 Grounds for suspension and/or revocation of a tobacco retailer license.
A. Any tobacco retail license authorized and issued under the provisions of this chapter may be subject to:
1. Immediate suspension by the City if the City finds that:
a. A tobacco retailer, or any agent or employee thereof, with the knowledge of such tobacco retailer , has violated, or permitted, allowed, or caused the violation of any provision of this chapter , any regulation issued pursuant to this chapter , or any other local, state, or federal law or regulation relating to tobacco retailing;
2. Suspension or revocation by the City after not less than 5 days written notice to the tobacco retailer if the City finds that:
a. A tobacco retailer, or agent or employee thereof, with the knowledge of such tobacco retailer , has violated, or permitted, allowed, or caused the violation of any provision of this chapter , any regulation issued pursuant to this chapter , or any other local, state, or federal law or regulation relating to tobacco retailing; Compliance With Local, State, and
Federal Law (con’t)
5.102.120 Operating regulations and conditions.
C. It shall be unlawful for any tobacco retailer required to be licensed under this chapter, whether or not such tobacco retailer is actually so licensed under this chapter, to violate any of the provisions of this chapter.
D. All tobacco retailers shall remain in compliance with the Stockton Municipal Code and all other local, state, and federal laws at all times.
Compliance With Local, State, and
Federal Law (con’t)
5.102.130 Lawful business operation.
In the course of tobacco retailing or in the operation of the business or maintenance of the premises for which a tobacco retail license is issued, it shall be a violation of this Chapter for any tobacco retailer to violate any federal, state, or local law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
Next Steps
Following direction and recommendation by this
Committee, the City Attorney’s Office will make any
necessary updates to the proposed code language
and forward the ordinance to the City Manager’s
Office so that a lead department can be identified
for coordination with other relevant departments
and, ultimately, presentation to the City Council.
Direction and
Recommendation