HomeMy WebLinkAbout1965ORDINANCE NO. 1965
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 6.11 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO "TOBACCO
RETAILER PERMITS."
City Attorney Summary
This ordinance incorporates Riverside County Ordinance No. 838 as
amended by Ordinance Nos. 838.1 and 838.2 in the Palm Springs
Municipal Code, providing for the permitting, inspection, and
regulation of tobacco retailers in the City. The County Department of
Environmental Health enforces Ordinances substantially similar to
this ordinance in other cities, and will have the exclusive authority
and responsibility to do so in the City.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS AS
FOLLOWS:
SECTION 1. Title 6, Chapter 6.11 regarding "Tobacco Retailer Permits" is
hereby added to the Palm Springs Municipal Code to read as follows:
"Chapter 6.11 TOBACCO RETAILER PERMITS"
6.11.010 Purpose, findings, and intent.
The City of Palm Springs 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 a person under 21 years of age; in promoting
compliance with laws prohibiting sales of cigarettes and tobacco products to a person
under 21 years of age; in protecting youth from being lured into illegal activity through the
misconduct of adults; and in reducing the incidence of tobacco related disease. The City
Council finds that ordinances providing for the permitting, inspection and regulation of
tobacco retailers are an effective means to address these matters. The Council also finds
that pursuant to Riverside County Ordinance No. 838, as amended by Ordinance No.
838.1, Ordinance No. 838.2, and any future amendments, an "Ordinance of the County
of Riverside Regarding the Permitting of Tobacco Retailers," ("Ordinance 838"), the
County of Riverside's Department of Environmental Health effectively administers a
program, based upon ordinances substantially similar to that reflected in this chapter, in
other cities in Riverside County. It is the intent of this chapter 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 a person under
21 years of age, 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.
Ordinance No. 1965
Page 2
6.11.020 Riverside County Ordinance No. 838 Applicable regarding the permitting
of tobacco retailers.
A. Riverside County's Ordinance No. 838 is incorporated by this reference as though set
forth in its entirety herein. Ordinance 838 applies to all tobacco retailers that intend to
operate, or are currently operating in the City, in addition to any other regulations
applicable to tobacco retailers that may be set forth in this Code, except as specifically
provided in Section 6.11.040. For purposes of this chapter, "tobacco retailer" shall
mean any person who sells, offers for sale, or does or offers to exchange for any form
of consideration, tobacco, tobacco products, or tobacco paraphernalia, without regard
to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered
for sale, exchanged, or offered for exchange.
B. The City shall be and remain valid and enforceable for such time as the County of
Riverside, Department of Environmental Health remains fully responsible for
administration, regulation and enforcement of Ordinance 838.
6.11.030 Administration Responsibility, Enforcement Authority.
The County of Riverside shall have sole responsibility to administer this chapter and
enforce its provisions.
6.11.040 Chapter not applicable to Agua Caliente Reservation, Allotted Trust Lands,
or Tribal Trust Lands.
The Agua Caliente Band of Cahuilla Indians (the "Tribe") is a sovereign nation and
federally recognized Indian tribe. As such this chapter does not apply and shall not be
enforceable by the County of Riverside or the City on any land that is:
A. Located within the exterior boundaries of the Agua Caliente Indian Reservation;
B. Owned by the Tribe, and (i) held in trust by the United States, or subject to a restriction
against alienation imposed by the United States; or (ii) owned by a member of any
other federally recognized Indian tribe, and held in trust by the United States or subject
to a restriction against alienation imposed by the United States; or
C. Owned by the Tribe, and held in trust by the United States, or subject to a restriction
against alienation imposed by the United States.
6.11.050 City business license.
Nothing in this chapter shall relieve or exempt a tobacco retailer from the business license
or tax requirements set forth in Chapters 3.40 through and including 3.96 of this code.
Ordinance No. 1965
Page 3
SECTION 2. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
ordinance shall remain valid. The City Council hereby declares that it would have adopted
this Ordinance, and each section or provision thereof, regardless of the fact that any one
or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
SECTION 3. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term is
defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an
organizational or administrative activity that will not result in a direct or indirect physical
change in the environment, per section 15378(b) (5) of the Guidelines.
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to
be published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED TTUS^-T^^^-OAXPF OCTOBER 2018
ROBERT MOON, MAYOR
ATTEST:
lONY
CITY CLERK
Ordinance No. 1965
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Ordinance No. 1965 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on October 3, 2018, and adopted at a
regular meeting held on October 17, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of Of 4c»ioe_>r
"HONY J
CITY CLE