ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 5, CHAPTER 5.16, SECTION 5.16.010 AND ADDING CHAPTER 5.104 TO THE STOCKTON MUNICIPAL CODE RELATED TO TOBACCO RETAILERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. FINDINGS AND INTENT.
The failure of tobacco retailers to comply with all tobacco control laws, particularly the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare. A local licensing program for tobacco retailers is intended to ensure that tobacco retailers comply with tobacco control laws and business standards of the City of Stockton and to protect the health, safety, and welfare of those persons who reside in, work in, and visit the City of Stockton.
State law explicitly authorizes cities to enact local tobacco retail licensing ordinances and allows for the suspension or revocation of a local license for a violation of any state tobacco control law. A requirement for a tobacco retail license will not unduly burden legitimate business activities of retailers who sell or distribute tobacco products to adults but will allow the City of Stockton to regulate the operations of lawful businesses to discourage violations of Federal, State, and local tobacco-related laws. The City of Stockton has a substantial interest in promoting compliance with Federal, State, and local laws intended to regulate tobacco sales and use; discouraging the illegal purchase of tobacco products by minors; promoting compliance with laws prohibiting sales of tobacco products to minors; and protecting children from being lured into illegal activity through the misconduct of adults.
This Chapter is adopted to encourage responsible tobacco retailing and to discourage violation of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors. This Chapter does not expand or reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or alter the penalties provided by such laws. 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.
SECTION II. AMENDMENT OF CODE
Title 5, Chapter 5.16, section 5.16.010 of the Stockton Municipal Code is amended to read as follows:
5.16.010 Licenses or permits required.
The license or permit required for any of the following is in addition to any business license required under this title:
Acid, storage
Ch. 15.12
Apartment houses
Ch. 8.32
Auctioneers
Ch. 5.24
Auctions
Ch. 5.24
Bicycles
Ch. 10.12
Bonfires
Ch. 15.12
Calcium carbide, storage
Ch. 15.12
Camp cars and camp grounds
Ch. 5.80
Card rooms
Ch. 5.36
Commercial fat rendering
Ch. 15.12
Discharge of industrial wastes
Ch. 13.08
Dog kennels
Ch. 6.04
Dogs
Ch. 6.04
Explosives, storage and handling
Ch. 15.12
Explosives, transportation
Ch. 10.04
Firearms, use and discharge
Ch. 9.56
Firearms, sale
Ch. 9.60
Fireworks, public use of
Ch. 8.92
Flammable liquids, storage and handling
Ch. 15.12
Freedom of speech
Ch. 9.16
Fumigating
Ch. 15.12
Garbage, collection
Ch. 8.04
Garden refuse, collection
Ch. 8.04
Gasoline portable tanks
Ch. 15.12
Goats, cows, sheep, etc.
Ch. 6.04
Hotels
Ch. 5.80
Junk dealers
Ch. 5.28
Liquefied petroleum gases, storage and handling
Ch. 15.12
Loading zone hoods
Ch. 10.44
Lodging houses
Ch. 5.80
Milk, handling and sale
Ch. 8.64
Motor buses, operations
Ch. 5.92
Oil burner systems, installation, etc.
Ch. 15.12
Paint burning
Ch. 15.12
Pawnbrokers
Ch. 5.28
Potassium chlorate, storage
Ch. 15.12
Private patrol systems and watchmen
Ch. 5.40
Refrigerator systems, installation, etc
Ch. 15.12
Second-hand dealers
Ch. 5.28
Sewer connections for persons outside City limits
Ch. 13.08
Spray painting
Ch. 15.12
Tank truck loading plants, installation, etc
Ch. 15.12
Taxicab business
Ch. 5.84
Taxicab drivers
Ch. 5.88
Tobacco retailers Use permits Ch. 5.104 Ch. 16.168
X-ray films, storage and handling
Ch. 15.12
SECTION III. AMENDMENT OF CODE.
Title 5, Chapter 5.104 is added to the Stockton Municipal Code and shall read as follows:
5.104.010 Purpose and application.
The purpose of this Chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by Federal and State law are criminally proscribed or to alter the penalties provided by such laws.
5.104.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Applicant” means and includes any person or entity who submits an application for a tobacco retail license. “Application” means the application submitted under SMC Section 5.104.040 for a tobacco retail license allowing the person or entity to engage in tobacco retailing at the designated premises. “Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an “arm’s length transaction.” “Change of ownership” means a change of fifty percent (50%) or more of the ownership of the business within a 12-month period. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcohol beverage, herb, or spice. “Flavored tobacco product” means any tobacco product that imparts a characterizing flavor. “Licensee” means and includes the holder of a tobacco retail license and any person required to have a tobacco retail license under this Chapter, whether or not such person is actually so licensed. “Loitering” means the act of remaining upon posted property without the permission of the owner or person in lawful possession. “Person” means and includes any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or other legal entity. “Playground” means an active recreational area with a variety of facilities, including equipment for younger children, as well as court and field games. Playground does not include play areas located on the site of residential homes or private facilities. “Premises” means any building or portion of any building where tobacco retailing occurs. “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 ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business. “School” means any public or private academic school for students in kindergarten through 12th grade, nursery school, preschool, or daycare facility. “Tobacco Product” means (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, aerosolized, vaporized, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis, kreteks, snuff, e-liquids, or vape juice; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device, including, but not limited, to electronic cigarette (or “e-cigarette”), electronic cigar (or “e-cigar”), electronic pipe (or “e-pipe”), vape pen, electronic hookah (or “e-hookah”), cigars, or pipes, whether or not the device or component is sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose. “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use, or preparation of a tobacco product. “Tobacco Retailer” means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. “Tobacco Retailing” means engaging in any of those activities of a tobacco retailer.
5.104.030 Tobacco retail license required.
A. 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.
B. Nothing in this Chapter shall be construed to grant any person or entity obtaining a tobacco retail license any status other than the right to act as a tobacco retailer at the location in the City identified on the face of the tobacco retail license, subject to compliance with all other applicable laws, regulations, and ordinances. Nothing in this Chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition of limitation on indoor smoking made applicable to business establishments by Section 6404.5 of the Labor Code.
5.104.040 License application.
A. Every person who proposes to act as a tobacco retailer, engage in tobacco retailing, or allow tobacco retailing in the City shall submit an application for a license to the City in writing on forms provided by the City. An applicant proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. Each application shall be submitted under oath, in duplicate, and shall contain such information pertinent to the business as the City may require. Such information to be provided shall include, but not be limited to, the following:
1. The true name, address, and telephone number of each proprietor;
2. The business name, address, and telephone number of the fixed location for which a license is sought;
3. Whether or not any proprietor has previously been issued a license pursuant to this Chapter that is, or was at any time, suspended, revoked, or cited for violation of any part of this Chapter, and, if so, the dates of the suspension period, the date of revocation, or date of the violation; and
4. Such other information as any department director deems necessary for the administration or enforcement of this Chapter.
B. The applicant shall pay a nonrefundable application fee in an amount as may be fixed and established from time to time by resolution of the City Council. Thereafter, if a tobacco retail license is granted, the licensee shall pay an annual fee in an amount as may be fixed and established by City Council resolution.
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 America, 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 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.
E. The applicant hereunder is seeking the granting of a privilege. Therefore, the burden of proving qualifications to receive such a license is at all times on the applicant. An applicant must accept all risks of adverse public notice, publicity, embarrassment, criticism, financial loss, or all other actions and consequences which may result from activities with respect to reviewing, processing, and approving or disapproving any application. A waiver of any claims for damages against the City or its agents resulting therefrom shall be presumed upon the filing of an application for a tobacco retail license.
F. Each applicant shall be responsible for providing truthful, complete, and accurate information and for signing the license application.
G. The applicant shall submit written documentation stating that the property owner of the real property upon which the tobacco retailing is to be conducted is fully aware of the property’s intended use. Documentation is to include the name, address, and contact telephone number for the property owner.
H. The applicant must provide a statement to the City that the applicant will hold harmless, indemnify, and defend the City against all claims and litigation arising from the issuance of the tobacco retail license, including without limitation any claims and litigation arising from the establishment, operation, or ownership of the tobacco retailer.
I. An application shall not be deemed complete until all the information required in subsections A through H have been provided to the City and the required fees and any applicable business tax required by any provision of this Code have been paid.
J. The application for a license pursuant to this Chapter shall not authorize the maintenance, operation, or conduct of tobacco retailing until such license has been granted. The issuance of a business license pursuant to Title 5 of the Stockton Municipal Code shall not authorize the maintenance, operation, or conduct of a tobacco retailer until the license required by this Chapter has been lawfully granted.
5.104.050 Business license.
Nothing herein shall constitute a waiver of the requirements of Title 5 of the Stockton Municipal Code requiring issuance and possession of a valid business license.
5.104.060 Issuance and renewal of license; grounds for denial.
A. Upon the receipt of an application for a license and the applicable fee, the City shall issue a license unless any of the following exist:
1. The application is incomplete or inaccurate.
2. The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subsection shall not constitute a basis for denial of a license if either or both of the following apply:
a. The applicant provides the City with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm’s length transaction. b. It has been more than five (5) years since the most recent license for that location was revoked.
3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local, State, or Federal law.
4. Making any false statements in the application or as to any other information presented as part of the application process.
5. Evidence of current or prior unlawful or nuisance-creating operation in this or another jurisdiction.
6. The application seeks authorization for tobacco retailing at any location within 600 feet of a school, public park, public playground, public 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 Subsection 6 shall not apply to the following:
a. Any tobacco retailer operating lawfully on the day before the effective date of this ordinance; or b. 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, public playground, public recreational area, or youth facility.
7. The application seeks authorization for tobacco retailing at any location within 600 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 subsection 7 shall not apply to the following:
a. Any tobacco retailer operating lawfully on the day before the effective date of this ordinance.
8. Any exemption granted to a tobacco retailer pursuant to subsections A(6)(a)–(b) and A(7)(a) of this section shall cease to apply if a tobacco retailer fails to timely renew the tobacco retail license pursuant to this Chapter or shall cease to apply if the tobacco retail license is revoked pursuant to this Chapter.
9. 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.
10. The applicant does not have a valid current permit or license from the California Board of Equalization 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.
B. If the City does not approve a license or renewal of a license, the City shall notify the applicant of the specific grounds for the denial in writing. The notice shall be served personally, by regular mail, or by certified mail not later than five days after the denial. If notice is delivered by mail, it shall be addressed to the applicant at the address as it appears on the application. The giving of notice shall be deemed complete at the time of deposit of the notice in the United States mail without extension of time for any reason. In lieu of mailing, the notice may be served personally by delivering to the person to be served and service shall be deemed complete at the time of such delivery. Personal service to a corporation may be made by delivery of the notice to any person designated in the California Code of Civil Procedure to be served for the corporation with summons and complaint in a civil action.
C. The denial of a tobacco retail license or renewal of a license may be appealed. Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the City included in the denial notice, shall be filed with the Chief of Police, or designee, within 10 days of the giving of the denial notice as specified in subsection B above. Upon failure to file the notice of appeal within the 10-day period, the action of the City in denying such tobacco retail license or renewal of such license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the Chief of Police, or designee, shall refer the matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this Code.
D. Notwithstanding section 5.104.070, in the event a tobacco retailer files a timely appeal from the denial of the renewal of a license pursuant to subsection C above, the tobacco retailer may continue to operate under the existing license pending the appeal decision. The determination of the administrative hearing officer shall be final.
5.104.070 Annual renewal of tobacco retail license.
A tobacco retail license shall be valid for one year from the date of issuance, unless earlier suspended or revoked. Any person that holds a tobacco retail license may obtain a new license for the succeeding year by applying for said new license and paying the required fees, in accordance with Section 5.104.040 of this Chapter, no later than 30 days prior to the expiration date of the current tobacco retail license, but no earlier than 60 days prior to the expiration of the license. However, a license that has been revoked or is subject to revocation proceedings shall not be renewed.
5.104.080 License nontransferable.
A license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing experiences a change of ownership, the business must obtain a new license for that location before acting as a tobacco retailer.
5.104.090 Display of license.
Each license shall be prominently displayed in a publicly visible location at the licensed premises.
5.104.100 Grounds for suspension or revocation of a tobacco retail license.
In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section.
A. A license may be suspended or revoked pursuant to this subsection A if the Chief of Police, or designee, finds that the licensee, or his or her agents or employees, has or have violated any state or local law relating to the sale of tobacco products to a minor, including without limitation California Penal Code section 308 and this Chapter, or any state or local law relating to the sale of flavored tobacco products, including without limitation California Health and Safety Code section 104559.5 and this Chapter; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location. The Chief of Police, or designee, may concurrently make multiple findings of prior violations within any five-year period; in which case, suspensions provided for in this subsection A shall run concurrently.
1. Upon a finding by the Chief of Police, or designee, of a first violation within any five-year period, the license may be suspended for up to 30 days.
2. Upon a finding by the Chief of Police, or designee, of a second violation within any five-year period, the license may be suspended for up to 60 days.
3. Upon a finding by the Chief of Police, or designee, of each additional violation within any five-year period, the license may be suspended for up to 90 days for each violation, or be revoked.
B. A license may be suspended by the Chief of Police, or designee, if the Chief of Police, or designee, find that, 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.
C. A license may be revoked if the Chief of Police, or designee, finds that:
1. A tobacco retailer has failed to pay, when due and payable, any of the fees or taxes required within 10 days after written notice of such failure;
2. A tobacco retailer has made any fraudulent statements as to a material fact on an application form or as to any other information presented as part of the application process; or
3. A tobacco retailer commits any act which would have constituted grounds for denial of an application for a tobacco retail license.
D. If the Chief of Police, or designee, suspends or revokes a license, written notice of the suspension or revocation shall be served upon the licensee within five days of the suspension or revocation in the manner prescribed in 5.104.060(B). The notice shall contain:
1. A brief statement of the specific grounds for such suspension or revocation;
2. A statement that the licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of section 5.104.110, within 10 days of the date of service of the notice; and
3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.
E. A licensee for whom a license suspension is in effect, or whose license has been revoked, must cease all tobacco retailing and remove all tobacco products and tobacco paraphernalia from public view at the address that appears on the suspended or revoked license.
5.104.110 Appeal from suspension or revocation of tobacco retail license A. The action of the Chief of Police, or designee, in revoking or suspending a tobacco retail license may be appealed. Notice of such appeal, in writing stating the grounds for such appeal, and admitting or denying those determinations of the Chief of Police, or designee, included in the notice, shall be filed with the Chief of Police, or designee, within 10 days after the revocation or suspension of the license. Upon failure to file the notice within the 10-day period, the action of the City in revoking or suspending such tobacco retail license shall be final and conclusive. If the notice of appeal is filed in timely order, accompanied by payment of an appeal fee in an amount as may be established from time to time by resolution of the City Council, the Chief of Police, or designee, shall refer the matter to the City Attorney for scheduling of an administrative appeal hearing in accordance with the provisions of Chapter 1.44 of this Code.
B. In the event a tobacco retailer files a timely appeal pursuant to this section, the effective date of the decision shall be stayed pending the appeal decision. The determination of the administrative hearing officer shall be final.
5.104.120 Operating regulations and conditions.
A. The provisions of this section shall constitute terms and conditions applicable to each tobacco retail license issued under this Chapter.
B. The provisions of this section shall also constitute operating regulations that are applicable to each holder of a tobacco retail license issued pursuant to this Chapter.
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.
E. Tobacco retail licenses are for a specific, fixed location that shall serve as the licensed premises and shall not deviate from the premises that was described in the application. A tobacco retail license shall maintain legal possession of the premises (e.g., ownership, lease) that was approved by the City with the application for the tobacco retail license.
F. No more than twenty percent (20%) of windows or clear doors at the premises where tobacco retailing occurs shall bear advertising or other signage of any sort.
G. A tobacco retailer shall:
1. Pay all City-imposed fines, penalties, and fees by the deadlines provided for by City officials;
2. Allow for immediate access to a City, county, or State official that is authorized to regulate tobacco control ordinances under this Chapter or any State, county, or City law or regulation to the premises and on-premises records during regular business hours or hours of apparent operation;
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 one 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 a clean and orderly premises to ensure public health and safety meet the highest standards.
H. The provisions of this Chapter are intended to provide a minimum level of public health, safety, and welfare protection at businesses engaging in tobacco retailing. Nothing in this Chapter is intended nor shall prevent the City from imposing more stringent, site-specific operating requirements and conditions through other applicable permitting and approval processes. In the event of a conflict between an operating regulation set forth in this Chapter and a requirement or condition contained in any other applicable permit or approval, the more stringent or restrictive requirement shall apply.
5.104.130 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.
5.104.140 Violations and penalties.
A. It is unlawful for any tobacco retailer, employee, or other person to violate any provision of this Chapter.
B. A violation of any of the provisions of this Chapter shall be charged as a misdemeanor for each day such violation continues.
C. Any violation of this Chapter may also be remedied by a civil action brought by the City Attorney. The City may recover for reasonable attorneys’ fees and costs of suit in any civil litigation brought by the City Attorney to remedy any violation of this Chapter.
D. A violation of any of the provisions of this Chapter may also result in the issuance of civil penalties pursuant to Chapter 1.40 for each day the violation continues.
E. A violation of any of the provisions of this Chapter may also result in the issuance of administrative citations pursuant to Chapter 1.32. Notwithstanding the penalty amounts found at section 1.32.050 of this Code, administrative penalties for violations of this Chapter shall be as follows:
1. $1,000.00 for a first violation within any five-year period.
2. $2,000.00 for a second violation within any five-year period.
3. $3,000.00 for each additional violation within any five-year period.
F. A violation of any of the provisions of this Chapter may also result in the suspension or revocation of the tobacco retail license pursuant to section 5.104.100 of this Chapter.
G. Any use or condition caused or permitted to exist in violation of any of the provisions of this Chapter is hereby declared a public nuisance and may be summarily abated by the City.
SECTION IV. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION V. EFFECTIVE DATE.
This ordinance shall be in full force and take effect 90 days after its passage. Notwithstanding the foregoing, for a tobacco retailer lawfully operating under a valid City business license on the day before the effective date of this ordinance, a tobacco retail license shall not be required until the day after the expiration or renewal of such City business license.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
_____________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton
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