The City Council of the City of Santa Barbara is reliably informed that:
A. 
State law prohibits the sale or furnishing of cigarettes, tobacco products and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors.
B. 
State law requires tobacco retailers to check the identification of tobacco purchasers who reasonably appear to be under 18 years of age and provides procedures for onsite sting inspections of tobacco retailers using persons under 18 years of age.
C. 
The results of the 2000 California Youth Tobacco Purchase Survey demonstrate that 12.8% of retailers surveyed sold tobacco product to minors, however, the most recent local youth purchase survey showed youth buy rates of 38%.
D. 
The California courts in such cases as Cohen v. City Council, 40 Cal.3d 277 (1985), and Bravo Vending v. City of Rancho Mirage, 16 Cal.App.4th 383 (1993), have affirmed the power of cities to regulate business activity in order to discourage violations of state law.
E. 
The City has the power to regulate the operation of lawful businesses to avoid circumstances that facilitate violations of the state, federal, and local laws.
(Ord. 5260, 2002)
It is the intent of the City Council, in enacting this chapter, to discourage violations of laws which prohibit or discourage sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by state or federal law are criminally proscribed.
(Ord. 5260, 2002)
The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:
Licensing Agent.
The City of Santa Barbara Business License Office.
Health Officer.
The County Health Officer or his/her duly authorized designee.
Person.
Any natural person, partnership, cooperative association, private or public corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
Police Chief.
The Chief of Police for the City of Santa Barbara or his/her duly authorized designee.
Tobacco Product.
Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, smokeless tobacco, chewing tobacco, dipping tobacco, or any other preparation of tobacco, including Indian cigarettes called "bidis" which may be used for smoking, chewing, inhalation or other manner of ingestion.
Tobacco Retailer.
Any person who sells, offers for sale, or offers to exchange for any form of consideration, tobacco, or tobacco products; "tobacco retailing" shall mean the doing of any of these things.
Tobacco Retailer License.
A license that permits the retail sale of tobacco products.
(Ord. 5260, 2002)
A. 
It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer license pursuant to this chapter for each location at which that activity is to occur.
B. 
No tobacco retailer license may be issued to authorize tobacco retailing at a location other than a fixed location.
C. 
Tobacco retailer licenses are valid for one year and each tobacco retailer shall apply for renewal of the tobacco retailer license prior to its expiration.
D. 
The receipt of a tobacco retailer license does not exempt any business that is subject to the smoke-free work place provisions within the Santa Barbara Municipal Code and Labor Code Section 6404.5.
(Ord. 5260, 2002)
A. 
A completed application and a copy of the completed application for a tobacco retailer license shall be submitted to the Licensing Agent in the name of the person proposing to conduct retail tobacco sales and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the Licensing Agent and shall contain the following information:
1. 
The name, address, and telephone number of the applicant;
2. 
The business name, address, and telephone number of each location for which a tobacco retailer license is sought; and
3. 
Such other information as the Police Chief deems necessary for enforcement of this chapter.
(Ord. 5260, 2002)
A. 
Within 30 days of the Licensing Agent's receipt of an application for a tobacco retailer license, the Licensing Agent shall issue a tobacco retailer license, unless it has been determined by the Licensing Agent that the issuance of the tobacco retail license should be denied, based on the following criteria:
1. 
The application is incomplete or inaccurate; or
2. 
The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect pursuant to Section 9.21.100 of this chapter.
B. 
A denial of a license may be appealed pursuant to Section 9.21.100.
C. 
The Licensing Agent shall keep a permanent record of all tobacco retail licenses issued, but may destroy such records as provided by law with the approval of the City Council.
(Ord. 5260, 2002)
Each tobacco retailer licensee shall prominently display the tobacco retailer license at each location where tobacco retailing occurs.
(Ord. 5260, 2002)
A. 
The fee for a tobacco retailer license shall be established by resolution of the City Council and shall be calculated so as to no more than recover the cost of the tobacco retailer license program. The fee for a tobacco retailer license shall be paid to the Licensing Agent.
B. 
A tobacco retailer license shall be valid for a term of one year, commencing on January 1 and ending on December 31 of each year. If a tobacco retailer license is issued after January 1, the fee shall be prorated on a quarterly basis accordingly.
(Ord. 5260, 2002)
A. 
A tobacco retailer license is nontransferable.
B. 
In the event a person to whom a tobacco retailer license has been issued changes business location or sells the business referenced in that person's tobacco retailer license, that person must apply for a new tobacco retailer license prior to acting as a tobacco retailer at the new location. The transferee of the tobacco retailer license must apply for a tobacco retailer license in the transferee's name before acting as a tobacco retailer.
(Ord. 5260, 2002)
A. 
Grounds for suspension.
1. 
A tobacco retailer license shall be suspended if the tobacco retailer licensee or his or her agent or employee has violated any state or local law governing the sale, advertisement or display of tobacco products, including, but not limited to,: Penal Code Section 308a, or Business and Professions Code Sections 22950 et. seq. (Stop Tobacco Access to Kids Enforcement Act "STAKE Act") or 22962, or Business and Professions Code 25612.5 (c)(7) based on information provided by the Police Department, Health Officer, or any other governmental agencies.
2. 
The Police Chief shall provide notice of suspension to a tobacco retailer licensee by personal service or by certified mail, return receipt requested, addressed to the business where the tobacco retailer license was issued. The suspension shall be effective when notice is personally served or when the certified mail return receipt is returned.
B. 
Suspension of license. If the Police Chief determines that there are grounds for suspension of a license, based upon information provided by the Health Officer, the Police Department, or any other governmental agencies, the following sanctions shall be imposed:
1. 
Upon a first finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer licensee shall receive a letter of warning.
2. 
Upon the second finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer license shall be suspended for 30 days.
3. 
Upon the third finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer license shall be suspended for 90 days.
4. 
Upon a fourth or subsequent finding of a violation of any state or local law governing the sale, advertisement or display of tobacco products, by a tobacco retailer licensee or by any agent or employee of a tobacco retailer licensee within any two year period, the tobacco retailer license shall be suspended for 12 months.
C. 
Reinstatement of tobacco retailer license. Upon the end of a suspension period and so long as there are no outstanding violations, the Licensing Agent may reinstate a tobacco retailer license.
D. 
Appeal of denial or suspension.
1. 
A tobacco retailer licensee may appeal a denial or suspension of a tobacco retailer license to the Board of Fire and Police Commissioners. All appeals shall be conducted in accordance with the procedures, where applicable, set forth in Sections 1.25.090, 1.25.100, and 1.25.110 of this code.
2. 
The tobacco retailer licensee may seek judicial review of the decision of the Board of Fire and Police Commissioners in accordance with Code of Civil Procedure Sections 1094.5 and 1094.6.
(Ord. 5260, 2002)
A. 
Any violation of the provisions of this chapter by any person may be either an infraction or a misdemeanor. Any violation of the provisions of this chapter by any person is also subject to administrative fines as provided in Chapter 1.25.
B. 
If the Police Chief finds, based on substantial record evidence that any unlicensed person has engaged in tobacco retailing activities in violation of Section 9.21.040 of this chapter, the City shall fine that person as follows:
Each day that an unlicensed person offers tobacco, tobacco products, or tobacco for sale or exchange shall constitute a separate violation and that person is subject to assessed fines in accordance with Chapter 1.25 of this code.
C. 
Violations of this chapter are hereby declared to be public nuisances.
D. 
In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 5260, 2002)
Any person who is selling tobacco products as of the effective date of this chapter shall obtain a tobacco retailer license within 30 days of the effective date of this chapter.
(Ord. 5260, 2002)