4_Exhibits A - E - Laserfiche WebLink

F. "Tobacco retailer" means a business which sells or displays tobacco paraphernalia and tobacco products. Tobacco paraphernalia and tobacco products can be in addition to other products and services being offered by the business. G. "Tobacco retail site" means a site where a tobacco retailer operates. 18.109.030 Prohibition and Effective Date. A. No person shall cause or permit the establishment of a tobacco retail site within one thousand feet (1,000 ft.) of a public school, public park, or public recreation facility. B. For a tobacco retailer who has a pre-existing tobacco retail site where the sale of tobacco products or tobacco paraphernalia comprises 60% or less of gross revenues annually, such tobacco retail site shall stop all sales and displays of tobacco products and tobacco paraphernalia by the effective date of this ordinance. C. A tobacco retailer with a pre-existing tobacco retail site which is also operating as a "retail tobacco store" as defined in §9.24.020, or as a "tobacco store" as described in §18.44.080, and where the tobacco retail site primarily sells tobacco products and from which more than 60% of gross annual revenue is derived from the sale of tobacco products and tobacco paraphernalia, entry is limited to persons age 18 or older, and is operating in compliance with a pre-existing zoning certificate or conditional use permit, such person may continue to sell and display of tobacco products and tobacco paraphernalia even if located within one thousand feet (1 ,000 ft.) of a public school, public park, or public recreation facility, after the effective date of this ordinance. However, such pre-existing retail tobacco store or tobacco store shall then be subject to the nonconforming use provisions in Chapter 18.120. 18.109.040 Measure of Distance. The distance between any tobacco retail site and any public school, public park, or public recreation facility shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the tobacco retail site to the closest property line of the public school, public park, or public recreation facility. The city may make the measurement of distance using satellite images to determine building wall location and parcels on the city's geographic information system (GIS). A person who disagrees with this measurement may hire their own California licensed surveyor to provide another measurement. 18.109.050 Inspection by officials. Any and all investigating officials of the city shall have the right to enter a tobacco retail site from time to time during regular business hours to make reasonable inspections, including review of financial records to determine the percentage of gross receipts related to the sale of tobacco products and tobacco paraphernalia, to observe and enforce compliance with state or federal laws, provisions of this chapter, and provisions of the municipal code. 18.109.060 Penalties. Notwithstanding Section 1 .24.010.B., violations of this chapter are also subject to administrative citation pursuant to Chapter 1 .24 for each instance when tobacco products or 2 de Planning Commission 5 of 7 the exemption would avoid putting these tobacco stores out of business. Nonetheless, any existing tobacco stores within the 1,000-foot buffer would be Project No. P19-0389, Citywide Planning Commission 4 of 7 nducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees. P19-0390 Planning Commission Page 10 of 11 tions to the public water mains. P19-0390 Planning Commission Page 7 of 11 will retain the cash deposit until all work is substantially complete, all areas are stabilized, and all hazards are mitigated to the satisfaction of the Director of Engineering/City Engineer. P19-0390 Planning Commission Page 6 of 11