This article is adopted pursuant to the city's police powers
for the purpose of promoting compliance with federal, state, and local
laws that regulate the sale and use of tobacco products and paraphernalia.
Nothing in this article is intended to, nor does it, duplicate or
conflict with applicable local, state, or federal laws.
(Ord. 929-03 § 1)
Unless the contrary is stated or clearly appears from the context,
the following definitions govern the construction of the words and
phrases used in this chapter:
means the Lawndale municipal services department;
means the director of municipal services;
means any natural person or legal entity;
means a person with an ownership or managerial interest in
a business. An ownership interest is deemed to exist when a person
has a ten percent or greater interest in the stock, assets, or income
of a business other than the sole interest of security for debt. A
managerial interest is deemed to exist when a person can or does have,
or can or does share, ultimate control over the day-to-day operations
of a business;
means any substance containing tobacco leaf, including, without
limitation, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco,
dipping tobacco, bidis, or any other preparation of tobacco;
means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other
item designed for smoking or ingestion of tobacco products;
means any person that operates a store, stand, concession,
or other place at which sales, or other exchanges for value, of tobacco
products are made to purchasers for consumption or use.
(Ord. 929-03 § 1)
A.
It is
unlawful for any person to act as a tobacco retailer without a valid
license issued pursuant to this chapter for each location at which
activity is proposed to occur.
B.
It is
unlawful for any person to act as a tobacco retailer from other than
a fixed location within the city's jurisdiction.
C.
It is
unlawful for any person to cause, permit, aid, abet, or conceal a
violation of any provision of this chapter.
(Ord. 929-03 § 1)
The director and department are authorized to administer and
enforce this chapter.
(Ord. 929-03 § 1)
A.
Where
the provisions of this chapter require that an applicant/licensee
be served with notice, such notice is deemed served when personally
delivered to such applicant/licensee or when deposited in the first
class U.S. mail, addressed to such applicant/licensee at the applicant/licensee's
last known address.
B.
Unless
otherwise provided, written notification to a applicant/licensee of
a license decision will state with particularity the basis for such
decision.
(Ord. 929-03 § 1)
A.
Permit
applications must be filed by a natural person in the name of each
proprietor proposing to conduct retail tobacco sales.
B.
Every
application must be signed by the proprietor, or the proprietor's
authorized representative, under penalty of perjury.
C.
Permit
applications will be in a form prescribed by the director and contain
all of the following information:
1.
The
name, mailing address, and daytime and evening telephone numbers of
the person filing the application;
2.
The
business name, address, and telephone number of the single fixed location
for which a license is sought;
3.
The
name and mailing address authorized by each proprietor to receive
all notices. If such an address is not supplied, notices will be sent
to the business address;
4.
Whether
or not the proprietor was previously issued a license under this chapter
that was suspended or revoked and, if so, the dates of the suspension
period or revocation date; and
5.
Such
other information as the department deems reasonably necessary for
administering or enforcing this chapter.
(Ord. 929-03 § 1)
(Ord. 929-03 § 1)
A license can be denied for the following reasons:
A.
The
application is incomplete;
B.
The
applicant failed to provide reasonable supplemental application information
requested by the director;
C.
Information
submitted by the applicant is materially false;
D.
The
application is submitted by a proprietor with a suspended license
or whose license was revoked; or
E.
The
application seeks authorization for tobacco retailing that is prohibited
by this code or unlawful under any other local, state, or federal
law.
(Ord. 929-03 § 1)
Tobacco retailer licensees must:
A.
Comply
with all local, state, and federal laws regulating tobacco products
and tobacco paraphernalia including, without limitation, this code;
B.
Maintain
a valid business license issued pursuant to this code;
C.
Allow
authorized enforcement officers to enter onto licensed premises to
ensure compliance with this chapter during business hours.
(Ord. 929-03 § 1)
Each license issued by this chapter must be prominently displayed
in a publicly visible location at the licensed tobacco retailer's
location.
(Ord. 929-03 § 1)
Unless suspended or revoked, licenses issued pursuant to this
chapter have a term of one year. Licenses must be renewed not later
than thirty days before they expire in order to be maintained. Should
a license expire, the proprietor must comply with this chapter to
obtain a new license.
(Ord. 929-03 § 1)
Nothing in this chapter is intended to, nor does it, grant to
a properly licensed tobacco retailer privileges other than permission
to operate as a tobacco retailer at the location identified in the
license.
(Ord. 929-03 § 1)
A license issued to a tobacco retailer pursuant to this chapter
is nontransferable. Any change in business name or location requires
a new license issued in accord with this chapter.
(Ord. 929-03 § 1)
A.
Violations
of this chapter or any condition of a tobacco retailer's license issued
pursuant to this chapter shall constitute a public nuisance. Such
violations may be enforced as follows:
2.
Abated as a public nuisance in compliance with the procedures set forth in Chapter 8.24 of this code. The costs of the abatement shall be assessed against the owner of the property who shall be responsible for all actual and reasonable costs incurred by the city, including attorneys' fees. In the event a nuisance abatement assessment is challenged in a court of competent jurisdiction, the prevailing party shall be entitled to attorneys' fees in connection with the litigation.
3.
Enjoined
as unfair business practices that are presumed to nominally damage
each and every resident of the community in which the tobacco retailer
operates.
B.
Any
person acting for the interests of itself, its members, or the general
public may bring an action for injunctive relief to prevent future
violations or to recover actual damages.
C.
The
remedies provided by this chapter are cumulative and in addition to
any other criminal or civil remedies.
(Ord. 929-03 § 1; Ord. 1020-09 § 4)
In addition to any other general functions, powers, and duties
given to the city attorney by this code or California law, the city
attorney is authorized to:
A.
Prosecute
on behalf of the people all criminal and civil cases for violations
of this chapter including, without limitation, administrative or judicial
nuisance abatement and suits for injunctive relief;
B.
Prosecute
all actions for the recovery of fines, penalties, forfeitures, and
other money accruing to the city under this chapter.
(Ord. 929-03 § 1)
Upon determining that a person is violating this chapter, the
director must serve a notice of violation on the apparent violator.
The notice must state the basis of such violations and provide information
regarding appeals rights.
(Ord. 929-03 § 1)
The judgment of any court of competent jurisdiction, or the
admission of a tobacco retailer licensee in any civil or criminal
action against a tobacco retailer licensee, whether the city is a
party or not, that the tobacco retailer has violated any tobacco-related
local, state, or federal law is conclusive of that fact for purposes
of enforcing this chapter.
(Ord. 929-03 § 1)
In addition to any other enforcement remedy, the director may
fine a tobacco retailer for violating this chapter as follows:
A.
A fine
not exceeding one hundred dollars for a first violation in any twelve-month
period;
B.
A fine
not exceeding two hundred dollars for a second violation in any twelve-month
period; or
C.
A fine
not exceeding five hundred dollars for a third or subsequent violation
in any twelve-month period.
(Ord. 929-03 § 1)
An administrative fine must be paid to the city within thirty
days from the date of the notice of violation or, if an appeal is
made, within fifteen days after the date of the city manager's notice
of the decision to uphold the imposition of administrative fines,
whichever is later.
(Ord. 929-03 § 1)
A.
A penalty
of ten percent is added on any delinquent fines on the last day of
each month after the due date. The penalty will not exceed fifty percent
of the fine.
B.
In addition
to penalties provided by this section, delinquent fines accrue interest
at the rate of one percent per month, exclusive of penalties, from
the due date.
(Ord. 929-03 § 1)
All fines, fees, penalties, and interest imposed pursuant to
this chapter are civil debts owed to the city by the person fined.
In the event that judicial action is necessary to compel payment of
any debt owed to the city, the person or persons subject to the fine
are also liable for the costs of suit and attorneys' fees incurred
by the city to collect the fine.
(Ord. 929-03 § 1)
In addition to any other penalty authorized by law, the director
may suspend or revoke a tobacco retailer's license for the following
reasons:
A.
Upon
learning or discovering facts that require license denial under this
chapter that were not previously disclosed or reasonably discoverable;
or
B.
If the
licensee violates the tobacco retailer license conditions.
(Ord. 929-03 § 1)
A.
After
serving a notice of violation, the director may suspend a tobacco
retailer's license as follows:
1.
Upon
finding a first license violation within any sixty-month period, a
thirty day suspension;
2.
Upon
finding a second license violation within any sixty-month period,
a ninety day suspension;
3.
Upon
finding a third license violation within any sixty month period, a
one year suspension;
4.
Upon
finding a fourth license violation within any sixty-month period,
revocation.
B.
Nothing
in this section is intended to limit the director's ability to impose
a different suspension period or to revoke a license as the circumstances
of a violation may require.
(Ord. 929-03 § 1)
Should a tobacco retailer's license be revoked, the proprietor
is presumptively disqualified to apply for a new license in accordance
with this chapter. This presumption may be overcome upon a showing
of good cause as to why a license should be issued following a revocation.
Any such showing must be made to the director's satisfaction or, if
the director denies a license, to the city manager as prescribed by
this chapter.
(Ord. 929-03 § 1)
An applicant is entitled to appeal the director's decisions
to the city manager provided:
A.
A request
for review must be commenced within ten days from the date on which
written notice of the director's decision is served on the applicant/licensee.
If request is untimely, the city manager may, nevertheless, extend
the time for commencing such review for good cause shown.
B.
A request
for appeal must be on a form provided by the department and contain
the following information:
1.
The
name, address and telephone number of the person making the request;
2.
A
description of the decision, determination or order which is the subject
of the review, and the date such decision, determination or order
was made or issued;
3.
A
brief description of all grounds for making the request; and
4.
Such
other information as may be required by the department.
C.
Upon
receiving an appeal, the city manager will review the request and,
within ten days of receiving the appeal, provide the appellant with
a written notification that:
D.
The
city manager may, but is not required to, conduct a hearing at a time,
place, and manner determined in the city manager's sole discretion.
Should such a hearing be held, the city manager may issue a decision
orally at the conclusion of the hearing, but also notify the applicant
and the director in writing of the city manager's decision.
E.
The
city manager's decision is a final determination. There is no right
of city council appeal.
(Ord. 929-03 § 1)
Any notification of action, whether oral or written, must describe
with particularity the facts and the reasons for the decision.
(Ord. 929-03 § 1)
A.
An applicant/licensee
may appeal the city manager's decision by filing an appeal with the
Superior Court pursuant to Government Code Section 53069.4, or any
successor statute, within twenty days from service of the city manager's
decision.
B.
Should
a licensee file a timely appeal with the Superior Court, any requirement
to pay an administrative fine is suspended and the payment of the
fine, if any, will be in accordance with the Superior Court decision.
(Ord. 929-03 § 1)
