This chapter is enacted pursuant to the powers invested in the city council by Section 7 of Article IX of the California Constitution to make and enforce regulations not in conflict with the general laws of the state of California.
(Ord. 835 § 2, 2023)
It is the purpose of this chapter to protect the health, safety and welfare of the adults and children of the city of Crescent City through strong and effective regulatory controls on the sale and advertisement of tobacco products. The city's philosophy is to obtain compliance through education and voluntary corrective action. Administrative citations and license suspensions are a tool of last resort when voluntary corrective action is not enough to achieve compliance.
(Ord. 835 § 2, 2023)
"CDTFA"
means the California Department of Tax and Fee Administration.
"City"
means the city of Crescent City, California.
"Person"
means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business, trust, receiver, assignee for the benefit of creditors, trustee, trustee in bankruptcy, or syndicate.
"Pharmacy"
means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the state of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
"Tobacco product(s)"
means a tobacco product as defined in Section 104495 of the California Health and Safety Code, as that provision may be amended from time to time.
"Tobacco retailer"
means a person who engages in the sale of tobacco products directly to the public from a retail location within the corporate limits of the city. "Tobacco retailer" includes a person who operates vending machines from which tobacco products are sold.
"Tobacco retail license"
means a license to sell tobacco products issued by the city of Crescent City pursuant to this chapter.
(Ord. 835 § 2, 2023)
A. 
License Requirement. Effective January 1, 2024, every person acting as a tobacco retailer, advertising tobacco products, or maintaining tobacco products in public view, is required to obtain and maintain a valid tobacco retail license for each location at which any of the above activities is to occur.
B. 
Eligible Applicants.
1. 
Only tobacco retailers in business as of September 5, 2023 are eligible to apply for a tobacco retail license until such time as there are less than two active tobacco retail licenses for every two thousand five hundred city residents ("TRL limit"). For purposes of this section, the city population will be determined by the most recent decennial Census published by the U.S. Census Bureau minus the number of inmates identified in the concurrent monthly CDCR Inmate Population Report for Pelican Bay State Prison.
2. 
Once the TRL limit is reached, no new tobacco retail license may issue until the number of active licenses is less than the TRL limit. Applications will be processed in the order that they are received. Applications will be valid for one year from the date of submission.
3. 
If a conditional use permit is required per Title 17 of this code, then the CUP must be approved prior to the issuance of a TRL.
C. 
License Transfers. A tobacco retail license is not transferable between locations or businesses but may be transferred to the new owner(s) of a business with a valid tobacco retail license but only for the same retail location.
D. 
Pharmacies Not Eligible. A tobacco retail license may not issue to a person for any business location that contains a pharmacy.
E. 
Required Licenses. A tobacco retailer must possess and maintain a valid city business license and a valid CDTFA tobacco license at all times.
F. 
Application Requirements. A tobacco retail license is a conditional, revocable permit issued ministerially that will be issued to any tobacco retailer that is eligible to apply and:
1. 
Submits an application on the form provided by the city. The application must include, at a minimum, the following information and documentation:
a. 
The name and location of the tobacco retailer.
b. 
The name and address of the owner of the tobacco retailer.
c. 
A copy of the tobacco retailer's city business license.
d. 
A copy of the tobacco retailer's CDTFA tobacco license.
e. 
A statement that the applicant consents to entry into all areas of the retail premises for the purposes of inspection of enforcement by local or state officials or for the purpose of inspection and enforcement during all hours of operation, without advance notice.
f. 
A statement certifying that the tobacco retailer has not been cited for a violation of any state or federal law, or any provision of the Crescent City Municipal Code, within the preceding sixty-day period preceding the filing of the application.
g. 
A statement that the tobacco retailer must notify the city of any changes in the ownership of the tobacco retailer or risk losing its TRL.
2. 
Pays any outstanding fees, taxes, or penalties owed to the city of Crescent City.
3. 
There shall be no application fee or annual renewal license fee.
G. 
Display of License. The tobacco retail license must be prominently displayed in a publicly visible location at the location of the tobacco retailer.
H. 
Term of License. A tobacco retail license is valid until revoked, relinquished or transferred to a new owner.
I. 
Violations. Violation of any provision of this chapter, or any state or federal law related to the marketing, sale, or distribution of tobacco products may result in the issuance of an administrative citation pursuant to Chapter 1.24 of Title 1 of this code. If a tobacco retailer is cited by another agency (state, county or federal) for violating a state or federal law, the tobacco retailer will not be cited by the city for the same violation. However, the city may monitor the tobacco retailer's corrective action and compliance efforts. Furthermore, the city may issue an administrative citation if the violation continues or reoccurs. For violations that have not been cited by another agency, the city will work with the tobacco retailer to gain compliance through voluntary corrective action prior to issuing administrative citations.
J. 
Suspensions and Revocations. A tobacco retail license will be automatically suspended for sixty days upon the issuance of an administrative citation as described in subsection I, after the appeal period has passed; if an appeal is filed, the suspension will be stayed pending final decision on the appeal of the citation. A tobacco retail license will likewise by suspended for ninety days for a second violation within five years of the first violation and for one hundred twenty days for a third violation within five years of the first violation. Upon a fourth violation within five years of the first violation, the tobacco retail license will be revoked and the tobacco retailer will not be eligible to apply for a new tobacco retail license for a period of five years from the date of the last violation. A tobacco retailer who has had their license revoked will have to apply as a new business subject to the TRL limit.
(Ord. 835 § 2, 2023)
A. 
No person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of tobacco products on an advertising display sign in a publicly visible location within five hundred feet of the perimeter of an elementary or secondary school, high school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), child daycare facility as defined in Health and Safety Code Section 1596.750, public community center or public library.
B. 
No person may place or maintain, or cause or allow to be placed or maintained, in any manner, any advertising or promotion of tobacco products or any display containing tobacco products within five feet of toy, candy, snack or non-alcoholic beverage displays. This advertising restriction does not apply to tobacco retailers that restrict access to the premises to persons of twenty-one years of age or older.
(Ord. 835 § 2, 2023)