Chapter 8.07
TOBACCO RETAILER PERMITS

Sections:

8.07.010    Requirement for a permit.

8.07.020    Application, issuance and renewal procedure.

8.07.030    Display of permit.

8.07.040    Fees for permit.

8.07.050    Permit is nontransferable.

8.07.060    Enforcement of applicable law.

8.07.070    Suspension of permit.

8.07.080    Administrative fine.

8.07.010 Requirement for a permit.

It shall be unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products within the City of San Carlos without first obtaining and maintaining a valid tobacco retailer’s permit from San Mateo County (hereinafter “the County”) for each location where such sales are conducted. Permits are valid for one year and shall be renewed annually. (Ord. 1401 § 1 (part), 2008)

8.07.020 Application, issuance and renewal procedure.

A.    Application for a tobacco retailer’s permit shall be submitted in the name of the entity or person proposing to conduct retail tobacco sales and shall be signed by such person or authorized agent thereof. All applications shall be submitted on a form supplied by the County’s Environmental Health Division of the Department of Health (hereinafter referred to in this chapter as “the Environmental Health Division”) and 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 where tobacco is retailed; and

3.    Such other information as the Director of the Environmental Health Division (hereinafter “the Director”) or his or her designee determines is necessary for implementation of this chapter.

B.    Applicants for renewal must follow the application procedures set forth in subsection A of this section. A renewal for a tobacco retailer’s permit will be denied if the application is for a person or location for which a suspension is in effect and/or if there are any outstanding fines issued to the permittee by the County Environmental Health Division. (Ord. 1401 § 1 (part), 2008)

8.07.030 Display of permit.

Upon receipt of an application for a tobacco retailer’s permit, the Director or his or her designee shall issue a permit which must be prominently displayed at each location where tobacco retail sales are conducted. (Ord. 1401 § 1 (part), 2008)

8.07.040 Fees for permit.

The fee for a tobacco retailer’s permit shall reflect the County’s costs of processing the permit and regulating compliance with this chapter and shall be contained in the County’s regulations. (Ord. 1401 § 1 (part), 2008)

8.07.050 Permit is nontransferable.

Tobacco retailer’s permits are nontransferable between entities, retailers, individuals, locations or otherwise. (Ord. 1401 § 1 (part), 2008)

8.07.060 Enforcement of applicable law.

If an agent or employee of the tobacco retailer violates any provision of this chapter or any federal or state tobacco-related law, the tobacco retailer shall immediately report the violation to the Environmental Health Division. The Director is hereby authorized to enforce this chapter within the City of San Carlos in accordance with the provisions of this chapter, and the County’s Licensing Board is authorized to hear appeals in accordance with the provisions herein. The Environmental Health Division is authorized to collect and expend fines in accordance with this chapter. (Ord. 1401 § 1 (part), 2008)

8.07.070 Suspension 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 or his or her designee upon a finding, after notice and opportunity to be heard, that either of the following occurred:

1.    After the permit was issued, it was determined that the application for the permit is incomplete or inaccurate.

2.    The permittee or his or her agent has violated any provision of this chapter or any federal or state tobacco-related law.

B.    Time Period of Suspension of Permit.

1.    Upon the first time that the Director or his or her designee makes the finding that either subsection (A)(1) or (A)(2) of this section has occurred, the permit to sell tobacco products shall be suspended for up to thirty days.

2.    Upon the second time that the Director or his or her designee makes the finding set forth in subsection (A)(1) or (A)(2) of this section within twenty-four months of the first determination, the permit to sell tobacco products shall be suspended for no less than thirty days and up to ninety days.

3.    Upon the third and each subsequent time that the Director or his or her designee makes the finding set forth in subsection (A)(1) or (A)(2) of this section within twenty-four months of a prior determination, the permit to sell tobacco products shall be suspended for no less than ninety days and up to one year.

C.    Effective Date of Suspension.

1.    If the Director or his or her designee makes oral findings and issues an order of suspension at the hearing, the suspension will be effective ten days from the date of the hearing, unless a timely appeal is filed in accordance with subsection D of this section.

2.    If the Director or his or her designee makes written findings and issues an order of suspension by certified mail after the hearing, the suspension will be effective fifteen days from the date appearing on the notice of that finding and order of suspension, unless a timely appeal is filed in accordance with subsection D of this section.

D.    Appeal of Suspension.

1.    The decision of the Director or his or her designee is appealable to the County’s Licensing Board.

2.    An appeal must be in writing, be addressed to the Director and be hand-delivered to the offices of the Environmental Health Division.

3.    An appeal must be received by the Environmental Health Division before the effective date of suspension provided by subsections (C)(1) or (C)(2) of this section in order to be considered.

4.    The filing of a timely appeal will stay a suspension pending a decision on the appeal by the County’s Licensing Board.

5.    The decision of the County’s Licensing Board shall be a final administrative order, with no further administrative right of appeal. (Ord. 1401 § 1 (part), 2008)

8.07.080 Administrative fine.

A.    Grounds for Fine. A fine may be imposed upon findings made by the Director or his or her designee, that any retailer, individual, or entity who is an owner of a retail establishment:

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.

B.    Amount of Fine. Upon findings made under subsection A of this section, the retailer, individual, or entity who is an owner of a retail establishment shall be subject to an administrative fine as follows:

1.    A fine not exceeding one hundred dollars for a first violation.

2.    A fine not exceeding two hundred dollars for a second violation.

3.    A fine not exceeding five hundred dollars for the third and subsequent violations.

4.    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.

C.    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 or his or her designee contesting the imposition of the fine. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director shall be a final administrative order, with no administrative right of appeal.

D.    Failure to Pay Fine. If said fine is not paid within thirty days from the date appearing on the notice of the fine or on the notice of determination of the Director or his or her designee after the hearing, the fine shall be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance of any permit by the Environmental Health Division of the Department of Health. (Ord. 1401 § 1 (part), 2008)