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9.A. - Page 30 of 31 File Number: 19-842 20.420.003 Significant Tobacco Retailers Prohibited Enactment Number: ORD 1588-2019 A. Unless otherwise exempted under Chapter 6.47 of this Code, significant tobacco retailers are not a permitted use and are prohibited in all zones throughout the City. No permit or any other applicable license or entitlement for use, nor any business license, shall be approved or issued for the establishment, maintenance or operation of a significant tobacco retailer within the City. B. The establishment, maintenance or operation of a significant tobacco retailer within the City is declared to be a public nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other available legal remedies, including, but not limited to, declaratory relief and civil injunctions. 20.420.004 Violation and Enforcement The establishment, maintenance or operation of a significant tobacco retailer in violation of, or in noncompliance with, any of the requirements of this chapter or applicable provisions of the Zoning Code or South San Francisco Municipal Code, shall be subject to any enforcement remedies available under the law and/or the City's Municipal Code. In addition, the City may enforce the violation of this chapter by means of civil enforcement through a restraining order, a preliminary or permanent injunction or by any other means authorized by the law. SECTION 5. Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 6. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective on January 1, 2020. E a Introduced at a regular meeting of City Council of the City of South San Francisco held the 25th day of September 2019. City of South San Francisco Page 12 307