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04
City of Pleasanton
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2019
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12/3/2019 12:20:49 PM
Creation date
11/18/2019 10:22:57 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
11/21/2019
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elected to terminate, or the expiration date of the contract term in effect on the enactment <br />date of this chapter if no provision of the agreement authorizes permissive termination; <br />2. 120 days after the effective date of the ordinance codified in this chapter. <br />C. Any person who purchased a cigarette vending machine less than 36 months prior to the <br />enactment of this chapter for the purpose of using the vending machine to sell or distribute <br />tobacco products exclusively within the city and who has not, or will not have, recovered his, <br />her or its investment therein by the date on which discontinuance of use is required pursuant <br />to subsection B, may apply to the city manager for a use extension based on financial <br />hardship. A use extension shall be granted if the city manager, or the city manager's <br />designee appointed to consider the application, makes all of the following findings: <br />1. That the vending machine was intended for use only within the corporate limits of <br />the city; <br />2. That the vending machine owner has not, or will not have recovered his, her or its <br />investment therein before the date of required discontinuance; <br />3. That the vending machine owner has no practical way to recover the investment in <br />the machine other than its continued use within the corporate limits of the city; <br />4. That the investment not yet recovered exceeds 10 percent of the actual cost of the <br />machine; and <br />5. That the vending machine will be located in a place not accessible to minors, or if so <br />accessible to minors, that it will be placed in a location on the premises easily viewed and <br />supervised by the owner or responsible employee. <br />The length of the use extension shall not exceed that additional time period estimated <br />to be necessary to allow recovery of the owner's investment; provided, however, that no use <br />extension shall be granted which allows the total time in which the machine will be in use <br />within the corporate limits of the city to exceed three years. The cigarette vending machine <br />owner shall bear the burden of proof on each issue. The decision of the city manager, or the <br />city manager's designee, shall be final. <br />D. This section shall not apply to any person who locates, installs, keeps, maintains or uses, <br />or permits the location, installation, keeping, maintenance or use on his, her or its premises of <br />any cigarette vending machine if persons under 18 years of age are not permitted in or on <br />such premises. <br />9.32.035 Minimum pack size for sale of tobacco products — Exception for premium <br />cigars. <br />A. Except as provided in subsection B of this section, no person shall sell or distribute ar <br />tobacco products that do not meet minimum pack size. <br />B. Exempt from the minimum pack size requirement are: <br />1. Premium cigars with a minimum cost of $10.00 per cigar, hand -rolled cigars or <br />cigars which are sold at retail establishments where only persons age 21 or older are <br />allowed; and <br />2. Wholesalers, or distributors to wholesalers, other distributors, and retailers. <br />C. The effective date of the minimum pack size requirement is July 1, 2020. <br />9.32.040 Inspection by officials. <br />Any and all investigating officials of the city shall have the right to enter a business site from <br />time to time during regular business hours to make reasonable inspections to observe and <br />
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