cc 2023 AR 03/14 amendments to vmc 3.56 tobacco retailer license

ACTION:
____________________________
Clerk/Secretary
Department: City Manager Item No: PH2
Prepared by: Sara Trench, Management Analyst Meeting Date: March 14, 2023 Approved by:

Kathy Valdez, City Clerk
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: AMENDMENTS TO VMC CHAPTER 3.56, TOBACCO RETAIL LICENSE RECOMMENDATION: Introduce and Adopt City Council Ordinance No. 2023- , Amending Chapter 3.56 of the Vista Municipal Code concerning tobacco retail licenses.

CORRELATION TO CITY COUNCIL GOALS: (1) Public Safety, and (2) Fiscal Responsibility.

PRIOR ACTION: On February 28, 2023, City Council discussed penalties for retailers for tobacco sales to minors and directed to staff to draft an ordinance that incorporates enhanced penalties based on the comments made by Council to be brought back at a future meeting (Vote: 5-0).

On September 13, 2016, adopted City Council Ordinance No. 2016-13, amending Chapters 3.56 and 8.16 of the Vista Municipal Code Concerning Tobacco Retail Licenses and Access to and Possession of Smoking Materials by Underage Persons (Vote: 5-0).

On May 11, 2010, introduced and adopted City Council Ordinance 2010- 12, amending Title 3, Chapter

3.56, Section 3.56.060.B of the Vista Municipal Code Relating to Term of Tobacco Retail License (Vote: 5- 0).

See Exhibit 5 for a complete list of prior City Council Actions.

STATEMENT ON THE SUBJECT: In 2005, the City introduced and adopted a Tobacco Retail License Ordinance, establishing Vista Municipal Code Chapter (VMC) 3.56, in an effort to reduce youth access to tobacco products. As part of the process, retailers and business groups were invited to collaborate in formulating the program.

In 2016, VMC 3.56, Tobacco Retail License, was last updated to reflect new State legislation limiting the sale of tobacco products to persons over the age of 21. On February 28, 2023, the City Council discussed updating the VMC to alter penalties for retailers for tobacco sales to minors and directed staff to bring back an ordinance amending VMC 3.56 regarding penalties. To ensure the City’s code is up to date with State legislation, staff has taken this opportunity to review VMC 3.56 in its entirety to incorporate new and updated State legislation, examine current fees and penalties, and determine if other actions can be taken to reduce youth access to tobacco.

AGENDA
REPORT

CITY COUNCIL

COMMUNITY DEVELOPMENT COMMISSION

SUCCESSOR AGENCY

BUENA SANITATION DISTRICT

JOINT POWERS FINANCING AUTHORITY
03/14/2023 PH2 1 of 15
Approved above recommendation, introduced and adopted City Council Ordinance No. 2023-7.

Vote: 5-0

MEETING DATE: March 14, 2023 PAGE 2
SUBJECT: AMENDMENTS TO VMC CHAPTER 3.56, TOBACCO RETAIL LICENSE Proposed Update to VMC Section 3.56.010, Legislative Findings. In November 2022, the State passed a ban on the sale of flavored tobacco products. Staff recommends adding the following language to VMC Section 3.56.010, to reflect the new State law:

California Health and Safety Code Section 104559.5 prohibits the sale of most flavored tobacco products including flavored e-cigarettes and menthol cigarettes in retail stores in California.

In addition, staff recommends updating the legislative finding section of the VMC to reflect changes made to the State Code in 2017 regarding self-service displays, as follows:

California Business and Professions Code 22962 prohibits the sale or display of any tobacco products or paraphernalia, including electronic smoking devices, through a self-service display or vending machine.

Tobacco retailer license fees. When the tobacco retailer license was first introduced, a fee study was conducted to ensure that the City's costs were covered, and a discount program was implemented to encourage and reward retailers that take extra steps to keep tobacco out of the hands of minors. A $25 discount is offered for each of the following:

1. Absence of tobacco advertisements visible from the exterior of the building

2. Proof that all persons authorized to sell tobacco on the premises have received training

3. Use of a cash register that reads driver's licenses to verity authenticity and age of customer

4. A per year (up to $100) reduction for each consecutive year the retailer had no violations of tobacco retail statues or ordinance
The City's current annual tobacco retail license fee is $250, without discounts, and may be as low as $75 for a business that receives all discounts. The average license fee paid by Vista retailers is $150, with the total amount collected from retailers at $9,775 annually. Staff conducted a new fee study (Exhibit 3) and found that the program costs approximately $15,640 per year, or $217 per business (based on the current number of 72 retailers). The cost of the discounts is offset by a California Department of Justice grant that covers law enforcement overtime for decoy operations (about half of the total program costs). Providing the discounts appears to be an effective way to encourage retailers to take additional steps to help prevent youth exposure and access to tobacco products.

Examples of tobacco retail license fees for other cities in San Diego County are listed below:
• El Cajon $709
• Chula Vista $322
• Solana Beach $256
• San Marcos $188
The current fee of$250, along with grant resources, recovers costs for the City sufficiently and is in line with the average fees of other cities. Therefore, staff does not recommend changing the tobacco retail license fee at this time
Penalties. Penalties for Violations of VMC 3.56 are currently as follows:
• First violation within any three-year period:
o Written warning to the licensee
o Licensee must provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City approved program within 60 days after the warning • Second violation within any three-year period:
03/14/2023 PH2 2 of 15

MEETING DATE: March 14, 2023 PAGE 3
SUBJECT: AMENDMENTS TO VMC CHAPTER 3.56, TOBACCO RETAIL LICENSE o License may be suspended up to 30 days
• Third violation within any three-year period:
o License may be suspended up to 90 days
• Fourth violation within any three-year period:
o License may be suspended for up to one year
• Fifth violation within any three-year period:
o License may be revoked
While both the clerk and the retailers are subject to penalties and fines under Penal Code (PC) 308, the practice has been to cite the clerk and only implement the penalties noted above to the retailers. This is due largely to the fact that the owner is typically not at the store at the time of the sale for the Sheriff's department to issue a citation. Based on direction from the City Council, staff recommends including a $750 fine at the time of the first offense to be paid by the retailer, as well as accelerating suspension and revocation timelines. The City cannot institute both a fine and a suspension/revocation at the same time for a specific violation. Therefore, staff recommends starting with a financial penalty and then escalating to a suspension/revocation. In addition, staff recommends changing the VMC language to state that a license shall be suspended for the respective amount of time (rather than "up to" the respective amount of time). Below is the recommended penalty schedule:

The proposed penalty for violations are:
• First violation within any three-year period:
o Licensee subject to $750 fine
o Licensee must provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City approved program within 60 days after the warning • Second violation within any three-year period:
o License shall be suspended for 60 days
• Third violation within any three-year period:
o License shall be suspended for one year
• Fourth violation within any three-year period:
o License shall be revoked
Advertising. Staff and youth associated with Vista Community Clinic's prevention programs have presented to the City Council regarding the elimination of tobacco advertising at businesses located near schools and youth-oriented facilities. The City Attorney's Office has explored this recommendation and determined that prohibiting specific content is restricted by the First Amendment as the requested regulation would not be content neutral. In order to have a content neutral regulation, the City Council must treat all businesses the same and ban all businesses from marketing, not just tobacco retailers.

Tobacco Store Distancing. Currently, Vista Development Code section 18.58.475 requires any new tobacco store to be more than 1,000 feet from a school. Based on interest from the City Council, staff is recommending that an amendment to the Code be taken to the Planning Commission to include limitations on new tobacco stores within 1,000 feet of an existing tobacco store or cannabis retailer. Based on the Planning Commission's recommendation, the item would then be brought to the City Council for approval.

It should be noted that this section of the Code refers to stores that only sell tobacco products, it does not apply to convenience stores, markets, and other businesses in which tobacco sales are ancillary. This is consistent with the distancing policies of the County of San Diego and other cities that include this type of restriction.

FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation. 03/14/2023 PH2 3 of 15

MEETING DATE: March 14, 2023 PAGE 4
SUBJECT: AMENDMENTS TO VMC CHAPTER 3.56, TOBACCO RETAIL LICENSE EXHIBITS:

1. City Council Ordinance No. 2023- , amending Chapter 3.56 of the Vista Municipal Code concerning tobacco retail licenses

2. Redline Versions of Municipal Code Sections 3.56.010 and 3.56.110

3. Vista Tobacco Retail License Fee Cost Survey

4. San Diego County Matrix of Tobacco Retail License Ordinance Policies

5. Prior City Council Actions
03/14/2023 PH2 4 of 15

ORDINANCE NO. 2023-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING CHAPTER 3.56 OF THE VISTA

MUNICIPAL CODE CONCERNING TOBACCO RETAIL LICENSES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The City Council wishes to conform the municipal code to match updated State legislation regarding tobacco sales.

C. The City Council wishes to amend the penalties for retail sales of tobacco products to minors.

2. Code Amendment.

A. Section 3.56.010, Legislative Findings, is amended to read as follows:
"Section 3.56.010 Legislative Findings
The City Council finds and determines that:

A. California Penal Code Section 308 prohibits the sale or giving of tobacco products to persons under 21 years of age, as well as the purchase, receipt, or possession of tobacco products by persons under 21 years of age.

B. California Business & Professions Code Section 22956-22963 (Stop Tobacco Access to Kids Enforcement Act (STAKE ACT)) authorizes the Department of Public Health (CDPH), Food and Drug Branch (FDB)to conduct retail inspections to determine compliance with state law prohibiting the sale of tobacco products to underaged persons.

C. California Business & Professions Code Section 22952 and California Penal Code Section 308 require that tobacco retailers post a conspicuous notice at each point of sale stating that selling tobacco products to anyone under 21 years of age is illegal.

D. California Business & Profession Code Section 22962 prohibits the sale or display of any tobacco product or paraphernalia, including electronic smoking devices though a self- service display or vending machine and prohibits public access to cigarettes without the assistance of a clerk.

G. California Education Code Section 48901(a) prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees.

H. Chapter 8.16 of the Vista Municipal Code regulates access to and use of tobacco products by persons under 21 years of age.

I. California Health and Safety Code section 104559.5 prohibits the sale of most flavored tobacco products including flavored e-cigarettes and menthol cigarettes in retail stores in California.

J. California Business & Professions Code Section 22971.3 authorizes local authorities to adopt tobacco retailer licensing laws to provide for the suspension and revocation of the local tobacco retailer license for any violation of a state tobacco control law.

EXHIBIT 1
03/14/2023 PH2 5 of 15

ORDINANCE NO. 2023-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
K. Despite the above referenced restrictions, minors continue to obtain cigarettes and other tobacco products at alarming rates. Each year an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age.

L. In a 2001 California youth-buying survey, 17.1% of retailers surveyed unlawfully sold tobacco products to minors.

M. In a 2004 San Diego County youth-buying survey, 33.4% of retailers surveyed unlawfully sold tobacco products to minors.

N. The City of Vista has a substantial interest in promoting compliance with federal, state and local laws intended to regulate tobacco sales and use.

O. Studies have shown that local tobacco retail licensing programs coupled with a strong enforcement program substantially reduces youth access to tobacco." B. Section 3.56.110, Suspension or Revocation of License, is amended to read as follows:
"Section 3.56.110 Suspension or Revocation of License A. In addition to any other penalty authorized by law, a tobacco retail license may be suspended or revoked if the City finds, after notice to the tobacco retail licensee and opportunity to be heard, that the tobacco retail licensee or his or her agents or employees has or have violated any of the provisions of this chapter or any applicable city, state or federal law; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same tobacco retail licensee, nor may violations accumulated against a prior tobacco retail licensee at a licensed location be accumulated against a new tobacco retail licensee at the same licensed location.

1. Upon a finding by the City of a first license violation within any three-year period, the City shall:
a. Require the licensee to pay a fine of$750 (seven hundred and fifty dollars);
b. Advise the licensee of the penalties for further violations of the ordinance; and
C. Require the licensee to provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City approved program within 60 days after the warning, or such other time as shall be set by the City.

2. Upon a finding by the City of a second license violation within any three- year period, the license shall be suspended for 60 days.

3. Upon the finding by the City of a third license violation within any three-year period, the license shall be suspended for for one year.

4. Upon a finding by the City of a fourth license violation within any three-year period, the license shall be revoked.

B. A tobacco retail license shall be revoked if the City finds, after notice and opportunity to be heard, that any one of the conditions listed below exist. The revocation shall be without prejudice to the filing of a new application for a tobacco retail license.

1. One or more of the bases for denial of a tobacco retail license under Section 3.56.060 existed at the time the tobacco retail license application was made or at anytime before the tobacco retail license was issued.

2. The application is incomplete for failure to provide the information required by Section 3.56.050.

3. The information contained in the application, including supplemental information, if any, is found to be false in any material respect. 03/14/2023 PH2 6 of 15

ORDINANCE NO. 2023-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 3

4. 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.

C. In the event the City suspends or revokes a tobacco retail license, written notice of the suspension or revocation shall be served upon the tobacco retail licensee within five days of the suspension or revocation in a manner prescribed in Section 3.56.050. The notice shall contain:

1. A brief statement of the specific grounds for such suspension or revocation;

2. A statement that the tobacco retail licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of Section

3.56.120, to the City, within ten calendar days of the date of the 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 rights to an administrative appeal hearing, and the suspension or revocation will be final."

3. Effective Date. This Ordinance shall be effective on the thirty-first day following the date of its adoption.

4. Adoption. INTRODUCED AND ADOPTED at a meeting of the City Council held on March 14, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

JOHN FRANKLIN, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20230306151441
03/14/2023 PH2 7 of 15

VISTA MUNICIPAL CODE SECTION 3.56.010

REDLINE VERSION
Section 3.56.010 Legislative Findings
The City Council finds and determines that:

A. California Penal Code Section 308 prohibits the sale or f„r ig ving of Eigarettes, tobacco products anal smekinn paraphnrnolio to persons under 21 years of age, as well as the purchase, receipt, or possession of tobacco products by persons under 21 years of age.

B. California Business & Professions Code Section 22956 requires that tnhonnn „ears of a _22963 (Stop Tobacco Access to Kids Enforcement Act (STAKE ACT)) authorizes the Department of Public Health (CDPH), Food and Drug Branch (FDB) to conduct retail inspections to determine compliance with state law prohibiting the sale of tobacco products to underaged persons.

D. California Business & Profession Code Section 22962 prohibits the sale or display Of s+garettesany tobacco product or paraphernalia, including electronic smoking devices though a self-service display or vending machine and prohibits public access to cigarettes without the assistance of a clerk.

E. California Penal Code Section 308.1 prohibits the sale of "bidis" (hand-rolled filterless cigarettes imported primarily from India and Southeastern Asia countries)except at those businesses that prohibit the presence of persons under 21 years of age-.,.F. "roll yyour_own" tnhanr•n in paGkannc rnntainino less than 0.60 ni,nros of tobaG+n G. California Education Code Section 48901(a) prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees.

H. Chapter 8.16 of the Vista Municipal Code regulates access to and use of tobacco products by persons under 21 years of age.
fl. California Health and Safety Code section 104559.5 prohibits the sale of most flavored tobacco products including flavored e-cigarettes and menthol cigarettes in retail stores in California.

JK. Despite the above referenced restrictions, minors continue to obtain cigarettes and other tobacco products at alarming rates. Each year an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age.

KL. In a 2001 California youth-buying survey, 17.1% of retailers surveyed unlawfully sold tobacco products to minors.

LM. In a 2004 San Diego County youth-buying survey, 33.4% of retailers surveyed unlawfully sold tobacco products to minors.

AWN. The City of Vista has a substantial interest in promoting compliance with federal, state and local laws intended to regulate tobacco sales and use.

NO. Studies have shown that local tobacco retail licensing programs coupled with a strong enforcement program substantially reduces youth access to tobacco.

EXHIBIT 2
03/14/2023 PH2 8 of 15

VISTA MUNICIPAL CODE SECTION 3.56.110

REDLINE VERSION
Section 3.56.110 Suspension or Revocation of License A. In addition to any other penalty authorized by law, a tobacco retail license may be suspended or revoked if the City finds, after notice to the tobacco retail licensee and opportunity to be heard, that the tobacco retail licensee or his or her agents or employees has or have violated any of the provisions of this chapter or any applicable city, state or federal law; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same tobacco retail licensee, nor may violations accumulated against a prior tobacco retail licensee at a licensed location be accumulated against a new tobacco retail licensee at the same licensed location.

1. Upon a finding by the City of a first license violation within any three-year period, the City shall:
a issue a written warning t„ Require the licensee.. to pay a fine of $750 (seven hundred and fifty dollars);
b. Advise the licensee of the penalties for further violations of the ordinance.-; and
C. Require the licensee to provide documentation to the City that all employees engaged in the retail sales of tobacco have received training in a City approved program within 60 days after the warning, or such other time as shall be set by the City.

2. Upon a finding by the City of a second license violation within any three- year period, the license n'4ayshall be suspended up to 30for 60 days.

3. Upon the finding by the City of a third license violation within any three--year period, the license n4ayshall be suspended for up to 90 days-.for one year.

4._ Upon thea finding by the City of a fourth license violation within any three- -year period, the license mad,. ci ic.ieRderd for up to one year

5. Upon a finding by the Gity of a fifth Iinons vielation within any three year period the license mayshall be revoked.

2. The application is incomplete for failure to provide the information required by Section 3.56.050.

3. The information contained in the application, including supplemental information, if any, is found to be false in any material respect.

4. 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.

1. A brief statement of the specific grounds for such suspension or revocation;

2. A statement that the tobacco retail licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of Section

3.56.120, to the City, within ten calendar days of the date of the service of the notice; and 03/14/2023 PH2 9 of 15

Yearly costs associated with Tobacco Retail License
Personnel Costs
Department Hours per Hourly Rate Total
City Manager 140 40 5600
Business License 50 40 2000
Sheriff Department 100 75 7500
15100 Personnel costs per year
Decoy Operations Costs
Expense Rate Number of decoys number of Total
Gift Cards for decoys 25 3 4 300
Meal Expenses 20 3 4 240
540 Decoy operations cost!
Total Yearly Costs
Personnel Costs 15100
Decoy Operations Costs 540
Subtotal 15640
72 current Licenses
Cost per license 217.2222
EXHIBIT 3
03/14/2023 PH2 11 of 15

per year
03/14/2023 PH2 12 of 15

Matrix of Tobacco Retail Licenses Programs in San Diego County Designated Administration/Enforcement Agencies&Violation Schedule T I I Restrictions Included
3 Date No. Administrative/ v aall
Passed Population Fee Tobacco Enforcement Agency a a £ Violation Schedule VRetailers o N J a o ,M
March I 243,916 I $322 147 I Chula Vista PD I I I I I 1s1 Warning issued —° 2018 I I I I 2nd 90-day tobacco license suspension U > I I I 3rd 1-year tobacco license suspension i4t" Tobacco license revoked
June 102,803 $675 103 El Cajon Code Enforcement 1st $2,500 fine and 2 additional 2005 - City of El Cajon contracts compliance checks with local non-profit to 2nd $2,500 fine,60-day suspension and 0 organize and complete 2 additional compliance checks annually compliance X 3rd $2,500 fine, 120-day suspension w checks and 2 additional compliance checks 4t" License revoked,$2,500 fine and
proprietor shall never be issued a
license again
October 152,213 $88 130 Code Enforcement/Escondido PD 1st Warning issued -°a 2020 - Annual inspections by Code 2nd 90-day tobacco license suspension Enforcement. 3ra 1-year tobacco license suspension - Annual compliance checks by X
L; PD 4th Tobacco license revoked v December 27,108 $250 27 Sheriff's Dept. 1st Written warning and assess for a 0 2018 - City of Lemon Grove fine(not defined) cD contracts with local non- 2nd Mandatory employee training and Eprofit to organize and assess for a fine(not defined) J complete annually 3ra License suspended or revoked compliance checks
EXHIBIT 4
03/14/2023 PH2 13 of 15

Matrix of Tobacco Retail Licenses Programs in San Diego County Designated Administration/Enforcement Agencies&Violation Schedule Restrictions Included
Date No. Administrative/
£ Passed Population Fee Tobacco Enforcement Agency Violation Schedule Retailers Y a a
August 176,080 $319.63 101 I Code Enforcement/Oceanside PD I I I I I 1st 30-day suspension 2020 - Annual inspections by Code I I I I 2"d 90-day suspension Enforcement. 3ra Tobacco license revoked o - Compliance checks by PD July 94,042 $190 53 City Business Licensing/Sheriff's 1st Issue warning,warn of penalties for V) 2016 Dept. future violations,employees must 0 - City of San Marcos city attend City training > staff handles the 2"d 90-day tobacco license suspension rZ program and compliance 3rd 1-year tobacco license suspension "' checks with support 4th Tobacco license revoked from Sheriffs Dept.

July 13,527 $110 7 Other 1st 30-day tobacco license suspension 2009 - Annual compliance or$1,000 fine checks conducted by 2nd 90-day tobacco license suspension CO local non--profit
p plus$1,000 fine
organization X 3rd 1-year tobacco license suspension �° plus$1,000 fine
4t" Tobacco license revoked, plus fine
May 101,797 $250 69 City Business Licensing Dept/ 1st Issue warning,warn of penalties for 2005 Sheriff's Dept. future
X 2"d 30-day tobacco license suspension
.> 3rd 90-day tobacco license suspension 4t" 1-year tobacco license suspension
5t" Tobacco license revoked
December 515,403 TBD 330 Public Health Services,Tobacco 1st 30-day tobacco license suspension a, 2020 Control Resource Program
ro T X X X X X X 2"d 60-day tobacco license suspension o
a
`o t0 3rd 90-day tobacco license suspension c 4t" Tobacco license revoked D
Information gathered by Vista Community Clinic from The Center for Tobacco Policy and Organizing and California Community Health Assessment Tool July 2021 03/14/2023 PH2 14 of 15

PRIOR CITY COUNCIL ACTIONS
On February 28, 2023, City Council discussed penalties for retailers for tobacco sales to minors and directed to staff to draft an ordinance that incorporates the comments made by council to be brought back at a future meeting (Vote: 5-0).

On September 13, 2016, introduced and adopted City Council Ordinance No. 2016- 13, entitled, " An Ordinance of the City Council of the Chartered City of Vista, California, Amending Chapters

3. 56 and 8. 16 of the Vista Municipal Code Concerning Tobacco Retail Licenses and Access to and Possession of Smoking Materials by Underage Persons" (Vote: 5-0).

On May 11, 2010, introduced and adopted City Council Ordinance 2010- 12, amending Title 3, Chapter 3. 56, Section 3. 56.060. 13 of the Vista Municipal Code Relating to Term of Tobacco Retail License (Vote: 5- 0).

On June 28, 2005, adopted City Council Ordinance 2005- 12, adding Chapter 3. 56 to the Vista Municipal Code requiring the Licensing of Tobacco Retailers (Vote: 4- 0, Campbell absent).

On June 14, 2005, the City Council removed Ordinance 2005- 12 from the Consent Calendar and directed staff to amend the language of the penalty section of the Ordinance, and reintroduced City Council Ordinance 2005- 12, adding Chapter 3. 56 to the Vista Municipal Code (Vote: 5- 0).

On May 24, 2005, the City Council introduced Ordinance 2005- 12 during the Discussion portion of the meeting (Vote: 3- 2, Campbell and Lopez opposed).

EXHIBIT 5
03/14/2023 PH2 15 of 15

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PH2 Amendments to VMC Chapter 3 . 56 ,
Tobacco Retail License
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PH2. Amendments to VMC Chapter 3.56, Tobacco Retail
CITY OF VISTA License
• Proposed Changes
— Legislative Findings Updates
— Fine for retailers found to be in violation
— Strengthen language for penalties and reduce
number of violations prior to license revocation
— Amend Vista Development Code 18.58.475

• Amendments Chapter Tobacco Retail
CITY OF VISTA License
Violations Win Current Penalties Proposed Penalties perioda 3-year
1 St violation • Written warning to licensee • $750 fine • Proof of employee training • Proof of employee training 2nd violation License may be suspended up to 30 License shall be suspended for 60 days days
3rd violation License may be suspended up to 90 License shall be suspended for days one year
4th violation License may be suspended for up to License shall be revoked one year
5th violation License may be revoked N/A

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PH2 Amendments to VMC Chapter 3 . 56 ,
Tobacco Retail License
9 CITYOFVISTA.COM

Vista City CouncilMarch 14, 2023

Vista City Council
March 14, 2023