Agenda ftem Number 77 Agende Report nevieUffo by: €iryManag*ffi CIW OF SEBASTOPOL CITY COUNCIL AGENDA ITEM Meeting September 1.,2020 To: Honorable Mayor and Councilmembers From: Vice Mayor Glass City Manager Acting Chief of Police Subject: Ordinance of the City of Sebastopol Adopting a Tobacco Retail License Ordinance to Regulate the Sale and Distribution of Tobacco Products to Protect Minors of the City of Sebastopol /and Discussion and Consideration of Submission of Grant Application for Department of Justice Tobacco Program Grant Recommendation: That the City Council: t. Approve for Waiving of First Reading and lntroduction of Ordinance: Tobacco Retail License Ordinance to Regulate the Sale and Distribution of Tobacco Products to Protect Minors of the City of Sebastopol; and Funding: Currently Budgeted: Yes No XXX- N/A Net General Fund Cost: S Amount: S AK Account Code/Costs authorized in City Approved Budget (if applic able\- (verified by Adminlstrative Services Department) INTRODUCTION: This item is to request that the City Council Approve for Waiving of First Reading and lntroduction of Ordinance: Tobacco Retail License Ordinance to Regulate the Sale and Distribution of Tobacco Products to Protect Minors of the City of Sebastopol. BACKGROUND: Rising youth tobacco usage, especially with electronic smoking devices (vaping), has encouraged municipalities to pass more restrictions banning certain types of tobacco and tobacco products. On February 4,2020, the Gravenstein Health Action Chapter (now Gravenstein Health Action Coalition) made a presentation to the City Council titled: Youth Nicotine Use in Sebastopol and Retail Policy Options. At the conclusion of the presentation, Council gave direction to Staff to work with the community led by Gravenstein Health Action to prioritize the elements of a policy and bring it back to them to prepare for an ordinance. On July 7,zl2},the City Council received a second presentation from Gravenstein Health Action Coalition on Tobacco Retail Licensing with a request for the City to move forward on the preparation of a tobacco retail license ordinance for the City of Sebastopol. The ordinance is before the City Council tonight for waiving of first reading and introduction of ordinance. Agenda ltem Number 77 City Council Meeting Packet of September 7, 2O2O Page 7 of 4O Agenda ltem Number 77 DISCUSSION: Tonight's item is to propose an ordinance, Tobacco Retail License (TRL), which would be a versatile regulatory strategy that can ensure compliance with local business standards, reduce youth access to tobacco, and limit the negative public health effects associated with tobacco use. A strong ordinance includes, at a minimum, four foundational components: L. A requirement that alltobacco retailers obtain a license and renew it annually; 2. An annual licensing fee to fund administration and enforcemen! 3. Meaningful penalties for violators through fines and penalties, including possible suspension and revocation of the license; and 4. A provision stating that any violation of existing local, state, or federal tobacco laws constitutes a violation of the TRL, It is the intent of the City, in enacting this ordinance, to ensure compliance with the business standards and practices of the City and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. This ordinance is consistent with the City's General Plan's Community Health and Wellness Goal 6,"Reduce the harmful impacts of alcohol, tobacco, and drug use on individuals, their families, and the larger community." General Plan Action CHW 6b includes consideration to "review and revise, as necessary, the Sebastopol Municipal Code to regulate the sale and distribution of "e-cigarettes" in the same manner as traditional cigarettes and other tobacco products." On a parallel path, City staff submitted a grant application to the California Department of Justice for potential funding for qualifying enforcement purposes. ln accordance with the State Budget Act and the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Act), as added by Proposition 56, the California Department of Justice ("Department") intends to distribute 528.5 million in FY 2020-21' to eligible local law enforcement agencies for qualifying tobacco enforcement purposes. Any local government or local government agency within the State of California that has authority to enforce tobacco-related state laws or local ordinances is eligible to receive funds. Grant funds may be used to support and hire law enforcement officers for programs that include, but are not limited to, enforcement of state and local laws related to the illegal sales and marketing of tobacco, including e- cigarettes, to minors. Grant funds will be awarded on a competitive basis in accordance with the Depa rtment's funding priorities. Grantees may use grant funds to enforce a local ordinance or state law related to the illegal sale and marketing of tobacco products, including e-cigarettes, to minors and youth including, but not limited to a Retailer compliance checks a Retailer training programs a Public education outreach a Parent engagement and education a Tobacco retail license inspections a Preventing and deterring use of tobacco products on school premises a Hiring a school resource officer to focus on tobacco issues Agenda ltem Number 77 City Council Meeting Packet of September 7, 2O2O Page 2 of 4O Agenda ltem Number 77 lf selected, the Police Department will return to the City Council for approval of a Resolution authorizing the City to enter into a contract with the State and identifying the person authorized to execute the contract for the City. Adoption of the ordinance creates a local licensing system for tobacco retailers which is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City to protect the health, safety, and welfare of our residents. PUBLIC COMMENT: City staff provided notices to tobacco retailers of the proposed agenda item. Public comments received as of the writing of this staff report have been distributed to the City Council and staff are attached to this report. Previous comments submitted for the original public hearing date of August 4,2020have been distributed to the City Council. Any further public comments will be submitted to the City Council and will be made part of the public record. PUBLIC NOTICE: This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. A newspaper notice was published in Sonoma West Times and News and Press Democrat to meet Public Noticing Requirements as required by State Law. FISCAL IMPACT: There is no direct fiscal impact associated with the recommended action tonight. However, an annual licensing fee will need to be decided by the City Council and approved by Resolution after approval of ordinance. RECOMMENDATION: lt is recommended that the City Council Approve for Waiving of First Reading and lntroduction of Ordinance: Tobacco Retail License Ordinance to Regulate the Sale and Distribution of Tobacco Products to Protect Minors of the City of Sebastopol. Attachments: Ordinance Radius Map Tobacco Retail License Recommendations For the City of Sebastopol (updated) Agenda ltem Number 77 City Council Meeting Packet of September 7, 2O2O Page 3 of 4O Sebastopol 4 O5 ; ..r'.",' I Laguna s"no -: Yodh Palk'. --._j f,l o I soo'r 1 000' 6 a7 Counly o Tobar o Soil ct o Tobar (J de 8 E I 'ert Ln a .l Joe Rodot€ .€ I*11' I i9 N st_.._ t) viola -Brookside 4$- 14 ^to>^o\q,;' \o: .- K -12 Publ Ave ,,i' Tm*chi school I b Ubby H P*k i sid ! 15 o o z Tobacco Re 4 M. ited Rd s PACIFIC ROTTEN 10 11 l_ 12 RITE AIt 13 MA Ln Hutchins Ave L4 jz:ElEtE ? i""--*15-.-- )illow Rd i _!-6,_" l3-rF'98! i lZ-_ -l-L_u,c-S{l 1a iFtRcREs Ave l--------.-.--!- ---.- --- ,i:' i I 19 SEBAST( 18 FircrestAveO *fobacco Retaik BelleViewAve ct *"lnvalid Siate ]i As oI 12191201 € Rd one Rd .) Witter Rd A Agenda ltem Number 77 CITY OF SEBASTOPOL ORDINANCE NO. Sections: EXPIRATION 8.06.010 TITLE 8.06.120 LICENSES NONTRANSFERABLE 8.06.020 FINDINGS AND PURPOSE 8.06.130 LICENSE CONVEYS A LIMITED, PRIVILEGE 8.06.030 DEFINITIONS CONDITIONAL 8.06.040 GENERAL REQUIREMENTS AND 8.06.140 FEE FOR LICENSE PROHIBITIONS 8.06.1s0 COMPLIANCE MONITORING 8.06.050 8.06.160 SUSPENSION OR REVOCATION OF LICENSE 8.06.170 TOBACCO RETAILING WITHOUT A 8.06.060 TOBACCO PRODUCT PRICING AND VALID LICENSE PACKAGING. 8.06.180 ADDITIONAL REMEDIES 8.06.070 LIMITS ON ELIGIBILITY FOR A 8.06.190 EXCEPTIONS TOBACCO RETAIER LICENSE 8.06.200 OTHER LAWS 8.06.080 APPLICATION PROCEDURE 8.06.210 CONSTRUCTION & SEVERABILITY 8.06.090 LICENSE ISSUANCE OR DENIAL 8.06.220 PUBLIC RECORDS 8.06.110 LICENSE RENEWAL AND 8.06.010 TITLE This ordinance shall be known as the "Tobacco Retail License Ordinance to Regulate the Sale and Distribution of Tobacco Products to Protect Minors of the City of Sebastopol" 8.06.020 FINDINGS AND PURPOSE The City of Sebastopol (the City) hereby finds that: WHEREAS, a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City to protect the health,