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<br />6.4A <br />Page 1 <br /> <br />. . -,. .... '... . :..:..,......::..:::..:.:'...:..;.::.:.-........::.~.:, ':"':'.': ::_::.<;.:,:::,>:":":_"':'"-:':,::..:<:. ..-.;...:......::..:...:..:....-:. ...:...:~.-:...:~.:<.:::.._....:.::':.-:.:..:-: <br />RERO.a'-< .'. ...................................................................................<. ........... .......... ......:. ..u>>: <br /> <br />June 1, 2009 <br /> <br />SUBJECT <br />Introduction of Ordinance amending the Redwood City Municipal Code to allow San <br />Mateo County to administer and enforce Tobacco Retailer Permits <br /> <br />RECOMMENDATION <br />Introduce an ordinance amending sections 15.20 through 15.26 and adding new <br />sections 15.27 through 15.29 of Article III of Chapter 15 of the Redwood City Municipal <br />Code with respect to Tobacco Retailer Permits. <br /> <br />BACKGROUND <br />On or about November 16,1998, the City Council adopted Ordinance No. 2152 which <br />emulates San Mateo County's Tobacco Retail Permit ordinance. The ordinance, <br />sections 15.20 - 15.26 of Article III of Chapter 15 of the Redwood City Municipal Code, <br />requires tobacco retailers to obtain a permit in order to sell tobacco products, and <br />imposes fines on retailers for illegal tobacco sales to underage youth. The County <br />currently administers this program. <br /> <br />Recent amendments to state law (the "Stake Act," Cal. Business & Professions Code 9 <br />22952) have empowered local government to conduct listings" of tobacco retailers. For <br />cities which adopted the County's ordinance in 1998, updating this ordinance will <br />empower the County to impose greater fines and penalties on businesses that sell <br />tobacco to minors, as well as revoke tobacco retailer permits from these businesses. <br /> <br />San Mateo County updated its Tobacco Retailer ordinance on April 8, 2008 and <br />subsequently requested that cities within the County also update their ordinances so <br />that there is a uniform countywide approach to ensuring the legal sale of tobacco <br />products. The County's renewed administrative enforcement efforts under the Stake <br />Act have highlighted the need to improve the hearing and notification procedures and <br />strengthen penalties by revising the Tobacco Retailer ordinance. <br /> <br />The revised ordinance does the following: 1) delegates greater enforcement authority to <br />the San Mateo County Health Officer, allowing the County to undertake "sting" <br />operations using State resources; 2) revises the hearing process to include permit <br />suspensions; 3) allows retailer appeals to be heard by the County's Licensing Board <br />rather than the City Council; 4) prevents permits from being renewed if the permittee <br />has outstanding Planning or Health Department fines; and 4) enhances the penalty <br /> <br />1 <br />