CITYOF SONOMA : The City Council of the City of Sonoma does ordain as follows: The City of Sonoma hereby?nds and declares as follows:

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1 CITYOF SONOMA : ORDINANCE NO AN ORDINANCE OF THE CITY OF SONOMA REQUIRINGTHE LICENSURE OF TOBACCO RETAILERS AND AMENDING CHAPTER 7.25 OF THE MUNICIPAL CODE The City Cuncil f the City f Snma des rdain as fllws: SECTION I. FINDINGS. The City f Snma hereby?nds and declares as fllws: WHEREAS, based in part n the infrmatin cntained in this sectin, the City Cuncil?nds that the failure f tbacc retailers t cmply with all tbacc cntrl laws, particularly laws prhibiting the sale f tbacc prducts t minrs, presents an imminent threat t the public health, safety, and welfare f the residents f the City f Snma; and WHEREAS, the City Cuncil?nds that a lcal licensing system fr tbacc retailers is apprpriate t ensure that retailers cmply with tbacc cntrl laws and business standards f the City, t prtect the health, safety, and welfare f ur residents; and WHEREAS, apprximately 480,000 peple die in the United States frm tbacc-related diseases every year, making tbacc use the natin s leading cause f preventable death; and V WHEREAS, the Wrld Health Organizatin (WHO) estimates that by 2030, tbacc will accunt fr 8.3 millin deaths per year and will be respnsible fr 10 percent f all deaths wrldwide; and WHEREAS, 5.6 millin f tday s Americans wh are yunger than l8 are prjected t die prematurely frm a smking relatedillness; and WHEREAS, the Califrnia Legislature has recgnized the danger f tbacc use and has made reducing yuth access t tbacc prducts a high pririty, as evidenced by the fact that: a The Legislature has declared that smking is the single mst imprtant surce f preventable disease and premature death in Califrnia (Cal. Health & Safety Cde l 18950); State law prhibits the sale rfurnishing f cigarettes, tbacc prducts, and tbacc paraphernalia t minrs, as well as the purchase, receipt, r pssessin f tbacc prducts by minrs (Cal. Pen. Cde 308);

2 a a State law requires that tbacc retailers check the identi?catin f tbacc purchaserswh reasnably appear t be under 18 years f age (Cal. Bus. & Prf. Cde 22956) and prvides prcedures fr using minrs t cnduct nsite cmpliance checks f tbacc retailers (Cal. Bus. & Prf. Cde 22952); State law prhibits the sale f tbacc prducts and paraphernalia thrugh self-service displays with limited exceptins fr tbacc stres (Cal. Bus. & Prf. Cde and 22962); State law prhibits the sale r furnishing f electrnic cigarettes t minrs (Cal. Health & Safety Cde l19405); State law prhibits the manufacture, distributin, r sale f cigarettes in packages f less than 20 and prhibits the manufacture, distributin, r sale f "rll-yur-wn" tbacc in packages cntaining less than 0.60 unces f tbacc (Cal. Pen. Cde 308.3); and WHEREAS, state law requires all tbacc retailers t be licensed by the Bard f Equalizatin primarily t curb the illegal sale and distributin f cigarettes due t tax evasin and cunterfeiting (Cal. Bus. & Prf. Cde and 22972); and WHEREAS, state law explicitly permits cities and cunties t enact lcal tbacc retail licensing rdinances, and allws fr the suspensin r revcatin f a lcal license fr a vilatin f any state tbacc cntrl law (Cal. Bus. & Prf. Cde ); and WHEREAS, Califrnia curts have af?rmed the pwer f the City t regulate business activity t discurage vilatins f law. See, e.g., Chen v. Bard fsupervisrs, 40 Cal. 3d 277 (1985); Brav Vending v. City franch Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City f Sacrament, 184 Cal. App. 4th 697 (2010); and WHEREAS, despite the State s and City's effrts t limit yuth access t tbacc, minrs are still able t access cigarettes, as evidenced by the fact that: In Califrnia, 36.8 percent f high schl students have smked a whle cigarette by 14 years f age; In Califrnia, 64 percent f adult smkers started by the age f 18; Amng middle schl students wh were current cigarette users in 2004, 70.6 percent were nt asked t shw prf f age when they purchased r attempted t purchase cigarettes frm a stre, and 66.4 percent were nt refused purchase because f their age; In 2002, yuth smked apprximately 540 millin packs f cigarettes, generating nearly $1.2 billin in tbacc industry revenue; In Snma Cunty, 70 percent f 11th graders and 52 percent f 9th graders reprt that it is "fairly" r "very" easy t btain cigarettes; 2

3 WHEREAS, Califrnia retailers cntinue t sell tbacc t underage cnsumers, evidenced by the fllwing: 7.6 percent f all tbacc retailers were witnessed unlawfully selling t minrs in 2013; Amng the 14.2 percent f minrs natinwide wh smked cigarettes in 2011, 14.0 percent had usually btained their wn cigarettes by buying them in a stre r gas statin; WHEREAS, research demnstrates that lcal tbacc retail rdinances dramatically reduce yuth access t cigarettes. Fr example: a A review f 33 Califrnia cmmunities with strng tbacc retailer licensing rdinances shws that the yuth sales rate declined in 31 f these cmmunities after the rdinances were enacted, with an average decrease f 26 percent in the yuth sales rate; Over 90 percent f enfrcement agencies surveyed in 2000 rated license suspensin r revcatin after repeated vilatins as an effective strategy t reduce yuth access t tbacc; and A study fund that dds f daily smking were reduced by 2% fr each l% increase in merchant cmpliance with yuth access laws; and A study f the effect f licensing and enfrcement methdsused in the Philadelphia area revealed a decrease in sales t minrs frm 85 percent in l994 t 43 percent in 1998; A study f several Minnesta cities fund that an increased licensing fee in cnjunctin with strict enfrcement f yuth access laws led t a decrease frm 39.8 percent t 4.9 percent in the number f yuth able t purchase tbacc; and WHEREAS, ver 100 cities and cunties in Califrnia have passed tbacc retailer licensing rdinances in an effrt t stp minrs frm using tbacc; and WHEREAS, a requirement fr a tbacc retailer license will nt unduly burden legitimate business activities f retailers wh sell r distribute cigarettes r ther tbacc prducts t adults. It will, hwever, allw the City t regulate the peratin f lawful businesses t discurage 3 vilatins f federal, state, and lcal tbacc-related laws; and WHEREAS, the City has a substantial interest in prmting cmpliance with federal, state, and lcal laws intended t regulate tbacc sales and use; in discuraging the illegal purchase f tbacc prducts by minrs; in prmting cmpliance with laws prhibiting sales f cigarettes and tbacc prducts t minrs; and finally, and mst imprtantly, in prtecting children frm being lured int illegal activity thrugh the miscnduct f adults; and

4 NOW THEREFORE, it is the intent f the City Cuncil, in enacting this rdinance, t ensure cmpliancewith the business standards and practices f the City and t encurage respnsible tbacc retailing and t discurage vilatins f tbacc-related laws, especially thse which prhibit r discurage the sale r distributin f tbacc and nictine prducts t minrs, but nt t expand r reduce the degree t which the acts regulated by federal r state law are criminally I prscribed r t alter the penalties prvided therein. SECTION II. Chapter 7.25 f the Snma Municipal Cde is hereby amended t read as fllws: Sec DEFINITIONS. The fllwing wrds and phrases, whenever used in this chapter, shall have the meanings de?ned in this sectin unless the cntext clearly requires therwise: (a) "Arm s Length Transactin" means a sale in gd faith and fr Valuable cnsideratin that re?ects the fair market value in the pen market between tw infrmed and willing parties, neither f which is under any cmpulsin t participate in the transactin. A sale fr which a signi?cant purpse is aviding the effect f the vilatins f this rdinance is nt an Arm s Length Transactin. (b) "Cigar" means (i) any rll f tbacc wrapped entirely r in part in tbacc r in any substance cntaining tbacc; r (ii) any paper r wrapper that cntains tbacc and is designed fr smking r ingestin f tbacc prducts. Fr the purpses f this subsectin, "Cigar" includes, but is nt limited t, Tbacc Prducts knwn r labeled as "cigar," cigarill, "tiparill, "little cigar," blunt wrap," r cigar wrap." (c) "City" means the City f Snma, State f Califrnia. (d) "Department" means City Manager, and any agency r Persn designated by the Department t enfrce r administer the prvisins f this chapter. a (e) Electrnic Smking Device means an electrnic device which can be used t deliver an inhaled dse f nictine, r ther substances, including any cmpnent, part, r accessry f such a device, whether r nt sld separately. Electrnic Smking Device includes any such electrnic smking device, whether manufactured, distributed, marketed, r sld as an electrnic cigarette, an electrnic cigar, an electrnic cigarill, an electrnic pipe, an electrnic hkah, r any ther prduct name r descriptr. "Persn" means an natural ersn, artnershi, c erative assciatin, cr ratin, P persnal representative, receiver, trustee, assignee, r any ther legal entity.

5 (g) "Prprietr" means a Persn with an wnership r managerial interest in a business. An wnership interest shall be deemedt exist when a Persn has a ten percent (10%) r greater interest in the stck, assets, r incme f a business ther than the sle interest f security fr debt. A managerial interest shall be deemed t exist when a Persn can r des have r share ultimate cntrl ver the day-t-day peratins f a business. l (h) "Self-Service Display means the pen display r strage f Tbacc Prducts r Tbacc Paraphernalia in a manner that is physically accessible in any way t the general public withut the assistance f the retailer r emplyee f the retailer and a direct persn-t-persn transfer between the purchaser and the retailer r emplyee f the retailer. A vending machine is a frm f Self-Service Display. (i) "Smking" means inhaling, exhaling, burning, r carrying any lighted, heated, r ignited cigar, cigarette, cigarill, pipe, hkah, Electrnic Smking Device, r any plant prduct intended fr human inhalatin. (1')"Tbacc Paraphernalia" means any item designed fr the cnsumptin, use, r preparatin f Tbacc Prducts. (k)"tbacc Prduct" means: (1) any prduct cntaining, made, r derived frm tbacc r nictine that is intended fr human cnsumptin, whether smked, heated, chewed, absrbed, disslved, inhaled, snrted, sniffed, r ingested by any ther means, including but nt limited t, \ cigarettes, cigars, little cigars, chewing tbacc, snuff; (2) any electrnic device that delivers nictine r ther substances t the persn inhaling frm the device, including but nt limited t, an electrnic cigarette, cigar, pipe, r hkah; (3) Ntwithstanding any prvisin f subsectins (a) and (b) t the cntrary, "tbacc prduct" includes any cmpnent, part, r accessry f a tbacc prduct, whether r nt sld separately. "Tbacc prduct" des nt include (i) any prduct that has been apprved by the United States Fd and Drug Administratin fr sale as a tbacc cessatin prduct r fr ther therapeutic purpses where such prduct is marketed and sld slely fr such an apprved purpse, r (ii)?avred tbacc intended t be smked by means f a pipe ("pipe tbacc").

6 (1) "Tbacc Retailer" means any Persn wh sells, ffers fr sale, r des r ffers t exchange fr any frm f cnsideratin, tbacc, Tbacc Prducts r Tbacc Paraphernalia. "Tbacc Retailing shall mean the ding f any f these things. This de?nitin is withut regard t the quantity f Tbacc Prducts r Tbacc Paraphernalia sld, ffered fr sale, exchanged, r ffered fr exchange. Sec REQUIREMENTSAND PROHIBITIONS (a) TOBACCO RETAILER S LICENSE REQUIREDỊt shall be unlawful fr any Persn t act as a Tbacc Retailer in the City withut first btaining and maintaining a ValidTbacc Retailer s license pursuant t this chapter fr each lcatin at which that activity is t ccur. Tbacc Retailing withut a valid Tbacc Retailer s license is a nuisance as a matter f law. (b) LAWFUL BUSINESS OPERATION. In the curse f Tbacc Retailing r in the peratin f the business r maintenance f the lcatin fr which a license issued, it shall be a vilatin f this chapter fr a licensee, r any f the licensee s agents r emplyees, t Vilate any lcal, state, r federal law applicable t Tbacc Prducts, r Tbacc Retailing. (c) DISPLAY OF LICENSE. Each Tbacc Retailer license shall be prminently displayed in a publicly visible lcatin at the licensed lcatin. ((1)POSITIVE IDENTIFICATION REQUIREDṆ Persn engaged in Tbacc Retailing shall sell r transfer a Tbacc Prduct t anther Persn wh appears t be under the age f twenty-seven (27) years withut first examining the pht identi?catin f the recipient t cn?rm that the recipient is at least the minimum age under state law t purchase and pssess the Tbacc Prduct r Tbacc Paraphernalia. (e) MINIMUM AGE FOR PERSONS SELLING TOBACCO. N Persn wh is yunger than the minimum age established by state law fr the purchase r pssessin f Tbacc Prducts shall engage in Tbacc Retailing. (I) SELF-SERVICE DISPLAYS PROHIBITED. Tbacc Retailing by means f a Self- Service Display is prhibited. (g) FALSE AND MISLEADIN G ADVERTISING PROHIBITED. A Tbacc Retailer ; withut a Valid Tbacc Retailer license r a Prprietr withut a valid Tbacc Retailer license, including, fr example, a Persn whse license has been suspended r revked:

7 (I) Shall keep all Tbacc Prducts ut f public View. The public display f Tbacc Prducts in vilatin f this prvisin shall cnstitute Tbacc Retailing withut a license under Sectin I20; and (2) Shall nt display any advertisementrelating t Tbacc Prducts that prmtes the sale r distributin f such prducts frm the Tbacc Retailer s lcatin r that culd lead a reasnable cnsumer t believe that such prducts can be btained at that lcatin. (h) (i) Flavred Tbacc Prducts. N Tbacc Retailer shall sell a Tbacc Prduct cntaining, as a cnstituent r additive, an arti?cial r natural?avr (ther than tbacc r menthl) r an herb r spice, including strawberry, grape, range, clve, cinnamn, pineapple, vanilla, ccnut, licrice, cca, chclate, cherry, r cffee, that is a characterizing?avr f the Tbacc Prduct r smke prduced by the Tbacc Prduct unless (l) the Tbacc Prduct cnsists f package f Cigars cntains at least?ve Cigars r mre, r (2) a single Cigar fr which the retail price exceeds?ve dllars ($5.00), r (3) the Tbacc Prduct cnsisting f pipe tbacc, r (4) the package f chewing tbacc r snuff cntains at least?ve units r mre. MINIMUM PACK SIZE FOR CIGARS. Ntwithstanding any ther prvisin f this chapter, it shall be a Vilatinf this chapter fr any licensee r any f the licensee's agents r emplyees t sell, ffer fr sale, r exchange fr any frm f cnsideratin: (1) any single Cigar, whether r nt packaged fr individual sale; (2) any number f Cigars fewer than the number cntained in the manufacturer's riginal cnsumer packaging designed fr retail sale t a cnsumer; (3) any package f Cigars cntaining fewer than?ve Cigars. (4) this sectin des nt apply t the sale r ffer fr sale f a single cigar fr which the retail price exceeds?ve dllars ($5.00). See LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (a) Eligible Lcatins: The fllwing lcatins are eligible t apply fr a Tbacc Retailer license: N license may be issued t authrize Tbacc Retailing except at the fllwing lcatins where Tbacc Prducts are sld, ffered fr sale, r exchanged:

8 (1) 482 1st Street East, Snma, CA (2) Snma Hwy., Snma, CA (3) 477 W. Napa St., Snma, CA (4) 465 1st Street West, Suite 100, Snma, CA (5) 540 W. Napa St., Snma, CA (6) 1325 Bradway, Snma, CA (7) 194 W. Napa St., Snma, CA (8) Snma Hwy., Snma, CA (9) 464 1st Street East, Suite H, Snma, CA (10) Snma Hwy., Snma, CA (11) Snma Hwy., Snma, CA (12) 616 Bradway, Snma, CA (13) 573 5th Street West, Snma, CA (14) 925 Bradway, Snma, CA (15) 865 W. Napa St., Snma, CA (b) A Tbacc Retailer perating lawfully n the effective date f this rdinance that wuld therwise be eligible fr a Tbacc Retailer license fr any f the abve lcatins fr which a license is sught may receive r renew a license fr that lcatin s lng as: (i) the license is timely btained and is renewed withut lapse r permanent revcatin (as ppsed t temprary suspensin); (ii) the Tbacc Retailer is nt clsed fr business r therwise suspends Tbacc Retailing fr mre than sixty (60) cnsecutive days; (iii) the Tbacc Retailer des nt substantially change the business premises r business peratin; and (iv) the Tbacc Retailer retains the right t perate under ther applicable laws, including withut limitatin, the zning rdinance, building cdes, r ther applicable cdes. Sec APPLICATION PROCEDURE. (a) Applicatin fr a Tbacc Retailer s license shall be submitted in the name f each Prprietr prpsing t cnduct r cnducting retail tbacc sales, and shall be signed by each Prprietr r an authrized agent theref. It is the respnsibility f each Prprietr t be infrmed regarding all laws applicable t Tbacc Retailing, including thse laws affecting the issuance f 21Tbacc Retailer s license. N Prprietr may rely n the issuance f a license as a determinatin by the City that the Prprietr has cmplied with all laws applicablet Tbacc Retailing. A license issued cntrary t this chapter, cntrary t any ther law, r n the basis f false r misleading infrmatin supplied by a Prprietr shall be revked pursuant t Sectin (c) f this chapter. Nthing in this chapter shall 8

9 be cnstrued t vest in any Persn btaining and maintaining a Tbacc Retailer s license any status r right t act as a Tbacc Retailer in cntraventin f any prvisin f law. All applicatins shall be submitted n a frm supplied by the Department and shall cntain the fllwing infrmatin: (l) The name, address, and telephne number f each Prprietr f the business seeking a license. (2) The business name, address, and telephne number f the single?xed lcatin fr which a license is sught. (3) A single name and mailing address authrized by each Prprietr t receive all cmmunicatins and ntices (the "AuthrizedPersn and Address") required by, authrized by, r cnvenient t the enfrcement f this chapter. If an Authrized Persn and Address is nt supplied, each Prprietr shall be understd t cnsent t the prvisin f ntice at the business address specified in subparagraph (2) abve. (4) Prf that the lcatin fr which a Tbacc Retailer s license is sught has been issued a valid state tbacc retailer s license by the Califrnia Bard f Equalizatin. (5) Such ther infrmatin as the Department deems necessary fr the administratin r enfrcement f this chapter as speci?ed n the applicatin frm required by this sectin. (b) A licensed Tbacc Retailer shall infrm the Department in writing f any change in the infrmatin submitted n an applicatin fr a Tbacc Retailer s license within ten (10) business days f a change. (c) All infrmatin specified in an applicatin pursuant t this sectin shall be subject t disclsure under the Califrnia Public Recrds Act (Califrnia Gvernment Cde 6250 et seq.) r any ther applicable law, subject t the laws exemptins. Sec ISSUANCE OF LICENSE. (a) BASES FOR DENIAL. Upn the receipt f a cmplete applicatin fr a Tbacc Retailer s license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demnstrates that ne r mre f the fllwing bases fr denial exists:

10 ' (I) The infrmatin presented in the applicatin is inaccurate r false. Intentinally supplying inaccurate r false infrmatin shall be a vilatin f this chapter. (2) The applicatin seeks authrizatin fr Tbacc Retailing at a lcatin fr which this chapter prhibits issuance f Tbacc Retailer licenses. Hwever, this subparagraph shall nt cnstitute a basis fr denial f a license if the applicant prvides the City with dcumentatin demnstrating by clear and cnvincing evidence that the applicant has acquired r is acquiring the lcatin r business in an Arm s Length Transactin. (3) The applicatin seeks authrizatin fr Tbacc Retailing fr a Prprietr t whm this chapter prhibits a license t be issued. (4) The applicatin seeks authrizatinfr Tbacc Retailing at a lcatin ther than the ne listed in Sectin , that is unlawful pursuant t this Cde, including withut limitatin, zning rdinance and building cde, r that is unlawful pursuant t any ther law. (b) APPEAL OF DENIAL. Subject t Sectin (0), a decisin f the Department t deny a license is appealable t the City Cuncil and any appeal must be?led in writing with the City Clerk within?fteen (15) days f the Department's denial f the issuance f the license and the applicable appeal fee must be paid. Sec LICENSE RENEWAL AND EXPIRATION. (a) RENEWAL OF LICENSE. A Tbacc Retailer s license is invalid if the apprpriate license fee has nt been timely paid in full r if the term f the license has expired.the term f a Tbacc Retailer license is ne calendar year. Each Tbacc Retailer shall apply fr the renewal f his r her Tbacc Retailer s license and submit the license fee n later than Nvember 30 f each year, cmmencing Nvember 30, 2015, and annually thereafter. (b) EXPIRATION OF LICENSE. A Tbacc Retailer s license that is nt timely renewed shall expire n December 31 f each year. T renew a license nt timely renewed pursuant t subparagraph (a), the Prprietr must: (1) Submit the license fee and the renewal frm; and 10

11 (2) Submit a signed affidavit af?rming that the Prprietr has nt sld and will nt sell any Tbacc Prduct r Tbacc Paraphernalia after the license expiratin date and befre the license is renewed. Sec TRANSFER RESTRICTIONS. (a) A Tbacc Retailer s license may nt be transferred frm ne lcatin t anther. A new Tbacc Retailer s license is required whenever a Tbacc Retailing lcatin has a change in Prprietr(s). (b) Ntwithstanding any ther prvisin f this chapter, prir vilatins at a lcatin shall cntinue t be cunted against a lcatin and license ineligibility perids shall cntinue t apply t a lcatin unless: the new Prprietr(s) prvide the Department with clear and cnvincing evidence that the new Prprietr(s) have acquired r are acquiring the lcatin in an Arm s Length Transactin. Sec LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE. Nthing in this chapter shall be cnstrued t grant any Persn btaining and maintaining a Tbacc Retailer s license any status r right ther than the limited cnditinal privilege t act as a Tbacc Retailer at the lcatin in the City identi?ed n the face f the license. Fr example, nthing in this chapter shall be cnstrued t render inapplicable, supersede, r apply in lieu f any ther prvisin f applicable law, including but nt limited t, any prvisin f this Cde including withut limitatin, the zning rdinance and building cdes, r any cnditin r limitatin n smking in an enclsed place f emplyment pursuant t Califrnia Labr Cde sectin Fr example, btaining a Tbacc Retailer s license des nt make the retailer a "retail r whlesale tbacc shp" fr the purpses f Califrnia Labr Cde sectin Sec FEE FOR LICENSE. The fee t issue r t renew a Tbacc Retailer s license shall be established frm time t time by reslutin f the City. The fee shall be calculateds as t recver the cst f administratin and enfrcement f this chapter, including, fr example, issuing a license, administering the license prgram, retailer educatin, retailer inspectin and cmpliance checks, dcumentatin f vilatins, and prsecutin f vilatrs, but shall nt exceed the cst f the regulatry prgram authrized by this chapter. Fees are nnrefundable except as may be required by law. See COMPLIANCE MONITORING. (a) Cmpliance with this chapter shall be mnitred by the Department. In additin, any peace f?cer may enfrce the penal prvisins f this chapter. The Department may 11

12 designate any number f additinal Persns t mnitr cmpliance with this chapter. (b) The Department shall inspect each Tbacc Retailer at least ne (1) time per twelve (l2) mnth perid. Nthing in this paragraph shall create a right f actin in any licensee r ther Persn against the City r its agents. (c) The Department shall nt enfrce any law establishing a minimum age fr Tbacc purchases r pssessin against a Persn wh therwise might be in vilatin f such law because f the Persn s age (hereinafter "Yuth Decy ) if the ptential vilatin ccurs when: (1) the Yuth Decy is participating in an inspectin supervised by a peace fficer, cde enfrcement fficial, r the Persn designated by the City t mnitr cmpliance with this chapter; (2) the Yuth Decy is acting as an agent f a Persn designated by the City t mnitr cmpliance with this chapter; r (3) the Yuth Decy is participating in an inspectin funded in part, either directly r indirectly thrugh subcntracting, by the Cunty f Snma Department f Health Services r the Califrnia Department f Health Services. Sec SUSPENSION OR REVOCATION OF LICENSE. (a) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In additin t any ther penalty authrized by law, a Tbacc Retailer s license shall be suspended r revked if any curt f cmpetent jurisdictin determines, r the Department?nds based n a prepnderance f the evidence, after the licensee is affrded ntice and an pprtunity t be heard, that the licensee, r any f the licensee s agents r emplyees, has vilated any f the requirements, cnditins, r prhibitins f this chapter r has pleaded guilty, n cntest" r its equivalent, r admitted t a vilatin f any law designated in Sectin abve. (1) Upn a finding by the Department f a first Vilatinf this chapter at a lcatin within any sixty (60)-mnth perid, the license shall be suspended fr thirty (30) days. (2) Upn a?nding by the Department f a secnd vilatin f this chapter at a lcatin within any sixty (60)-mnth perid, the license shall be suspended fr ninety (90) days. 12

13 (3) Upn a?nding by the Department f a third vilatin f this chapter at a lcatin within any sixty (60)-mnth perid, the license shall be suspended fr ne (I) year. (4) Upn a?nding by the Department f fur r mre vilatins f this chapter at a lcatin within any sixty (60)-mnth perid, the license shall be revked. (b) APPEAL OF SUSPENSION OR REVOCATION. A decisin f the Department t suspend r revke a license is appealable t the City Cuncil and any appeal must be?led in writing with the City Clerk within?fteen (15)days f mailing f the Department s decisin and the applicable,appeal fee must be paid. If such an appeal is timely made, it shall stay enfrcement f the appealed actin. An appeal t the City Cuncil is nt available fr a revcatin made pursuant t subsectin (c) belw. (c) REVOCATION OF LICENSE WRONGLY ISSUED. A Tbacc Retailer s license shall be revked if the City Cuncil?nds, after the licensee is affrded ntice and an pprtunity t be heard, that ne r mre f the bases fr denial f a license under Sectin existed at the time applicatin was made r at any time befre the license issued. The decisin by the City Cuncil shall be the?nal decisin f the City. Such a revcatin shall be withut prejudice t the?ling f a new license applicatin. See TOBACCO RETAILING WITHOUT A VALID LICENSE. (a) In additin t any ther penalty authrized by law, if a curt f cmpetent jurisdictin determines, r the City Cuncil?nds based n a prepnderance f evidence, after ntice and an pprtunity t be heard, that any Persn has engaged in Tbacc Retailing at a lcatin withut a valid Tbacc Retailer s license, either directly r thrugh the Persn s agents r emplyees, the Persn shall be ineligible t apply fr, r t be issued, a Tbacc Retailer s license as fllws: (l) After a?rst vilatin f this sectin at a lcatin within any sixty (60)-mnth perid, n new license may issue fr the lcatin (unless wnership f the business at the lcatin has been transferred in anarm s Length Transactin), until thirty (30) days have passed frm the date f the vilatin. (2) After a secnd vilatin f this sectin at a lcatin within any sixty (60)-mnth perid, n new license may issue fr the lcatin (unless wnership f the business at the lcatin has been transferred in an Arm s Length Transactin), until ninety (90) days have passed frm the date f the vilatin. (3) After f a third r subsequent vilatin f this sectin at a lcatin within any sixty 13

14 (60)-mnth perid, n new license may issue fr the lcatin (unless wnership f the business at the lcatin has been transferred in an Arrn s Length Transactin), until sixty (60) mnths have passed frm the date f the vilatin. (b) Tbacc Prducts and Tbacc Paraphernalia ffered fr sale r exchange in vilatin f this sectin are subject t seizure by the Department r any peace fficer and shall be frfeited after the licensee and any ther wner f the Tbacc Prducts and Tbacc Paraphernalia seized is given reasnable ntice and an pprtunity t demnstrate that the Tbacc Prducts and Tbacc Paraphernalia were nt ffered fr sale r exchange in vilatin f this chapter. The decisin by the Department may be appealed pursuant t the prcedures set frth in Sectin l0(b). Frfeited Tbacc Prducts and Tbacc Paraphernalia shall be destryed after all internal appeals have been exhausted and the time in which t seek judicial review pursuant t Califrnia Cde f Civil Prcedure sectin l094.6 r ther applicable law has expired withut the?ling f a lawsuit r, if such a suit is?led, after judgment in that suit becmes final. (c) Fr the purpses f the civil remedies prvided in this chapter, each f the fllwing cnstitutes a separate vilatin f this chapter: (1) each day n which a Tbacc Prduct r Tbacc Paraphernalia is ffered fr sale in vilatin f this chapter; r (2) each individual retail Tbacc Prduct and each individual retail item f Tbacc Paraphernalia that is distributed, sld, r ffered fr sale in vilatin f this chapter; Sec ADDITIONAL REMEDIES. (a) The remedies prvided by this chapter are cumulative and in additin t any ther remedies available at law r in equity. (b) Wheneverevidence f a vilatinf this chapter is btainedin any part thrugh the participatinf a Persn under the age f eighteen (18) years ld, such a Persn shall nt be requiredt appear r give testimny in any civil r administrativeprcess brught t enfrce this chapter and the alleged vilatin shallbe adjudicatedbased upn the sufficiency and persuasiveness f the evidencepresented. (c) Vilatins f this chapter are subject t a civil actin brught by the City Attrney, punishable by a civil?ne nt less than Tw Hundred Fifty Dllars ($250.00) and nt exceeding One Thusand Dllars ($1,000.00) per vilatin. 14

15 d Vilatins f this cha ter may, in the discretin f the Cit Attrney, ma be P Y Y prsecuted as infractins r misdemeanrs when the interests f justice s require. (e) Causing, permitting, aiding, abetting, r cncealing a vilatin f any prvisin f this chapter shall als cnstitute a vilatin f this chapter. (1)Vilatins f this chapter are hereby declared t be public nuisances. (g) In additin t ther remedies prvided by this chapter r by ther law, any vilatin f this chapter may be remedied by a civil actin brught by the City Attrney, including, fr example, administrative r judicial nuisance abatement prceedings, civil r criminal cde enfrcement prceedings,and suits fr injunctive relief. Sec ENFORCEMENT. This chapter shall nt be enfrced by the City until September 1, SECTION III. SEVERABILITY. If any sectin, subsectin, subdivisin, paragraph, sentence, clause r phrase f this Ordinance, r its applicatin t any persn r circumstance, is fr any reasn held t be invalid r unenfrceable, such invalidity r unenfrceability shall nt affect the validity r enfrceability f the remaining sectins, subsectins, subdivisins, paragraphs, sentences, clauses r phrases f this Ordinance, r its applicatin t any ther persn r circumstance. The City Cuncil f the City f Snma hereby declares that it wuld have adpted each sectin, subsectin, subdivisin, paragraph, sentence, clause r phrase heref, irrespective f the fact that any ne r mre ther sectins, subsectins, subdivisins, paragraphs, sentences, clauses r phrases heref be declared invalid r unenfrceable. SECTION IV. EFFECTIVE DATE. This Ordinance shall becme effective thirty (30) days frm and after the date f its passage. PASSED, APPROVED AND ADOPTED by the City Cuncil f the City f Snma this 1st day f June, / DavidCk, éyr 15 ATTEST: Gay Jh Assistant City Manager/City Clerk

16 State f Califrnia ) Cunty f Snma ) City f Snma ) 1, Gay Jhann, Assistant City Manager/City Clerk f the City f Snma, d hereby certify that the freging rdinance was adpted n June 1, 2015 by the fllwing vte: AYES: NOES: Edwards, Gallian, Ck, Hundley, Agrimnti Nne ABSENT: Nne Assistant City Manager/City Clerk