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HomeMy WebLinkAbout07/11/2007 PSAC Reports /ht'~ CITY OF LAKE ELSINORE PUBLIC SAFETY ADVISORY COMMISSION AGENDA MIKE NORKlN, INTERIM CHAIRMAN DR. SHAWN SHUrr A, COMMISSIONER NICOLE DAILEY, COMMISSIONER AL LYONS, COMMISSIONER DENNIS "JA Y" STEWART, COMMISSIONER ROBERT BRADY, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 JULY 11, 2007 6:00 PM If you are attending this Public Safety Advisory Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thankyouforyourcooperauon! CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL MAYOR'S WELCOME PUBLIC COMMENTS Any person wishing to address the Public Safety Advisory Commission on any matter must complete a request form prior to commencement of the meeting. (Comments limited to 3 minutes). CONSENT CALENDAR ITEMS All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any member of the public requests separate action on a specific action. PAGE 2 PUBLIC SAFETY ADVISORY COMMISSION AGENDA JULY 11, 2007 1. Minutes a. Wednesday, June 13,2007 Regular Meeting BUSINESS ITEMS 21. REORGANIZATION OF OFFICERS RECOMMENDATION: Open nominations and elect Chairperson and Vice-Chairperson. 22. TOBACCO RETAIL LICENSING ORDINANCE NO. 838 (COUNTY OF RlVERSIDE): CONSIDER ORDINANCE REVISIONS AND RECOMMENDATION. RECOMMENDATION: Direct Legal Counsel to incorporate PSAC's revised Ordinance recommendations and submit with staff report to City Council for consideration. 23. PSAC ORIENTATION SESSION SCHEDULING ~ . ry:-r RECOMMENDATION: Sele~ orientation date a~d time. (!fJ\' J' \ ", ", '''"- /" i-\ \ \ .r\ .,)., \../\__ \I(~ A. i'./\ ",,;5; "'~, (> ',.' ,:\ (~<" " ,'~ '" v~ \ 8---:) ~ <jV 'T Q:" l.'{-"S ,:-::.;,\0-- G ~~'pc:l"" if;?cY'~ ('\.(..Y-. () J\~) Qc}\ C PUBLIC SAFETY SUBCOMMITTEE REPORTS \0e./,. tr)-' ._~ "', " (\_Q9..~/Y V \ .. .r1~'-/ (Z-"l \J , ,~ V J....y./ j . /', (y. PUBLIC SAFETY ADVISORY COMMISSIONERS' COMMENTS -1'-' (\~~ CITY STAFF COMMENTS ADJOURNMENT /'""'" MINUTES PUBLIC SAFETY ADVISORY COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, JUNE 13, 2007 **************************************************************** CALL TO ORDER Information/Communications Manager Dennis called the Public Safety Advisory Commission Meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Administrative Services Director Pressey. /'""'" ROLL CALL PRESENT: COMMISSIONERS: NORKIN, BHUTTA AND SUND ABSENT: COMMISSIONERS: NONE Also present were: Information/Communications Manager Dennis, City Attorney Leibold, Public Works Director Seumalo, Administrative Services Director Pressey, Sergeant Yates, and Office Specialist Porche. NOMINATIONS FOR CHAIRMAN 21. Information/Communications Manager Dennis stated Chairman Hewison and Vice Chairman Knight resigned on May 19, 2007 and May 21, 2007, respectively. He stated that this item would be taken up first because the City Attorney has advised staff to have the Commission appoint an interim Chairman for the June and July meetings. /'""'" AGENDA ITEM NO. PAGE /a- J OF+- Page 2 - Public Safety Advisory Commission - June 13, 2007 Office Specialist Porche opened the floor for nominations for the position of interim Chairman. """ Commissioner Sund nominated Commissioner Norkin. Commissioner Norkin nominated himself. Commissioner Bhutta nominated Commissioner Norkin. BY A UNANIMOUS VOTE COMMISSIONER NORKIN WAS VOTED AS THE INTERIM CHAIRMAN OF THE PUBLIC SAFETY ADVISORY COMMISSION FOR THE JUNE AND JULY MEETINGS. PUBLIC COMMENTS Mr. John Treese, 32420 Cape Cod Drive, Lake Elsinore spoke regarding the speeding along Palomar and Corydon and gave some recommendations that could help reduce the speeding in this area. Commissioner Sund suggested having a flashing light installed in the area. """ CONSENT CALENDAR ITEMS MOVED BY SUND, SECONDED BY BHUTTA AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Wednesday, May 9,2007, Regular Meeting BUSINESS ITEMS 22. Overview of Proposed FY 2007-08 Operating and Capital Improvement Budgets. Information/Communications Manager Dennis introduced Administrative Services Director Pressey. """ AGENDA ITEM NO. I a.. PAGE ~ OFL Page 3 - Public Safety Advisory Commission - June 13, 2007 "...... Administrative Services Director Pressey presented highlights of the proposed operative and capital budget for the Fiscal Year 2007-08 which was presented to City Council and the RDA Board at the regular meeting of June 12,2007. Administrative Services Director Pressey stated that the largest increase was the Public Safety which is considered to be the City's top priority. He commented on the major revenue sources and indicated that the City is estimating $33.8 million in revenue for the FY 2007-2008. He also discussed the budgeted expenditures in personnel, Parks & Recreation and the Lake & Aquatic Department. Commissioner Bhutta asked what was included with the increase of $600,000 for the Police Department. Administrative Services Director Pressey indicated that it is a loaded rate which includes staff, benefits and vehicles. JI""'" Commissioner Bhutta asked if this is an estimate or accurate rate. Administrative Services Director Pressey stated that this is an accurate rate. Commissioner Sund requested clarification on the capital improvements (C.I.P Budget) surveillance project. Information/Communications Manager Dennis stated that the purpose of including this in the staff report was to show that the recommendations of the PSAC were approved by City Council. Commissioner Sund asked if any money has been put aside for the new civic center. Administrative Services Director Pressey stated that $700,000 was allocated for the City's new civic center to get the project started. r' Chairman Norkin asked if the City has met or exceeded the mid-year budget. AGENDA ITEM NO. I tt PAGE 3 OF 2- Page 4 - Public Safety Advisory Commission - June 13, 2007 Administrative Services Director Pressey stated that the City's '-' projections were correct. MOVED BY SUND, SECONDED BY BHUTTA AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE THE PROPOSED FY 2007-08 OPERATING AND CAPITAL IMPROVEMENT BUDGETS. 23. Tobacco Retail Licensing Ordinance No. 838 (County of Riverside): Encourage Adoption of Identical Ordinance. Chairman Norkin requested a brief overview of this item. City Attorney Leibold stated that under the state law it is illegal to sell tobacco to anyone under the age of 18. She stated that the law also requires anyone who sells tobacco to check ID of those who look under the age of 27. City Attorney Leibold stated that what is being proposed is to adopt an ordinance that would require merchants have an annual license to sell tobacco. She indicated that currently ten cities in the county have '-' adopted identical ordinances at the County's request. It was suggested by the Commission to have this item further reviewed by Legal Counsel and brought back at the next PSAC meeting when a full Commission can review Legal Counsel's recommended Ordinance language MOVED BY BHUTTA, SECONDED BY SUND AND CARRIED BY A UNANIMOUS VOTE TO TABLE THE TOBACCO RETAIL LICENSING ORDINANCE NO. 838 TO A LATER DATE. 24. Citizen Corps Subcommittee Alternate. Information/Communications Manager Dennis stated that this item is to designate an alternate to fill a vacancy on the Citizen Corps subcommittee. Commissioner Sund recommended having this item brought back to the Commission at a later date. ......., AGENDA ITEM NO. / t:L PAGE If OF-l- r"' r-- r"' Page 5 - Public Safety Advisory Commission - June 13, 2007 MOVED BY SUND, SECONDED BY BHUTTA, AND CARRIED BY A UNANIMOUS VOTE TO TABLE THE CITIZEN CORPS SUBCOMMITTEE AL TERNA TE TO A LATER DATE. SUBCOMMITTEE REPORTS Chairman Norkin stated that he has been meeting with two Planning Commissioners and Commissioner Bhutta to discuss the Lakeshore Overlay District. Topics included in the discussion are the concerns with docks and fences around the lake. He indicated that the Commission will be taking a tour of the lake within the next month so that everyone can see the challenges that are faced ahead. CITY STAFF COMMENTS Information/Communications Manager Dennis commented on the following: 1) Spoke of the briefing on the Civic Center Design Competition to be held on Saturday June 16th at the Cultural Center. 2) Spoke of the ribbon-cutting ceremony at the Main Street City Park which will be held at 10:00 AM on June 23rd. 3) Spoke of the two City parks dedications on June 30th. One will be at Lincoln Park at 10:00 AM and one at 3 :00 PM at Alberhill Community Park. 4) Fireworks mailers have gone out to the City's residents to advise them of the "No Fireworks Policy" and the annual fireworks show over Lake Elsinore on July 4th at 9:30 PM. 5) He commented on the issue of speeding along Grand Avenue to Corydon. He indicated that a traffic study is currently being conducted by City staff to help alleviate the problems in that area. City Attorney Leibold commented on the following: 1) Spoke of the application period for the applicants for the two available four-year positions of the Public Safety Advisory Commission. She indicated that the interview process will begin tomorrow. However since two members resigned from the Commission, advertising for the two two-year vacant positions will conclude on June 22nd. It is AGENDA ITEM NO. / ~ PAGE 50FL Page 6 - Public Safety Advisory Commission - June 13, 2007 expected that the subcommittee will make its recommendations at the June 26th City Council meeting. ....." COMMISSIONER COMMENTS Chairman Norkin commented on the following: 1) He spoke of appreciation towards Ray Knight and Ron Hewison and how the two of them were a huge asset to the Commission and both will be greatly missed. 2) Commented on the recent drowning at the lake and how well the Sheriffs Department handled the situation. 3) Suggested honoring the family who recently lost one of their family members while trying to save the life of a child in the lake. 4) Thanked everyone for their nominations. Commissioner Bhutta commented on the following: 1) He asked Information/Communications Manager Dennis on how often the City uploads the minutes on line. ....." Information/Communications Manager Dennis stated that the city is backlogged on the minutes due to the City Clerk's office being short- staffed. 2) He asked Information/Communications Manager Dennis if staff could arrange to have the agenda packages available sooner in order to allow more time for reviewing. Information/Communications Manager Dennis apologized for the delay on the Commission receiving their packages and indicated that packets are normally distributed the Thursday or Friday preceding the PSAC meeting. Commissioner Sund commented on the following: 1) She spoke of her ride along on the lake and how it was very helpful. 2) She spoke of her trying to get a ride along with the Sheriffs Department. ....." AGENDA ITEM NO. j /.L PAGE 0 OFL Page 7 - Public Safety Advisory Commission - June 13, 2007 ,...... ADJOURNMENT THE PUBLIC SAFETY ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:03 P.M. MIKE NORKIN, CHAIRMAN PUBLIC SAFETY ADVISORY COMMISSION Respectfully submitted, /""' DANA PORCHE', OFFICE SPECIALIST Attest: MICHELLE SOTO, ACTING CITY CLERK OF THE BOARD /""' AGENDA ITEM NO. I a.. PAGE 7 OFl. OFFICE OF THE DISTRICT ATTORNEY COUNTY OF RIVERSIDE June 29, 2007 130 South Main Street Lake Elsinore, CA 92530 Dear Sir or Madam, As your new District Attorney for Riverside County, I have taken under review my legal responsibilities. One such obligation is spelled out in California's Government Code sections 54950 et seq., which is also known as the Ralph M. Brown Act. As you no doubt have come to appreciate in your elected public service, the Brown Act can be complex and somewhat challenging at times. Moreover, because the Legislature, upon its enactment, entrusted each District Attorney to enforce the law, a Brown Act violation can be serious. In that light, the District Attorney's office will be offering training so that innocent inadvertence is prevented. Education and training will help us all avoid potential pitfalls. We are fortunate to have the assistance of County Counsel in this training. /"'"' . office will be contacting you soon to provide the details. Attached you will find a brief summary of the major ~Jmponents of the Brown Act. In addition to the Brown Act, we expect to cover other subjects important to elected officials, such as, avoiding conflicts of interest. Lastly, the goal of the Brown Act is embodied as follows: The people of this State do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for the people to know. The people insist on remaining informed so that they may retain control over the instruments they have created. Government Code ~ 54950. As the District Attorney, I am committed to ensuring that our community, that is Riverside County, maintains its high public trust of its elected officials. The basis of our government is integrity and integrity allows it to exist. Thank you for your public service. I look forward to seeing you soon at one of the training sessions. Very truly yours, ~ut ~ '"Iliff ... ... ~ ".,.-. iSC cuds ROD PACHECO District Attorney 4075 MAIN STREET. RIVERSIDE, CA 9250 1 951-95&5400 The following is a brief summary of the major components of the Brow., Ac~ 1. Who is subject to the Brown Act? All local governing bodies and any boc:ty created, by state or ........, federal statute; any board, commission, or committee which is created by charter, ordinance, resolumm or formal action of the local body, including permanent, temporary, decision-making and advisory committees; and a board that governs a private entity if the elected local leg islative body creates it and delegates some authority to it or if the board of that private entity receives funds from the local government and has a member of the board as a member of the local legislative body. 2. What is a meeting? Any gathering of a majority of the members to hear, discuss, or deliberate on any item that is within their subject matter jurisdiction. Serial meetings are prohi bited. A serial meeting occurs when a majority of members come to consensus on an issue through personal intermediaries or any other means such as emaHs, phone calls, letter, etc. As a general rule, meetings must occur within the jurisdiction of the local governing body. 3. What are the Public's Rights? At every reaular meeting, members of the public have the right to directly address the governing body on any item of public interest if that item is under the jurisdiction of the governing body. At special meetings, members of the public have the ri ght to address the body about any time that is listed in the agenda for that meeting. The governing body may reasonably regulate the public comment, such as limitations on the total time set aside for public comment as whole as well as for each individual speaker. 4. Is an agenda required? Yes. For reaular meetings, the agenda must be posted at least 72 hours prior to the meeting. For special meetings, the agenda must be posted no later than 24 hours prior to the meeting. The agenda must list the time and location of the meeting and be posted in a location open to the public. The agenda shall contain a brief description of each item of business to be discussed, including those items that will be discussed in closed session. For emeraencv meetings 24 hour notice and posting requirements are waived. However, local media shall be advised at leas~ one hour prior to the meeting. 5. What action may be taken on items not appearing on the agenda? Generally, members of the governing body cannot act on nor discuss any item not listed on the agenda. However, members may briefly respond to statements or questions by the public. The members may take action on non-agenda items if one of the three following circumstances exist: (1) a majority of the members find that an "emergency situation" as defined under the Act exists; (2) a two-thirds (2/3) majority of the members finds that there is a need for immediate action and they became aware of th e item after the agenda was posted; or (3) the item was posted for a meeting that had occurred within th e previous five days and the item was continued to the present date. 6. What can be discussed in closed sessions? Closed sessions can occur only under specific statutory provisions. These provisions are narrowly construed. Members must be careful to limit their closed sessions to the statutory provisions. A partial list of issues that may be discussed in closed session include real property negotiations, pending litigation, personnel issues, threats to public safety, and labor negotiations. Only items listed in the posted agenda may be discussed in closed session. If the governing body takes any action in closed session, it must report such action to the public, generally at the same meeting when the closed session occurred. 7. What are the consequences for violating the Brown Act? There are both civil and criminal penalties. My office may bring a civil action seeking a judicial order declaring the action null and void. Prior to such filing the civil suit, the governing body must be notified and given an opportunity to "cure and correct" the violation. If there are repeated procedural violations of the Act, my office may seek injunction prohibiting future violations. Criminal sanctions may be sought when a member of a ~ governing body attends a meeting where action is taken in violation of the Act and the member attends that meeting with the intent to deprive the public of information to which the member knows or should know the public is entitled. ~ CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND BOARDMEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: JULY 11, 2007 SUBJECT: REORGANIZATION OF OFFICERS BACKGROUND This item is for the purpose of installing new officers, Chairperson and Vice-chairperson, to serve until the next annual reorganization of officers in July 2008. DISCUSSION The conduct of City Commissions is addressed in City Council policy 200-5a. In July of each year, Commissions nominate and elect their officers by majority vote. Commission officers preside until the next annual reorganization. All Commissioners are eligible for office. ~ The presiding officer (in tonight's case, the interim Chairman) will first call for nominations for Chairperson. Following a nomination, the Chairperson will ask if there are other nominations- continuing until no more nominations are forthcoming-then will call for a vote on the nominee( s), until a winner has been chosen by majority vote. The newly elected Chairperson will immediately preside over the nominations and election of a V ice-Chairperson. Generally, the role of Chairperson is to preside over regular PSAC meetings, study sessions, and joint sessions. The Chairperson meets regularly with Administrative staffto discuss and formalize the monthly PSAC agenda. The Chairperson also serves as spokesperson for the PSAC in presenting Commission reports and recommendations to the City Council. The duty ofthe Vice-Chairperson is to preside in the absence of the Chairperson. FISCAL IMP ACT None. RECOMMENDATION Open nominations and elect Chairperson and Vice-Chairperson. PREPARED BY: MARK E. DENNIS r". INFORMATION/COMMUNICATIONS MANAGER ..u~l\iJJA ITEM NO. PAGE ~I / OF-L . '""' CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND BOARDMEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICATIONS MANAGER DATE: JUL Y 11,2007 SUBJECT: TOBACCO RETAIL LICENSING ORDINANCE NO. 838 (COUNTY OF RIVERSIDE): CONSIDER ORDINANCE REVISIONS AND RECOMMENDATION BACKGROUND Following a request by the County of Riverside Tobacco Retail Licensing Program, the Commission reviewed County Ordinance 838 at the June 13,2007 meeting. The ordinance requires merchants selling tobacco to obtain a license. '""' DISCUSSION Ordinance 838 has been modified to reflect the City's standard ordinance format and certain revisions have been made which reflect Commissioner comments and/or City practices. Additionally, certain areas have been highlighted by the City Attorney's office for additional discussion and input from the Commission. Copies of the draft ordinance and a redline version showing the substantive changes are attached for your consideration. Based on the Commission's comments and direction tonight, the City Attorney's office will make final revisions and submit the ordinance to the City Council for consideration. The Commission may also elect to have the ordinance brought back for additional review at the next meeting. FISCAL IMP ACT None. RECOMMENDATION Direct legal counsel to incorporate PSAC's revised ordinance recommendations and submit with a staff report to the City Council for consideration. PREPARED BY: DAVID H. MANN, ASSISTANT CITY ATTORNEY ~ AGENDA ITEM NO. PAGE ~~ / OF~ Deleted: ORDINANCE NO. ---"_mmmmm_m_mm_______mm~:><- Formatted: Right: 0.03" ----.......---......-.-..........................--..................-....--....-.-....... .AN ORDINANCE OF THE CITY COUNCIL OF TH:~_~~IXQ]?:":_-><- Deleted:, LAKEELSjNOR&::_~G^@~H{L_jij~::::t:~~~~~VRF:m_QJr_. -- ~~~a~~ Indent: Left: 0.49", TOBACCO RETAILERS --- --- .------- .- ..... ----, { Deleted. . J WHEREAS, Minors obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers nationwide. In Riverside County, 10,000 teens light up for the first time and purchase 5 million packs of cigarettes a year; and WHEREAS, In a 2004 California youth-buying survey, 12% of retailers surveyed unlawfully sold tobacco product to minors; and WHEREAS, The rate of tobacco sales to minors in Riverside County is one of the highest in the State at 44%; and WHEREAS, 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14~; and WHEREAS, A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws; and ""-"" WHEREAS, 65% of California's key opinion leaders surveyed support implementation of tobacco-licensing requirements; and WHEREAS, The City of Lake Elsinore has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and AGENDA ITEM NO. ..:) .:< PAGE':< OF-< J '-" CITY COUNCIL ORDINANCE NO. PAGE 2 OF 14 ,--. WHEREAS, It is the intent of this ordinance to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For the purposes of this ordinance, the following words and terms shall have the following meanings: "Arm's Length Transaction" .fl:l~~I!~__~__~_~]_~_Jn___g~~~J~jth__~_I)_~_J<?~_/-'{ Deleted: shall mean: valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Ordinance is presumed not to be an Arm's Length Transaction. ,--. "Department" means any City department designated to administer and/or enforce the provisions of this chapter or, if so designated by the City Manager, the Riverside County Department of Health and Human Services or other County department. .i.____________________________________ _____________________________________________________________________________~'-..:...::-- . "fer.son" _lI1~(ll)s ..(ll)y_l)~tll!:(llp~~S211, paI1:11~rship, _<?2<?pe~~ti"e. - association, corporation, personal representative, receiver, trustee, . assignee, or any other legal entity. "Proprietor" means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day- to-day operations of a business. Formatted: Font: Bold, Small caps Formatted: Tabs: 0.25", Left + 0.49", Left + 0.75", Left + I", Left + 1.25", Left + 1.5", Left Deleted: "Department" shall mean: County Health Officer or his or her designee. /"" AGENDA ITEM NO. e;( ~ PAGE -.3 OF d?, - CITY COUNCIL ORDINANCE NO. PAGE 3 OF 14 "Self-Service Display" means the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display. ....." A;;s;;;;;fi;;i;;"" means" " po"sses;'-ing " "il " "iighted " "Tobacco "" Prociuct:"t obacco"-" Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). """""""{ Fonnatted: Font color: Auto A___________________________________________________________________________________________________________--------- "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products. Fonnatted: Font: Not Bold, Font color: Black, Not Small caps "Tobacco Product" means (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and ....." Drug Administration for use in treating nicotine or tobacco product dependence. "Tobacco Retailer" J!lt?~~~u~~y"~~~~"~"Il"~h~u~"€?JJ_~L~ff€?~~.J~~_~aJ_~_'__~~u. /{ Deleted: shall mean: does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. AGENDA ITEM NO. PAGE .<~ 1- OF.:z '1""" CITY COUNCIL ORDINANCE NO. PAGE 4 OF 14 ""'""' SECTION 2. TOBACCO LICENSE PREREQUISITE; APPLICA TION PROCESS. A. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Ordinance for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance. B. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license.,;.. ,r Delet;j~.. includin~f~~-e~i~:;-! "..",. Lrevoked license: i .' -----..-...........-...-..-...-.---......--.-.) 1. Shall keep all Tobacco Products and Tobacco .' Deleted: The public display of Paraphernalia from public view ./' Tobacco Products or Tobacco "tu u _u u u u.. u. ___ u. ___. u u_m u m. u m'm. __ m... u '_u u '.h. _ Paraphernalia in violation of this provision shall constitute an "offer for sale" for the purposes of Section 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location. C. Nothing in this ordinance shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right ""'""' other than the right to act as a Tobacco Retailer at the location in the I T.C;!~X. J<ie~~ifi~~..~~. .the..J~~.~_.~x. .~h~.-U~~.n.~~:__.J~t.~~~~l?J~L~~~h-.i_I?-.g.)I?:_.~h~~..... .... { Deleted: County ordinance shall be construed to render inapplicable, supercede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. D. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 8.D. of this ordinance. /"'" AGENDA ITEM NO. PAGE R.:? S- OF -<>1 CITY COUNCIL ORDINANCE NO. PAGE 5 OF 14 E. [CITY ATTORNEY NOTE: REQUEST ADDITIONAL.------- ~::::i~~~~~~;:~';~:;/~d~ / DISCUSSION REGARDING NEED FOR SPECIAL PENAL TIES IN Tabs: 0.49", Left ADDITION TO MONETARY PENAL TIESUn addition to any other penalty under this ordinance~ a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailers license shall b.t?jp--~!JgJJ?J_~__~.<?__-......{ Fonnatted: Font: 14 pt apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty- month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. 4. Each day that a Person engages in Tobacco Retailing without a valid Tobacco Retailers license shall constitute a separate violation. F. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this ordinance are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed. '-' G. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. The name, address, and telephone number of each Proprietor. 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license-related communications and notices (the AGENDA ITEM NO. .Q ~ '-' PAGE ~ OF~ 1. The application is incomplete or inaccurate. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 8.B. of this ordinance. However, this subparagraph shall . b' l'. d . I f I' 'f h I' t 'd th C't . 1 Deleted' C ty ) not constItute a aSls lor ema 0 a Icense I t e app lCan proVI es e~__.---l__~~~_-_-_________.__) with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in effect pursuant to Section ~:~_._.<:>rthi~_~~~~~(l~~~'h__ ____ ______h__ _____ ____m m___ CITY COUNCIL ORDINANCE NO. PAGE 6 OF 14 /'"'" "Aut~orized Address"). If an Authorized Address is not supplied, each Propnetor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2. above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this ordinance or has been a Proprietor at a location that has been determined to have violated this ordinance and, if so, the dates and locations of all such violations. 6. Such other information as the Department deems necessary for the administration or enforcement of this ordinance. I. --~:E:<:'lJQN}."[,I~~N~~J~~YAN<::.l!:;~'I'i\J~'.pA@~.. . ..... .... ...... A. No license may issue to authorize Tobacco Retailing at other I than a fixed 10cation..Tobacco Ret(liling_~Y__J>~~~()I1s()~Joot and TO~(lc;co_. Retailing from vehicles are prohibited. B. Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the Department shall issue a license unless ~. substantial record evidence demonstrates that one of the following bases for denial exists: ..{ Deleted: , ....f Deleted: For example, J' ........."-"----_.._..-.._-_.~._----_....__."._-_...__...._.... ..{ Deleted: 3 /'"'" AGENDA ITEM NO. PAGE .:?~ 7 OF~ CITY COUNCIL ORDINANCE NO. PAGE 7 OF 14 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to Section 3.A. ofthis ordinance, that is unlawful pursuant to any other City ordinance, or that is unlawful pursuant to any other local, state, or federal law . "" SECTION 4. LICENSES NONTRANSFERABLE. A. Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 2.G. 1., 2., or 3. changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. B. Notwithstanding any other provision of this ordinance, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the I ~qty _ _",ith _ _<i()c_1:l_Il1~_~~~*~~ _ _<iell1o_n_~~~~~~~g _ _~y_ _ ~!~~~__~~_( ~~~~J~~J~K _ ~~i<i~~~~_ _,'" ---' ~~.:_~~~~_________J that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction. SECTION 5. FEES FOR LICENSE. lCITY ATTORNEY NOTE: DISCUSS ADMINISTRATION CONSISTENT WITH BUSINESS LICENSE PROGRAMl "" B. The City Council. may. but shall not be required to. set a license fee for a tobacco retailer license. If the City Council elects to enact a tobacco retailer license fee. the fee shall be set by City Council resolution based upon the costs to the citv of administering and enforcing this chapter. Tobacco retailer license shall not be issued until such time as the appropriate license fee has been paid in full. A Th f b '1 r' . . D;i;t~: Tobacco Reta;i~;-------'--l " "==".,,, , ,~,. .t~~ "'~, ",,::l.t~ _~C;C;() ",J:e.t~.Ie.~ '" _1C;~~~~_ _l.~ '" g.~~,ye._~I:,_ ~~l?lJ:l~g, ()_n:,:>< ' of the next year. The tobacco retailer license shall be issued. \;-" " Formatted: No widow/orphan . ., . . '" ", control administered and renewed In the same form and manner as the CIty bUSiness '::- ", Deleted T b R 'I r ' - ,\ : 0 acco etat er lcense IS license program. '--\ invalid unless the appropriate fee has 4___________________________________________________________________________----------------------', __\ been paid in full and the term ofthe \, __:__ license has not expired, \', \) ~Ietect: (1)=- - \, '[~Ieted: , Each Tobacco Retailer shall ___ apply for the renewal of his or her ___ Tobacco Retailer's Iicen,se no later than __ thirty (30) days prior to expiration ofthe \, term. ''(Formatted: Font: Not Bold ---- AGENDA ITEM NO. PAGE d(~ ~oF.Q7 '-' CITY COUNCIL ORDINANCE NO. PAGE 8 OF 14 -- SECTION 6. OTHER REQUIREMENTS AND PROHIBITIONS. A. DISPLA Y OF LICENSE. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location. B. POSITIVE IDENTIFICATION REOUIRED. No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser; if the purchaser reasonably appears under the age of twenty-seven (27) years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the Tobacco Product or Tobacco Paraphernalia. C. MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age in state law for being sold or for possessing any Tobacco Product. D. SELF-SERVICE DISPLAYS PROHIBITED. No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self- Service Display or to engage in Tobacco Retailing by means of a Self- Service Display. A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the -- disp lay stating that the cabinet, case or structure is locked at all times. SECTION 7. LICENSE VIOLATION. A. VIOLA TION OF TOBACCO-RELATED LAWS. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: 1. Any local, state, or federal tobacco-related law. 2. Local, state, or federal sign laws. 3. Local, state, or federal laws restricting the age of purchase for any product. B. LICENSE COMPLIANCE MONITORING. '"'"' AGENDA ITEM NO. PAGE ~cq i OF.=2l. CITY COUNCIL ORDINANCE NO. PAGE 9 OF 14 1. Compliance with this ordinance shall be monitored by the Department. Any peace officer may enforce the penal provisions of this ordinance. 2. ICITY ATTORNEY NOTE: REVISION~__~I~:TS "GOAL" OF 3 TIMEsuPER-YEARi'fhej5e-partment - may-check the compliance of each Tobacco Retailer at any time during normal business hours and on such a regular basis as may be determined by the Department. The Department shall endeavor to check compliance of each tobacco retailers at least three (3) times per twelve (12) month period. 3. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws. 4. rCITY ATTORNEY NOTE: DISCUSS WITH POLICE DEPARTMENT USE OF YOUTH DECOYS1The City shall not enforce any tobacco-related minimum-age law against a Person who otherwise might be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when: a. the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or b. the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub-contracting, by th e .GglIIlty ..Pl::P~I1Il)_l::Ilt .. g( Hl::~!th _~~_ H~!l:l~~__~~!"."i~l::~ _ g~_J~Il~~~ ... i.~_ _p~I1,_ _.' -- either directly or indirectly through sub-contracting, by the California Department of Health Services. C. NO CONTEST PLEA. A plea of "no contest" or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection A. above shall operate as an admission that this ordinance has been violated for the purposes of license revocation. SECTION 8. REVOCATION OF LICENSE. A. REVOCA nON OF LICENSE FOR VIOLATION. '-' Deleted: The Department shall check the compliance of each Tobacco Retailer at least three (3) times per twelve (12) month period. The Department may check the compliance ofT obacco Retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of Tobacco Retailers previously found in violation a greater number of times_ """ ~._----_._._-----_._--_.._' / Deleted: county J AGENDA ITEM NO. .;(~ PAGE ID OF~ /"'"' r--- CITY COUNCIL ORDINANCE NO. PAGE 10 OF 14 /"'"' 1. In addition to any other penalty authorized by law, a I To~acco Retailer's l.icense shall be revoked if the hearing officer, as designated by the CIty Man~gt:lr,Jincfs,. after notice to the licensee. and opportunity to be heard, that the licensee, inducting his.or--heragents or employees, has violated any of the requirements, conditions, or prohibitions of this ordinance (hereinafter "License Violation"). - -[ Deleted: Hearing Officer 2. rCITY ATTORNEY NOTE: NEED TO DISCUSS POTENTIAL PITFALLS TO DENIAL OF A TTORNEY]No attorney may take part in the defense of a license revocation proceeding unless the attorney's participation meets any exception for attorneys appearing in small claims court under California Code of Civil Procedure section 116.530. This prohibition shall not apply if the City elects to be represented by an attorney in the proceeding and notice of the election is included in the notice given pursuant to subsection 1 above. 3. rCITY ATTORNEY NOTE: NEED TO DISCUSS POTENTIAL PITFALLS TO SETTING "REQUIREMENTS" FOR SETTLEMENT]For a first or second alleged License Violation within any sixty-month (60) period, the City Attorney may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this ordinance without approval from the City Council. Settlements shall not be confidential and shall contain the following minimum terms: a. After an alleged first License Violation at a location within any sixty-month (60) period: (1) An agreement to stop acting as a Tobacco Retailer for at least one (1) day; (2) A settlement payment to the City of at least one thousand dollars ($1000); and (3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. b. After an alleged second License Violation at a location within any sixty-month (60) period: AGENDA ITEM NO. -< ~ PAGE II OF~9 CITY COUNCIL ORDINANCE NO. PAGE 11 OF 14 (1) an agreement to stop acting as a Tobacco Retailer for at least ten (10) days; (2) a settlement payment to the City of at least five thousand dollars ($5000); and (3) an admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. '""'" B. NEW LICENSE AFTER REVOCATION FOR VIOLATION. 1. After a first License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation or violation, whichever is later. 2. After a second License Violation at a location within any sixty-month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation or violation, whichever is later. 3. After of a third License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation or violation, whichever is later. '""'" 4. After four or more License Violations at a location within any sixty-month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation or violation, whichever is later. C. EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed pursuant to Section 5 shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must: 1. Submit the renewal fee plus a reinstatement fee of ten percent (10%) of the renewal fee. AGENDA ITEM NO. .:?-<. PAGE I~ OF~"" - CITY COUNCIL ORDINANCE NO. PAGE 12 OF 14 r- 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired. D. REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 3.B. existed at the time application was made or at anytime before the license issued. The revocation shall be without prejudice to the filing of a new application for a license. SECTION 9. ENFORCEMENT. The remedies provided by this ordinance are cumulative and in addition to any other remedies available at law or in equity. A. Whenever evidence of a violation of this ordinance is obtained in part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this ordinance and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. B. Violations of this ordinance are subject to a civil action brought r- by the District Attorney or City Attorney, punishable by: I. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1000) for a first violation in any sixty- month (60) period; or 2. A fine not less than one thousand five hundred dollars ($1500) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty-month (60) period; or 3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any sixty-month (60) period. C. Violations of this ordinance may, in the discretion of the District Attorney or City Attorney, be prosecuted as infractions or misdemeanors. r- AGENDA ITEM NO. .:? R PAGE /30F.3l CITY COUNCIL ORDINANCE NO. PAGE 13 OF 14 D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation. E. Violations of this ordinance are hereby declared to be public nuisances. '-' F. In addition to other remedies provided by this ordinance or by other law, any violation of this ordinance may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. SECTION 10. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 11. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. '-' AGENDA ITEM NO. 0{ ~ '-' PAGE /1 OF~i CITY COUNCIL ORDINANCE NO. PAGE 14 OF 14 ",--. INTRODUCED AND APPROVED UPON FIRST READING this _day of ,2007, upon the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of , 2007, upon the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ",--. ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney City of Lake Elsinore ,....... AGENDA ITEM NO. .;;J~ PAGE !~ OF d?1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REGARDING THE LICENSURE OF TOBACCO RETAILERS ~ WHEREAS, Minors obtain cigarettes and other tobacco products at alarming rates. Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years of age, yielding the tobacco industry $480 million in profits from underage smokers nationwide. In Riverside County, 10,000 teens light up for the first time and purchase 5 million packs of cigarettes a year; and WHEREAS, In a 2004 California youth-buying survey, 12% of retailers surveyed unlawfully sold tobacco product to minors; and WHEREAS, The rate of tobacco sales to minors in Riverside County is one of the highest in the State at 44%; and WHEREAS, 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their ~ first cigarette is 14~; and WHEREAS, A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco-related laws; and WHEREAS, 65% of California's key opinion leaders surveyed support implementation of tobacco-licensing requirements; and WHEREAS, The City of Lake Elsinore has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults; and AGENDA ITEM NO. e:? .:< "'" PAGE If:> OFO( I CITY COUNCIL ORDINANCE NO. PAGE 2 OF 14 ~ WHEREAS, It is the intent of this ordinance to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefore. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. For the purposes of this ordinance, the following words and terms shall have the following meanings: ~ "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this Ordinance is presumed not to be an Arm's Length Transaction. "Department" means any City department designated to administer and/or enforce the provisions of this chapter or, if so designated by the City Manager, the Riverside County Department of Health and Human Services or other County department. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. r- "Proprietor" means a Person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a Person can or does have, or can or does share, ultimate control over the day- to-day operations of a business. AGENDA ITEM NO. .:? =< PAGE /7 OF c:(/ CITY COUNCIL ORDINANCE NO. PAGE 3 OF 14 ~ "Self-Service Display" means the open display of Tobacco Products or Tobacco Paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A Vending Machine is a form of Self-Service Display. "Smoking" means possessing a lighted Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a Tobacco Product, Tobacco Paraphernalia, or any other weed or plant (including a pipe, cigar, or cigarette of any kind). "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of Tobacco Products. "Tobacco Product" means (1) any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco; and (2) any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence. ~ "Tobacco Retailer" means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia; "Tobacco Retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. AGENDA ITEM NO. d?-=? PAGE It OFBf- ......, CITY COUNCIL ORDINANCE NO. PAGE 4 OF 14 ,,-.... SECTION 2. TOBACCO LICENSE PREREQUISITE; APPLICATION PROCESS. A. It shall be unlawful for any Person to act as a Tobacco Retailer without first obtaining and maintaining a valid Tobacco Retailer's license pursuant to this Ordinance for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer's license shall constitute a public nuisance. B. A Tobacco Retailer or Proprietor without a valid Tobacco Retailer license: 1. Shall keep all Tobacco Products and Tobacco Paraphernalia from public view. ,,-.. 2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that would lead a reasonable consumer to believe that such products can be obtained at the Tobacco Retailer's location. C. Nothing in this ordinance shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the right to act as a Tobacco Retailer at the location in the City identified on the face of the license. For example, nothing in this ordinance shall be construed to render inapplicable, supercede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code section 6404.5. D. Application for a Tobacco Retailer's license shall be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed of the laws affecting the issuance of a Tobacco Retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 8.D. of this ordinance. ,,- AGENDA ITEM NO. O?-=< PAGE /1oF21 CITY COUNCIL ORDINANCE NO. PAGE 5 OF 14 ""'" E. [CITY ATTORNEY NOTE: REQUEST ADDITIONAL DISCUSSION REGARDING NEED FOR SPECIAL PENALTIES IN ADDITION TO MONETARY PENALTIES]In addition to any other penalty under this ordinance, a Person found to have engaged in Tobacco Retailing without a valid Tobacco Retailers license shall be ineligible to apply for or be issued a Tobacco Retailing license according to the following: 1. After a first violation for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until thirty (30) days have passed from the date of last violation. 2. After a second violation for a Person within any sixty- month (60) period, no new license may issue for the Person as a Proprietor until ninety (90) days have passed from the date of last violation. 3. After three or more violations for a Person within any sixty-month (60) period, no new license may issue for the Person as a Proprietor until five (5) years have passed from the date of last violation. 4. Each day that a Person engages in Tobacco Retailing without a valid Tobacco Retailers license shall constitute a separate violation. ~ F. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this ordinance are subject to seizure and forfeiture. Forfeited Tobacco Products and Tobacco Paraphernalia shall be destroyed. G. All applications shall be submitted on a form supplied by the Department and shall contain the following information: 1. The name, address, and telephone number of each Proprietor. 2. The business name, address, and telephone number of the single fixed location for which a Tobacco Retailer's license is sought. 3. The name and mailing address authorized by each Proprietor to receive all license-related communications and notices (the ..."" AGENDA ITEM NO. ;;( ~ PAGE RlJ OF ~ '7 CITY COUNCIL ORDINANCE NO. PAGE 6 OF 14 ,-.... "Authorized Address"). If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph 2. above. 4. Proof that the location for which a Tobacco Retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. 5. Whether or not any Proprietor is a Person who has been determined to have violated this ordinance or has been a Proprietor at a location that has been determined to have violated this ordinance and, if so, the dates and locations of all such violations. 6. Such other information as the Department deems necessary for the administration or enforcement of this ordinance. SECTION 3. LICENSE ISSUANCE; STANDARDS. A. No license may issue to authorize Tobacco Retailing at other ,-.... than a fixed location. Tobacco Retailing by Persons on foot and Tobacco Retailing from vehicles are prohibited. B. Upon the receipt of an application for a Tobacco Retailer's license and the license fee, the Department shall issue a license unless substantial record evidence demonstrates that one of the following bases for denial exists: 1. The application is incomplete or inaccurate. 2. The application seeks authorization for Tobacco Retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 8.B. of this ordinance. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an Arm's Length Transaction. 3. The application seeks authorization for Tobacco Retailing for a Proprietor for which a prohibition on issuing licenses is in ,- effect pursuant to Section 8.E. of this ordinance. AGENDA ITEM NO. .:( d? PAGE ~/ OF~ CITY COUNCIL ORDINANCE NO. PAGE 7 OF 14 ~ 4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to Section 3.A. of this ordinance, that is unlawful pursuant to any other City ordinance, or that is unlawful pursuant to any other local, state, or federal law. SECTION 4. LICENSES NONTRANSFERABLE. A. Tobacco Retailer's license is nontransferable. If the information required in the license application pursuant to Section 2.G. 1., 2., or 3. changes, a new Tobacco Retailer's license is required before the business may continue to act as a Tobacco Retailer. For example, if a Proprietor to whom a license has been issued changes business location, that Proprietor must apply for a new license prior to acting as a Tobacco Retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a Tobacco Retailer. B. Notwithstanding any other provision of this ordinance, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new Proprietor and the new Proprietor provides the ~ City with documentation demonstrating by clear and convincing evidence that the new Proprietor has acquired or is acquiring the location or business in an Arm's Length Transaction. SECTION 5. FEES FOR LICENSE. [CITY ATTORNEY NOTE: DISCUSS ADMINISTRATION CONSISTENT WITH BUSINESS LICENSE PROGRAM] A. The term of a tobacco retailer license is one year expiring on of the next year. The tobacco retailer license shall be issued, administered and renewed in the same form and manner as the City business license program. B. The City Council, may, but shall not be required to, set a license fee for a tobacco retailer license. If the City Council elects to enact a tobacco retailer license fee, the fee shall be set by City Council resolution based upon the costs to the city of administering and enforcing this chapter. Tobacco retailer license shall not be issued until such time as the appropriate license fee has been paid in full. AGENDA ITEM NO. c?=< PAGE <~ OF~ i ......, CITY COUNCIL ORDINANCE NO. PAGE 8 OF 14 ~ SECTION 6. OTHER REQUIREMENTS AND PROHIBITIONS. A. DISPLA Y OF LICENSE. Each license shall be prominently displayed in a publicly and readily visible location at the licensed location. B. POSITIVE IDENTIFICATION REQUIRED. No Person shall engage in Tobacco Retailing without first examining the identification of the purchaser; if the purchaser reasonably appears under the age of twenty-seven (27) years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the Tobacco Product or Tobacco Paraphernalia. C. MINIMUM AGE FOR PERSONS SELLING TOBACCO. No Person shall engage in Tobacco Retailing if the Person is younger than the minimum age in state law for being sold or for possessing any Tobacco Product. ,-.. D. SELF-SERVICE DISPLAYS PROHIBITED. No Person shall display Tobacco Products or Tobacco Paraphernalia by means of a Self- Service Display or to engage in Tobacco Retailing by means of a Self- Service Display. A Tobacco Retailer who chooses to display Tobacco Products or Tobacco Paraphernalia in a locked cabinet, case or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times. SECTION 7. LICENSE VIOLATION. A. VIOLATION OF TOBACCO-RELATED LAWS. It shall be a violation of a Tobacco Retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws: I. Any local, state, or federal tobacco-related law. 2. Local, state, or federal sign laws. 3. Local, state, or federal laws restricting the age of purchase for any product. B. LICENSE COMPLIANCE MONITORING. /""" AGENDA ITEM NO. ;> ~ PAGE R 3 OF-:il1. CITY COUNCIL ORDINANCE NO. PAGE 9 OF 14 ......, 1. Compliance with this ordinance shall be monitored by the Department. Any peace officer may enforce the penal provisions of this ordinance. 2. [CITY ATTORNEY NOTE: REVISIONS SETS "GOAL" OF 3 TIMES PER YEAR]The Department may check the compliance of each Tobacco Retailer at any time during normal business hours and on such a regular basis as may be determined by the Department. The Department shall endeavor to check compliance of each tobacco retailers at least three (3) times per twelve (12) month period. 3. Compliance checks shall determine, at a minimum, if the Tobacco Retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other tobacco-related laws. 4. [CITY ATTORNEY NOTE: DISCUSS WITH POLICE DEP ARTMENT USE OF YOUTH DECOYS]The City shall not enforce any tobacco-related minimum-age law against a Person who otherwise might "" be in violation of such law because of the Person's age (hereinafter "Youth Decoy") if the potential violation occurs when: a. the Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official; or b. the Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through sub-contracting, by the County Department of Health and Human Services or funded in part, either directly or indirectly through sub-contracting, by the California Department of Health Services. C. NO CONTEST PLEA. A plea of "no contest" or its equivalent by a Tobacco Retailer for a violation of any law designated in subsection A. above shall operate as an admission that this ordinance has been violated for the purposes of license revocation. AGENDA ITEM NO. .;?~ PAGE '::<1' OFo?'l' .... CITY COUNCIL ORDINANCE NO. PAGE 10 OF 14 ~ SECTION 8. REVOCATION OF LICENSE. A. REVOCATION OF LICENSE FOR VIOLATION. I. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be revoked if the hearing officer, as designated by the City Manager, finds, after notice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this ordinance (hereinafter "License Violation"). ~ 2. [CITY ATTORNEY NOTE: NEED TO DISCUSS POTENTIAL PITFALLS TO DENIAL OF ATTORNEY]No attorney may take part in the defense of a license revocation proceeding unless the attorney's participation meets any exception for attorneys appearing in small claims court under California Code of Civil Procedure section 116.530. This prohibition shall not apply if the City elects to be represented by an attorney in the proceeding and notice of the election is included in the notice given pursuant to subsection I above. 3. [CITY ATTORNEY NOTE: NEED TO DISCUSS POTENTIAL PITFALLS TO SETTING "REQUIREMENTS" FOR SETTLEMENT]For a first or second alleged License Violation within any sixty-month (60) period, the City Attorney may engage in settlement negotiations and may enter into a settlement agreement with a Tobacco Retailer alleged to have violated this ordinance without approval from the City Council. Settlements shall not be confidential and shall contain the following minimum terms: a. After an alleged first License Violation at a location within any sixty-month (60) period: (1) An agreement to stop acting as a Tobacco Retailer for at least one (I) day; (2) A settlement payment to the City of at least one thousand dollars ($1000); and ,-.- (3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what AGENDA ITEM NO. .;;:> "::( PAGE .:( S-OF ~ i CITY COUNCIL ORDINANCE NO. PAGE 11 OF 14 ~ penalty will be assessed for any future violations. b. After an alleged second License Violation at a location within any sixty-month (60) period: (1) an agreement to stop acting as a Tobacco Retailer for at least ten (10) days; (2) a settlement payment to the City of at least five thousand dollars ($5000); and (3) an admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations. B. NEW LICENSE AFTER REVOCATION FOR VIOLATION. 1. After a first License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ten (10) days have passed from the date of the last revocation or violation, whichever is later. '-..# 2. After a second License Violation at a location within any sixty-month (60) period, no new license may issue for the location until thirty (30) days have passed from the date of the last revocation or violation, whichever is later. 3. After of a third License Violation at a location within any sixty-month (60) period, no new license may issue for the location until ninety (90) days have passed from the date of the last revocation or violation, whichever is later. 4. After four or more License Violations at a location within any sixty-month (60) period, no new license may issue for the location until five (5) years have passed from the date of the last revocation or violation, whichever is later. C. EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed pursuant to Section 5 shall expire at the en'd of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must: AGENDA ITEM NO. .:2 :< PAGE ~(, OF :(, ~ ~ r' /""" CITY COUNCIL ORDINANCE NO. PAGE 12 OF 14 1. Submit the renewal fee plus a reinstatement fee of ten percent (10%) of the renewal fee. 2. Submit a signed affidavit affirming that the Proprietor has not sold any Tobacco Product or Tobacco Paraphernalia during any period that the license was expired. D. REVOCATION OF LICENSE ISSUED IN ERROR. A Tobacco Retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 3.B. existed at the time application was made or at anytime before the license issued. The revocation shall be without prejudice to the filing of a new application for a license. SECTION 9. ENFORCEMENT. The remedies provided by this ordinance are cumulative and in addition to any other remedies available at law or in equity. A. Whenever evidence of a violation of this ordinance is obtained in part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this ordinance and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. B. Violations of this ordinance are subject to a civil action brought by the District Attorney or City Attorney, punishable by: 1. A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1000) for a first violation in any sixty- month (60) period; or 2. A fine not less than one thousand five hundred dollars ($1500) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty-month (60) period; or 3. A fine not less than three thousand dollars ($3,000) and not exceeding ten thousand dollars ($10,000) for a third or subsequent violation in any sixty-month (60) period. AGENDA ITEM NO. .;?~ PAGE d?1 OF~ CITY COUNCIL ORDINANCE NO. PAGE 13 OF 14 """" C. Violations of this ordinance may, in the discretion of the District Attorney or City Attorney, be prosecuted as infractions or misdemeanors. D. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation. E. Violations of this ordinance are hereby declared to be public nUIsances. F. In addition to other remedies provided by this ordinance or by other law, any violation of this ordinance may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. SECTION 10. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. """" SECTION 11. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. AGENDA ITEM NO. d ::( PAGE :<1 OF~ """" CITY COUNCIL ORDINANCE NO. PAGE 14 OF 14 /"" INTRODUCED AND APPROVED UPON FIRST READING this _day of ,2007, upon the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of , 2007, upon the following roll call vote: /"" AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Robert E. Magee, Mayor City of Lake Elsinore Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: /"" Barbara Zeid Leibold, City Attorney City of Lake Elsinore AGENDA ITEM NO. ~ ~ PAGE ~ <] OF 32. ,r-.. CITY OF LAKE ELSINORE REPORT TO PUBLIC SAFETY ADVISORY COMMISSION TO: CHAIRMAN AND BOARDMEMBERS FROM: MARK DENNIS, INFORMATION/COMMUNICA TIONS MANAGER DATE: JUL Y 11, 2007 SUBJECT: PSAC ORIENTATION SESSION SCHEDULING BACKGROUND This item is for the purpose of scheduling an orientation session for all PSAC Commissioners. DISCUSSION Orientation to public office is conducted for Commissioners by the City Attorney and City staff The proposed date for an orientation session for all PSAC Commissioners is Wednesday, July 25th, with an alternate date of Monday, July 30th. The meeting times for either date can be adjusted to accommodate a majority of participants. ,r-.. Alternate dates may be proposed if a majority of Commissioners are unable to attend on either of the given dates. State laws govern training for public officials on certain mandatory and non-mandated topics including ethics, conflict of interest, open meeting law (Brown Act), workplace harassment and safety. Staff proposes to cover the essentials in this beginning orientation session, with subsequent training sessions to be scheduled as needed. Various materials for public officials, including the Lake Elsinore Municipal Code (L.E.M. C), City Council Policy Manual, overview of City government, plus assorted single-topic handouts and references will be provided in advance of the orientation session. FISCAL IMPACT None. RECOMMENDATION Select orientation date and time. PREPARED BY: MARK E. DENNIS INFORMA TION/COMMUNICA TIONS MANAGER ,r-.. AGENDA ITEM NO. PAGE :t3 / OF--L ~ 0L.l ~ g 0L.l ~ N ..; 0 x x (I) '<t ~ ~ N z:: ~ M ~ r-... -< 0 "? 0L.l ~ ~ l./'1 V) 0'1 0 + U <( l./'1 a.. ...... E' 0 Cli 0 c: ~ oVi 0 Qj W .:.! >- 12 ?i f- 3: - 3: U * 0'1 o o N ........ o M C~ :;, .. "- o 0 Zo ~~ ..... ir::: * 0'1 o o ca N ........... ...0 ::::J M .e........ CO'" I C "- ~ 0 ca 0 .eN "'r:::: ..: N ON ..... ..... o N ........ o >-M ~~ 'fti I o~ GJ 0 o~ .~ or- zr:::: C GJ c' QJ 0 .e c 'Vi ... 0 CII - -0 ,~ '';:; c u ,!!! 0 QJ .... l'O 0 <( u E >- ...... QJ ..0 E c V'l -- VI ...... E 21 a.. .., E ca 0 C :::l .... l'O .q- ....... ~l~ 0 0 "0 ...... c.. .E .... 0 0 O'l M 0 III c.. 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