Chapter 8.07
TOBACCO RETAILER PERMIT
Sections:
8.07.010 Requirement for a permit.
8.07.020 Application procedure.
8.07.030 Display of permit.
8.07.040 Fees for permit.
8.07.050 Permit is nontransferable.
8.07.060 Suspension and revocation of permit.
8.07.070 Administrative fine.
8.07.010 Requirement for a permit.
It is unlawful for any retailer, individual or entity to sell or offer for sale any tobacco products without first obtaining and maintaining a valid tobacco retailer’s permit from the City for each location where such sales are conducted. Permits are valid for five years and shall be renewed every five years. The San Mateo County Health Services Agency is designated as the City’s agent for issuance of the permit and for other actions authorized in this chapter. (Ord. 1253 § 1 (part), 1998)
8.07.020 Application procedure.
Application for a tobacco retailer’s permit shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales on the business premises and shall be signed by such person or an authorized agent thereof. All applications shall be submitted on a form supplied by the San Mateo County Health Services Agency and contain the following information:
A. The name, address and telephone number of the applicant;
B. The business name, address and telephone number of each establishment where tobacco is retailed; and
C. Such other information as the Director of the Health Services Agency or designee determines as necessary to implement the ordinance. (Ord. 1253 § 1 (part), 1998)
8.07.030 Display of permit.
Upon receipt of an application for a tobacco retailer’s permit, the Director or designee shall issue a permit which must be prominently displayed at the location where tobacco retail sales are conducted. (Ord. 1253 § 1 (part), 1998)
8.07.040 Fees for permit.
The fee for a tobacco retailer’s permit shall not exceed the cost of processing the permit and shall be contained in the City’s fee schedule. (Ord. 1253 § 1 (part), 1998)
8.07.050 Permit is nontransferable.
The tobacco retailer’s permit is nontransferable to a new person or entity or to a new location. In the event of a desired transfer, a new tobacco retail permit will be required. The permit will be issued for the new address or person or entity upon receipt of an application for transfer. The permit will retain the same expiration date as the previous one. A new fee for application shall be paid. (Ord. 1253 § 1 (part), 1998)
8.07.060 Suspension and revocation of permit.
A. Grounds for Suspension. A tobacco retailer’s permit may be suspended, as set forth in subsection B of this section, by the Director of Health Services or designee upon a find-
ing, after notice and opportunity to be heard, that:
1. The permittee or his or her employee sells, gives, or in any way furnishes to a person who is under the age of 18 years any tobacco, cigarette or cigarette papers, or any other preparation of tobacco or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or products prepared from tobacco; and
2. The evidence used to make the finding in subdivision 1 of this subsection was obtained in compliance with the Business and Professions Code Section 22952 and any regulation promulgated thereunder.
B. Time Period of Suspension of Permit.
1. For the first time that the Health Director or designee makes the findings set forth in subsections (A)(1) and (2) of this section the permit to sell tobacco products shall be suspended for up to thirty days. However, prior to imposing the suspension, the Director of Health Services or designee shall by letter advise the permittee that if permittee trains all sales employees at the location of the sale in the laws pertaining to the sale of tobacco products to minors and techniques to ensure future compliance with such laws the suspension will not go into effect. Permittee must file with the Director of Health Services, within thirty days of the issuance of the letter advising permittee of this, an affidavit signed by permittee and the sales employees that such training has been completed. If permittee fails to timely submit the affidavit, director of Health Services or designee shall notify permittee that the permit is suspended for up to thirty days.
2. For the second time within twelve months of the first determination that the Health Director or designee makes the findings set forth in subsections (A)(1) and (2) of this section, the permit to sell tobacco products shall be suspended for up to ninety days.
3. For the third and each subsequent time within twelve months of the prior determination that the Health Director or designee makes the findings set forth in subsections (A)(1) and (2) of this section, the permit to sell tobacco shall be suspended for up to one year.
C. Appeal of Suspension. The decision of the Director of Health Services or designee may be appealed to the City Council within ten days of the Director’s or designee’s decision by filing a written appeal with the City Clerk at City Hall and shall be heard at a public hearing. Notice shall be provided to a permittee of the hearing. (Ord. 1253 § 1 (part), 1998)
8.07.070 Administrative fine.
A. Grounds for Fine. Any retailer, individual or entity who is the owner of a retail establishment is subject to the following administrative fine if the Director of Health Services or designee finds that such person or entity (1) does not have a valid tobacco retailer’s permit and (2) offers for sale any tobacco, cigarette or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco or products prepared from tobacco:
1. A fine not exceeding one hundred dollars for a first violation;
2. A line not exceeding two hundred dollars for a second violation;
3. A fine not exceeding five hundred dollars for the third and subsequent violation.
Each day that tobacco products are offered for sale without a permit shall constitute a separate violation. A finding of “offering for sale” will be made if these tobacco products are actually sold and/or displayed in the retail establishment.
B. Fine Procedures. Notice of the fine shall be served on the retailer, individual or entity who is owner of the establishment by certified mail. The notice shall contain an advisement of the right to request a hearing before the Director of Health Services or designee contesting the imposition of the fine. Such hearing must be requested within ten days of the date of the notice of the fine by filing a letter with the Director.
C. Failure to Pay Fine. If the fine is not paid within thirty days from the date of mailing the notice of the fine or of the notice of determination of the Health Director or designee after hearing, the fine may be referred for collection. (Ord. 1253 § 1 (part), 1998)