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HomeMy WebLinkAbout05/04/23 SAFE HEALTHY NEIGHBORHOODS AMENDED SPECIALMMTHE SOUND, OF: Staff: Christian Clegg, City Manager Kevin Truelson, Assistant to City Manager Committee Members: Councilmember, Eric Arias, Chair Councilmember, Patty Gray Councilmember, Manpreet Kaur Amended Special Meeting of the Safe and Healthy Neighborhoods Committee of the City Council - City of Bakersfield Thursday May 4, 2023 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 AGENDA 1. ROLL CALL 2. PUBLIC STATEMENTS a. Agenda Item Public Statements b. Non -Agenda Item Public Statement 3. ADOPT MARCH 2, 2023, AGENDA REPORT 4. REPORTS 5. DEFERRED BUSINESS 6. NEW BUSINESS A. Update on CaIVIP: Problem Analysis for Committee discussion and feedback. (Informational item; staff recommends receive and file.) B. Update regarding CaIVIP Program for Committee discussion and feedback. (Informational item; staff recommends receive and file.) C. Consideration and direction regarding Tobacco Retail Permit Ordinance. (Staff recommends Committee receive and file and provide direction.) 7. COMMITTEE COMMENTS 8. ADJOURNMENT Wi Staff: Christian Clegg, City Manager Kevin Truelson, Assistant to City Manager Committee Members: Councilmember, Eric Arias - Chair Councilmember, Patty Gray Councilmember, Manpreet Kaur Special Meeting of the Safe & Healthy Neighborhoods Committee of the City Council - City of Bakersfield Thursday, March 2, 2023 12:00 p.m. City Hall North, First Floor, Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 Agenda Summary Report Meeting called to order at 12:05 p.m. 1. ROLL CALL Committee members present: Councilmember Eric Arias Councilmember Patty Gray Councilmember Manpreet Kaur City Staff: Christian Clegg, City Manager Scott Andrews, Assistant City Manager Kevin Truelson, Crystal Rubio and Brianna Carrier, Assistants to the City Manager Emily Searson, City Manager's Office Elizabeth Villanueva, Deputy City Attorney I Greg Terry, Chief of Police Brent Stratton, Assistant Chief of Police Robert Pair, Police Sergeant Greg Strakaluse, Public Works Director Julie Drimakis, City Clerk Additional Attendees: Members of the Public and other City Staff. 2. PUBLIC STATEMENTS a. Agenda Item Public Statements 1. Karina Funez spoke regarding item 6.c. 2. Patsy Romero spoke regarding item 6.c. 2. PUBLIC STATEMENTS continued b. Non -Agenda Item Public Statements None. 3. ADOPTION OF THE DECEMBER 12, 2022, AGENDA SUMMARY REPORT Motion by Councilmember Gray, seconded by Councilmember Kaur to adopt the December 12, 2022, Agenda Summary Report. Motion unanimously approved. 4. REPORTS None. 5. DEFERRED BUSINESS None. 6. NEW BUSINESS A. Police Response Time Strategy. Police Chief Terry provided staff comments and PowerPoint Presentation. Councilmember Arias requested the Police Response Time Strategy presentation be given to the entire Council. B. SpidrTech Police Survey Response data. Committee Members requested the item be tabled to the next committee meeting. C. Blue Zones Tobacco Summit Recommendations. City Manager Clegg provided staff comments. Committee provided direction regarding sending tobacco retail license to Council and further analysis of other recommendations be brought back to the Committee. D. Approval of 2023 Committee Calendar. Motion by Councilmember Kaur, seconded by Councilmember Gray to adopt the Safe and Healthy Neighborhoods Committee 2023 Calendar. Motion unanimously approved. 7. COMMITTEE COMMENTS None. Safe Neighborhoods & Community Relations Committee Special Meeting March 2, 2023 Page 2 8. ADJOURNMENT The meeting was adjourned at 1:40 p.m. Eric Arias, CHAIR SAFE NEIGHBORHOODS AND COMMUNITY RELATIONS COMMITTEE ATTEST: JULIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Safe Neighborhoods & Community Relations Committee Special Meeting March 2, 2023 Page 3 CL c4l Now CLOLAI MOM }' U tisti�n�rn . — C:L cn O O Q cn N L S11,00 0- M .CU m 0 co U of lil L -.� =a 0 L am d m O i 0 0 L v Co E ca U � L -0 (� N (� O 0 N 4-0p N � N '> U CD N '� cu Co O ._ O .E N L :3 CO� L - _a) Q j O -EL- � N N V E0 a) m co +-0 _ Q O U N N N w cn '— N .� :3 Cl- :cn CD �=� D m a)o m (D(Dco � C6 E ' V to � f+ Co �.2)0� N N O N U > LI.- .p N p p p � a)c p 4-0 to Q .0 U E E > O N N N 0 ,U E cn cm cn (D a) (n �; a) a--+ Q '� N = =3 : _ O .0 > O _ '� O N 'U co '� .0 cn aj O m _ N � � N C6 •� O O U cn }' U O cn � O � CY) o—_ � o o� o•� 0) O Q — O L N O a) > }' � V O a) � O> � � a) N � � cn .— N ( I a �' — '��� � }; •� a) Q L X� a)� N }, � O O O .ate �, += _ X cn > • U =3 'cn oN }' ca CDca .� •� O co a)E cm N T N O N 1 N O Q N 4� C� E O 4� 0 ti 0 CD CD CD CD to to V M N N N O N I M T O N ■ U) 4) 13 ■ ■ E O m 11 O M M N M T M Iq N PIE ti T OT t0 In M N N 4i Ir- ■ 00=011% r. 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AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING TITLE 8 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HEALTH AND SAFETY TO ADD CHAPTER 8.59 RELATING TO THE REQUIREMENTS FOR TOBACCO RETAILER'S PERMIT. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Title 8 of the Bakersfield Municipal Code is hereby amended to add Chapter 8.59 to the Bakersfield Municipal Code to read as follows: Title 8 HEALTH AND SAFETY Chapters: • 8.04 Transfer of Health Functions 8.08 Milk • 8.12 Meat and Fish Peddlers • 8.16 Ice Cream Trucks • 8.24 Termite -Infested Wood • 8.27 Property Maintenance • 8.28 Weeds and Debris 8.29 Litter Control 8.30 Distribution of Printed Matter to Residential Property • 8.31 Placement of Advertising Materials on Private Motor Vehicles • 8.32 Solid Waste/Recyclable Materials/Organic Waste • 8.34 Industrial Stormwater • 8.35 Stormwater System • 8.36 Irrigation Canals 8.38 Groundwater Recharge Basins Operation of Motorized Watercraft Prohibited • 8.40 Smoke Abatement • 8.44 Fireworks • 8.48 Electrical Appliances • 8.52 Resale of Returned Merchandise • 8.56 Smoking on Buses 8.58 Tobacco Use Prevention ® To cco e filer's Per it • 8.60 Certified Unified Program Agency • 8.70 Regulation of Wells and Water Systems • 8.80 Abatement of Public Nuisances - Page 1 of 3 Pages - 0 8.85 Assessments Related to Abatement of Public Nuisances a 8.90 Land Application of Biosolids A514 n R I �rW )Illit r I n in n �Enforckment This Ordinance codified in this Chapter shall be known as "Tobacco Retailer's Permit." person from act -tincLaiajt --_ =c k acm retailer without first obtaining and maintaining a valid tobacco retailer's permit and to set forth the terms and conditions o obtainin the rmit Dublication entitled "Kern Code, Title 8 -Health and Safety, Char)ter 8.60 - Tobacco Retailer's Permit" as ad lopted and amended through Ordinance No. G- WRIMMImm- 111, MEMO C i t �Cl e rL. nd the County is ra onsi�blefo�rthe caomaal ood -myacotimj of within the-Citv SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days after the date of its passage. - Page 2 of 3 Pages - HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ELIZABETH VILLANUEVA Deputy City Attorney EV/ag S:\C0UNCI L\Ords\22-23\8.59.KCTRP.Courty-Rd1.docx ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR JULIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 3 of 3 Pages - Title 8 - HEALTH AND SAFETY Chapter 8.60 TOBACCO RETAILER'S PERMIT Chapter 8.60 TOBACCO RETAILER'S PERMIT 8.60.010 Definitions. As used in this chapter: A. "Department" means the Kern County public health services department. B. "Director" means the director of the department or his or her designee. C. "Person" means any natural person, partnership, cooperative association, domestic or foreign corporation, receiver, trustee, assignee, or any other legal entity. D. "Tobacco product" means any product that contains tobacco, is derived from tobacco, or contains synthetically produced nicotine and is intended for human consumption. "Tobacco product" includes electronic smoking devices(s) and electronic smoking device paraphernalia, but does not include any product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. E. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps as defined in Section 308 of the California Penal Code, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or ingestion of tobacco products. F. "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, smoking paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia. This definition applies regardless of the quantity of tobacco, tobacco products, smoking paraphernalia, electronic smoking devices, or electronic smoking device paraphernalia sold, offered for sale, exchange, or offered for exchange. "Tobacco retailing" means engaging in any of these things. G. "Newly established business" means a business which was not engaged in tobacco retailing within the county of Kern during the immediately preceding permit renewal period. H. "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 of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter, is not an arm's length transaction. I. "Smoking paraphernalia" means tobacco paraphernalia, electronic smoking devices, and electronic smoking device paraphernalia. J. "Electronic smoking device" means an electronic and/or battery -operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substance. "Electronic smoking devices" include any such electronic smoking device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "Electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease. Kern County, California, Code of Ordinances (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 1 of 8 K. "Electronic smoking device paraphernalia" means cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of electronic smoking devices. L. "Tobacco retail facility low risk" means a tobacco retail facility that has not been determined by the department to have violated the provisions of Section 8.06.090 in the previous five (5) years. M. "Tobacco retail facility moderate risk" means a tobacco retail facility that has been determined by the department to have violated the provisions of Section 8.06.090 one (1) time in the previous five (5) yea rs. N. "Tobacco retail facility high risk" means a tobacco retail facility that has been determined by the department to have violated the provisions of Section 8.06.090 two (2) or more times in the previous five (5) years. (Ord. G-7724 § 2, 2008; Ord. G-7455 § 2 (part), 2006) (Ord. No. G-8006, § 34, 1-26-10; Ord. No. G-8495, §§ 2-4, 7-15-14; Ord. No. G-8586, §§ 2, 3, 8-11-15; Ord. No. G- 8763, §§ 2, 3, 4-17-18) 8.60.020 Requirements for tobacco retailer's permit. A. It shall be a misdemeanor for any person, within the county, to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's permit, pursuant to this chapter, for each location at which that activity is to occur. No permit will be issued to authorize tobacco retailing at any place other than a fixed location; peripatetic tobacco retailing and tobacco retailing from vehicles are prohibited. B. Each day that a person offers tobacco products for sale or exchange without a valid permit shall constitute a separate violation. C. A tobacco retailer without a valid tobacco retailer's permit, including a person whose permit has been suspended or revoked: Shall not keep any tobacco products at the regulated facility. The public display of tobacco products in violation of this provision shall constitute tobacco retailing without a license under this section. Shall not display any advertisement relating to tobacco products that promotes the sale or distribution of such products from the tobacco retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. D. This section shall become operative July 1, 2007. (Ord. G-7724 § 3, 2008; Ord. G-7455 § 2 (part), 2006) 8.60.030 Application procedure. Application for a tobacco retailer's permit shall be submitted to the department in the name of the person proposing to conduct retail tobacco sales and shall be signed by each person or an authorized agent thereof. Each person shall be responsible for reviewing the conditions of conducting retail tobacco sales within the county and shall agree to abide by these conditions by signing the application under penalty of perjury. All applications shall be submitted on a form supplied by the department and shall contain the following information: A. The name, mailing address and telephone number of the applicant; (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 2 of 8 B. The business name, address and telephone number of each location for which a tobacco retailer's permit is sought. C. A single name and mailing address to receive all communications and notices required by or authorized by this chapter. If such address is not provided, each permitee shall be understood to consent to the provision of notice at the business address specified in subparagraph 2 of this section. D. Proof that the location for which a tobacco retailer's permit is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. E. Such other information as the department deems necessary for the administration or enforcement of this chapter. F. Verification that the permitee has undertaken a training program in the laws relating to the sale of tobacco products in California as provided by or approved by the County's Public Health Services Department. An application for a tobacco retailer's permit must be obtained by a newly established business on or before the last day of the month following the month in which the business started. All information submitted as part of the application process shall be updated with the department whenever the information changes. A tobacco retailer shall provide the department with any updates within ten (10) business days of a change. (Ord. G-7724 § 4, 2008;Ord. G-7455 § 2 (part), 2006) 8.60.040 Issuance of permit. A. The permit shall state on its face: 1. Legal owner, 2. Any fictitious business name used by the owner, 3. Business address, 4. Date permit issued, 5. Permit number. B. Upon the receipt of an application for a tobacco retailer's permit, the department shall issue the permit, subject to Section 8.04.050 of this chapter and verification by the department that there is no substantial record of evidence that demonstrates one of the following bases for denial: 1. The information presented in the application is incomplete, inaccurate or false; or 2. The application seeks authorization for tobacco retailing by a person or at a location for which a suspension is in effect; or 3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code or any other applicable law. 4. The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of a permit. However, this subsection shall not constitute a basis for denial of an application if the applicant provides the department 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. (Ord. G-7455 § 2 (part), 2006) (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 3 of 8 8.60.050 Display of permit. Each permittee shall prominently display the permit at each location where tobacco retailing occurs. The permit shall be posted at or near each entrance to the retail facility used by its patrons or in a conspicuous place approved by the director. The permit shall not be defaced, marred, camouflaged, hidden, or removed. (Ord. G-7455 § 2 (part), 2006) (Ord. No. G-8586, § 4, 8-11-15) 8.60.060 Fees for permit. The environmental health permit fee for each establishment, business or activity shall be established by uncodified ordinance. (Ord. G-7455 § 2 (part), 2006) (Ord. No. G-8586, § 4, 8-11-15) 8.60.070 Renewal of permit —Delinquency. Renewal of the tobacco retailer's permit shall be subject to the provisions of Sections 8.04.060 and 8.04.190 of this Code. (Ord. G-7455 § 2 (part), 2006) 8.60.080 Permits not transferable. A tobacco retailer's permit is non -transferable. If a new person acquired a business engaged in tobacco retailing, that person must apply for a new permit on or before the last day of the month following the month in which the tobacco retailing business is acquired. The transferee of the permit must apply for a permit in the transferee's name before acting as a tobacco retailer. Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) The location has been fully transferred to a new owner or fully transferred to entirely new owners; and (2) The new owner(s) provide the county with clear and convincing evidence that the new owner(s) have acquired or are acquiring the location in an arm's length transaction. (Ord. G-7455 § 2 (part), 2006) 8.60.090 Administrative violations. A. The violations set forth in this section are cumulative to, and in addition to, any other violations of state or local law and shall be punished as specified in Section 8.60.100. B. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a permit is issued, it shall be a violation of this chapter for a permittee, or any of the permittee's agents or employees, to: (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 4 of 8 1. Violate any local, state, or federal law applicable to tobacco products or tobacco retailing; 2. Sell or transfer a tobacco product to another person who is under the age of twenty-one (21) years; 3. Sell or transfer a tobacco product to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm the recipient is at least the minimum age under state law to purchase and possess the tobacco product. 4. Sell or permit the sale of controlled substances, dangerous drugs, or synthetic drugs. Successive sales over any continuous period of time shall be deemed evidence of permission. As used in this section, "controlled substances" includes any substance defined as a "controlled substance" either by Article 1 (commencing with Section 11000) of Chapter 1 of Division 10 of the California Health and Safety Code or by the federal Controlled Substances Act (21 U.S.C.A. section 801 et seq.). "Dangerous drugs" has the same meaning as is given to that term in Article 2 (commencing with Section 4015) of Chapter 9 of Division 2 of the California Business and Professions Code. "Synthetic drugs" includes any substance defined as a "synthetic drug" by Chapter 9.44 of this code or regulated by one (1) of the California Uniform Controlled Substances Act's synthetic drug laws (California Health and Safety Code Sections 11357.5, 11375.5, 11401). C. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (Ord. G-7724 § 4, 2008: Ord. G-7455 § 2 (part), 2006) (Ord. No. G-8603, § 2, 11-3-15; Ord. No. G-8645, § 2, 6-14-16) 8.60.100 Administrative penalties. A. Upon a determination by the department that a person has engaged in any conduct that violates the provisions of this chapter, the director may suspend a tobacco retailer's permit, impose administrative penalties, or both suspend the permit and impose administrative penalties. B. The department shall notify the tobacco retail facility owner that there has been an initial determination of violation under the provisions of this chapter. The initial determination notice will specify the violation and the sanction imposed, including the effective date of the suspension, if applicable. The notice shall further state that the tobacco retail facility owner may, within fifteen (15) days, submit to the department any written or documentary evidence to contest the initial determination of violation. C. An administrative review board shall hear the appeal of the initial determination of violation. The administrative review board shall consist of (1) the assistant director of public health or his or her designee, (2) the environmental health director or his or her designee, and (3) the chief environmental health specialist or his or her designee. Within fifteen (15) days from the tobacco retail facility owner's submission to the department of its evidence to contest the determination of violation, the administrative review board shall hear the appeal. The administrative review board shall decide the appeal by majority vote and shall report its decision and findings in support thereof to the director in writing. D. After receiving the report of the administrative review board, the director shall prepare a final written decision, including the determination of violation and any sanctions or penalties under paragraphs (E) and (F) of this section, and shall serve this decision upon the tobacco retailer. Upon written request, the offender shall have the right to receive copies of any records or files upon which the administrative decision is based. This final determination shall be served through certified mail within sixty (60) days of the final determination. E. When this chapter permits the director to suspend a permit, the following sanction may be imposed: (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 5 of 8 1. For the first violation in any five-year period, the tobacco retailer shall receive a notice of violation from the department. 2. For the second violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to thirty (30) days. 3. For a third violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to ninety (90) days. 4. For a fourth or subsequent violation in any five-year period, the person's tobacco retailer's permit shall be suspended for up to one hundred eighty (180) days and/or revoked. F. When this chapter allows the director to impose an administrative penalty, the following penalty may be imposed: 1. For the first violation, a penalty in the amount of two hundred fifty dollars ($250.00); 2. For the second violation within five (5) years from the date of the first violation, a penalty in the amount of five hundred dollars ($500.00); 3. For the third and each subsequent violation within five (5) years from the date of the first violation, a penalty in the amount of one thousand dollars ($1,000.00). G. Upon determination by the department that a tobacco retailer has violated any provision of this chapter and that the tobacco retailer did not violate any provision of this chapter in the five (5) years immediately preceding the violation, the director may suspend the imposition of any sanction under subsection (E) or penalty under subsection (F) for a period of six (6) months. 1. Within fifteen (15) days of the director's decision to suspend the imposition of any sanction or penalty pursuant to this subsection, the tobacco retailer shall pay a fee of five hundred dollars ($500.00) for the cost of inspections during the six-month period. Failure to pay this fee shall immediately restore the imposition of any sanction under subsection (E) or penalty under subsection (F). 2. During the six-month period, the department shall inspect the tobacco retail facility for compliance as deemed necessary by the department. 3. A determination by the department that the tobacco retailer has engaged in any conduct that violates the provisions of this chapter during the six-month period shall restore the imposition of any sanction under subsection (E) or penalty under subsection (F) immediately and without further right to appeal. 4. If and only if the tobacco retailer completes the six-month period without violating the provisions of this chapter as determined by the department, the sanction under subsection (E) or penalty under subsection (F) previously imposed shall be permanently stayed. (Ord. G-7724 § 5, 2008; Ord. G-7455 § 2 (part), 2006) (Ord. No. G-8586, §§ 4, 5, 8-11-15; Ord. No. G-8763, § 4, 4-17-18) 8.60.110 Right to administrative review and procedures. A. The tobacco retailer shall have the right to appeal the decision of the department to the board of supervisors. To obtain a review of the final determination, the tobacco retailer must file with the clerk of the board of supervisors within fifteen (15) days of the date of the final determination, a written request for a hearing. The timely filing of a request for hearing shall hold in abeyance any license suspension until the administrative review is heard and decided. (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 6 of 8 B. If a review is requested, the clerk of the board of supervisors shall provide written notice, within thirty (30) days of its receipt of the request, to the tobacco retailer of the date, time and place of the hearing on the appeal. C. At the time fixed in the notice, the board of supervisors shall proceed to hear testimony from any interested person regarding the specified violation deemed by the department to be the basis for the proposed administrative penalty, and any other matter which the board of supervisors may deem pertinent thereto. D. Upon the conclusion of the hearing the board of supervisors will make a determination based on the evidence presented at the hearing, and may impose a suspension penalty without regard to the limits in Section 8.60.100. E. The decision of the board of supervisors shall be final. (Ord. G-7455 § 2 (part), 2006) 8.60.120 Youth decoys. The county shall not enforce any law establishing a minimum age for tobacco purchases or possession 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 of the county; or B. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the department or the California Department of Public Health. (Ord. G-7455 § 2 (part), 2006) (Ord. No. G-8586, § 6, 8-11-15) 8.60.130 Inspections. A. 1. The director, his agent, any employee of the department, peace officers listed in Section 830.1 of the California Penal Code, and those officers listed in Section 830.6 of the California Penal Code while acting in the course and scope of their employment as peace officers, upon presenting appropriate credentials, may enter any location described in paragraph (3) and may conduct inspections in accordance with the following paragraphs for the purposes of enforcing any provision of this chapter. Inspections shall be performed in a reasonable manner and at times that are reasonable under the circumstances, taking into consideration the normal business hours of the place to be entered. Inspections may be at any location operating under a tobacco retailer's permit. Inspections shall be requested or conducted no more than once in a twenty -four-hour period. B. Refusal to allow an inspection under this section is a violation of this chapter subject to administrative penalties and permit revocation under Section 8.60.100 and is punishable as a misdemeanor. (Ord. No. G-8603, § 3, 11-3-15) (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 7 of 8 8.60.140 Severability. If any subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state or federal legislation, that decision or legislation shall not affect the validity of the remaining portions of this chapter. The board of supervisors declares that it would have passed this chapter and each and every subsection, sentence, clause, or phrase not declared invalid or unconstitutional notwithstanding any such decision or legislation. (Ord. No. G-8603, § 3, 11-3-15) (Supp. No. 55, Update 1) Created: 2023-03-29 17:00:39 [EST] Page 8 of 8 Exhibit C ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING TITLE 8 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HEALTH AND SAFETY TO ADD CHAPTER 8.59 RELATING TO THE REQUIREMENTS FOR TOBACCO RETAILER'S PERMIT. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Title 8 of the Bakersfield Municipal Code is hereby amended to add Chapter 8.59 to the Bakersfield Municipal Code to read as follows: Title 8 HEALTH AND SAFETY Chapters: • 8.04 Transfer of Health Functions 8.08 Milk • 8.12 Meat and Fish Peddlers • 8.16 Ice Cream Trucks • 8.24 Termite -Infested Wood • 8.27 Property Maintenance • 8.28 Weeds and Debris 8.29 Litter Control 8.30 Distribution of Printed Matter to Residential Property • 8.31 Placement of Advertising Materials on Private Motor Vehicles • 8.32 Solid Waste/Recyclable Materials/Organic Waste 8.34 Industrial Stormwater • 8.35 Stormwater System • 8.36 Irrigation Canals 8.38 Groundwater Recharge Basins Operation of Motorized Watercraft Prohibited • 8.40 Smoke Abatement • 8.44 Fireworks • 8.48 Electrical Appliances • 8.52 Resale of Returned Merchandise • 8.56 Smoking on Buses 8.58 Tobacco Use Prevention ® To cco eailer's Per it • 8.60 Certified Unified Program Agency • 8.70 Regulation of Wells and Water Systems • 8.80 Abatement of Public Nuisances • 8.85 Assessments Related to Abatement of Public Nuisances 8.90 Land Application of Biosolids Page 1 of 12 A. State law prohibits the sale or furnishing of cigaretbesjobacco roducts and smoki s of a e exce t active duty military personnel who are 18 years of age or older (California Penal Code 308)= B. State low rpq,jrpz that tobacco retailers check the identification of tobacco ourchasers who reasona a oear to be under 21 N/ears of a for using persons under 21 years of age to conduct onsite com Hance checks of tobacco retailers (California Business & Professions Code §=22=9=5=2j= C. 11 oducts to anyone under 21 years of ac e is ille aill [California Business & Professions Code § 22952 —CariforNia Rang =IL2dQ=LaM D. State law grohibits the sale or dislola of cinarettes through a self-service dislola and lorohibits public access to cigarettes without the assistance of a clerk (California Business & Professions Code � 22962). E. State law prohibits the manufacture distribution or sale of cigarettes in acka es of less than 20 and prohibits the manufacture, distribufion or sale of "roll -your -own" tobacco inDpack packages containing— I--- than six -tenths of an ounce of tobacco (California Penal Codr, & "%^n �1 Page 2 of 12 F. State law prohibits public school students from smoking tobacco rroducts while on cam us, while attending school -sponsored activities, or whlie--und r the� I =Y e LCaffordo Education Code 48901(all_ G. The City has a substantial interest in promotinc comloliance with —federal statea and local laws intended to regulate tobacco sales and uses in ears of age in rromoting compliance with laws prohibiting sales of cigarettes persons under 21 years of aae, and in rrotecting youth and uderseryed tions from the harms of tobacco use. H. State low authorizes local tobacco retailer licensing =LgW5=jg=provide =for the i suspension or revocation of the local tobacco retailer oermit for an violation of a state tobacco control law (California Business & Professions Cade P 229�71. 1. —unduly urderr- other tobacco products to adults. It ill, however,allow the city to mg elate th Aeration of lawful businesses to discourage violations of federal�state and local tobacco -related laws. The purpose of this chapter is to encourage le tobacco retailing =gadto discourage violafions of tobacco -related laws especially those that prohibit or discourage the sale or distribution of tobacco products tominors,but not to expand or reduce the degree to hick the acts regulated by federal or state la are criminally proscribed or to alter theoenrovided for violations. A. As used in this charter, the folly inch words and phrases shall have the m—iniC j given the in this section, i re uires otherwise- "Arm's lennth transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market i between two informed and willina oarties neither under ainy co"I'm u sion to en relative—s related companies or rtners, or a sale for th OUI, ose of avoiding the effect of the pa -e jorirnar 1111 rp ------------------------ violations of this chiiialoter that occurred at the locat[g����, be an "arm's length transaction." Page 3 of 12 C. "Characterizing flavor" means a taste or aroma other —than the taste or aroma of tobacco imparted ion of a including, tut net limited t®., tsetse ear aromas r�latin to m�ntc�l, mints. winterame—n, fruit, chocolate vanilla hone", candy, cocoa, alcohol bevergge, harks �r �i D rl ri SL . "City man, er" means the cit manager of the c or his or her de 'cInee. E. "Flavored tobacco oroduct" means any tobacco product that imparts a characterizing flavor. F. "Permit" means a tobacco retailer permit issued b / the city pursuant to Cho ter. G. "Proprietor" means a oerson with an owners 1p or managerial interest in a business. An o nersip interest shall be deemed to exist hen aaerson has a I 0,'FC: 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 has or n have —solo —Q r shared over the da) -to-day olperations of a business. HI . "Tobacco p,,,roduct"means: m tobacco or nicotine that is intended for human consuimption, whether smoked —heated chewed any ther means i o includiiing, but not limited cigars, chewing tobacco —Me tobacco, or —snuff- 1-1. An electronic device that delivers nicotine or other vrToorizr-_' udin but not limited to an electron il rigar. p 3. not sold separately, aCoduct �tthha�tthhai—baen r A mini tr ti n f r I as a tobacco cessation groduct or for other theraloputic pUMoses where the oroduct is marketed and sold solely for such arnni roved I ------------------------------------ MA 1. "Tobacco looraghernalia" means any item designed or marketed for the consumption, use, or oreoaration of a tobacco product. - I "Tobacco retailer" means env person wh offers for,alea exchangese or offers to exchange for a o tobacco Page 4 of 12 products, or tobacco paraphernalia itout regard to the auantity sold,. offered far sale, exchanged, ar offered far exchhgngeo K. tobacco araohernalia without regard to the quantity, offered for sale excan� ,, car offered for pxcana�°°. A. It shall be unlawful for any person to act as a tobacco retailer without a valid permit for each location at which tobacco retailing is to occur, No Hermit ill be issued to authorize tobacco retailing at ether than a fixed location. No. permit will be issued for tobacco retailing on foot or from, vehicles. 1. Nothi in this Ch oter shall be construed to grant an person obbaid as a tobacco retailer at the location in the City identified on the -face of the peLmd,=�� r I ti n n r in n made-ap-rAlicable to business establishments by California Labor Code-S 6404.5. M, 41111,4M 3_111�#;�� All aoolications for a oermit shall be submit -led to the city manaaer in the name of each orolorietor proposing to conduct tobacco retailing and shall be signed by each roprietor or an authorized agent thereof. A proprietor proposing conduct tobacco retailing at more than one location shall submit a se- ara e licc�tion for each lacatiar�. verapplicatian shall be submitted on a for =q su lied by the city r�anac�er and shall contain the following information- A.The name, address, and tale hens number of each r rie t r° B.The business named address, and tale hens number of the fixed location for which a PQEMULsou_ ht° C. Whether or not any r"-,--,-,tor has oreviously been issued a permit pursuant to this Chapter that is, or was at any time> suspended or revoked and if so the dates of the suspension period or the date of revocation; and D. Such other information as the city manager de ems necessary for the administration or enforcement of this chanter. Page 5 of 12 A. olication fora oermit and the rinolicabl- hermit fee, the city managg. III g�h I issue unless. 1. The alication is incomplete or inaccurate, 2. cco retailing at an address d has been revoked or is iolation of an a owever this sub ara ra h shall not constitute a basis for denial of a permit if either or both of the following=ap "M a. The ===appo11icont provides the With documentation demonstrating that the applicant has a,"""""",--uired or is acquiring e �aremises or lousiness in an armWs length trgnsgctican,_ b. It has been more than five years since the most recent pqrmi for 3. ThB —a )I it ) )ri tiQn for zD—Letdirin local. state. or federal La w.- or mum C. When the city manager does not orove a oermit or renewal of the city manager shall notify the aoolicant of the sc)eciff -rounds for the denial in writing. The notice of denial shall be served personally or h\/ mail not later than ten calendar days after the date of the denial. If key moil the Page 6 of 12 1; � postage I � notice shall be laced in a sealed envelope, wil, ii oost 1 i oaid addressed to the applicant of notice shall be deemed corn late at the time of deposit f thei n th time for an ---,--)n. In lieu of mailing, the notice may be servedby deriverin to the be served and service shall be deemed time co Mete the fim �ofmh ma m liverlivery cif the notice to any person desi edure to be served for the corporation with summons and complaint in a civil action. ULQMi t f r itm visibleEach permit shall be prominently displayed in a publicly location at the permitted premises, (Ord, 2�004-0�13 a e Per it feet The fee for issuance or renewal of a permit shall be established by resolution of the Cit in c nojnrafiQn tax and mother lic�rse or hermit fete imposod may this codes u on the a�2 licant. The permit fee shall be paid to the pity at the time the permit application is submitted. ®5 �rrWlt �nntr �nf �rl Q A permit is nontransferable, If a for changg§, business location, that roprietor must obtain a new permit prior to acting s a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing is so e new owner must obtain, a joerrnit for that location before acting as a tobacco retailer. : rl 1 ninx A. It is a violation of , oermit for a proprietor or his or her agents or em ees roducto There IreduttakaI manufacturer or its agents or employees has made g public statement or including, but not limited to, text color or images n the product's labeling or ackac in that are used to ex : ressl or i'm liedly communicate that a tobacco product has a characterizing flavor. B. It is a violation of n permit for a proprietor or his or her agents or employees to violate any local, or federal tobacco -related law. A. In addition to any other remedy authorized by law, gpermit shall be suspended or revoked as provided in this section, if the citymanagerfinds Page 7 of 12 that the proprietor or his or her agents oremloloyees has or have violated any of the provisions of this chapter; provided, however, - yer-pviolations b_ m I t in t other la i�fi n�f that am, a prior roprietor at a permitted location be accumulated against a new r r�rietor at the same location: mn-any five -veer period, the permit shell be ded for 30 days. HO �ffll" I 3.Uraon a finding by the cit manager of a third permit violation within anv wive-yegr period, the permit shall ke revoked. B. Notwithstanding section 8.59.11 OA, r1i Dermit shall be revoked if the city manager finds that either one or both of the following conditions exist: 1 e One or more of the bases for denial of a permit under section 8.59.060A existed at the Limo aolicatian as made r at an time fore the permit as issued: 2. The information contained in the to be false in any material LaWect. C. In the event th,- rit\l --- ---- -- -- - ­ ends or revokes a permit, written notice of the suspension or revocation shall be served uloon tDhile joroprietor within ten days of the suspension or revocation in the mannef-Drescribed in section 8.59.060C. The notice shall contain: I A brief statement of the specific grounds for such suspension or revocation-, 3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative aooeal hearing, and the suspension or revocation will be final. D. is in effect or whose permit has been revoked must cease all tobacco retailing, and remove all tobacco Page 8 of 12 A. Any olicant or r orietor the decision of the city manaaer in enIna, submitting days from the date of service of the notice of denial sus ension or revocation. Th:!::: f the City Council. The written LD =p Qeal shall contain: 1. A brief statement in ordinary and concise language of the macd1kc action brotested, together it and material facts claimed to su or the contentions of the rinnii-Iii- 2. A brief statement in ordinaN and concise laagvgge=,o��f he rotested action should be reversed or otherwise set a—side- 3m and their official m irin addresses �n ml—q=a� 4. one a oellant as to the truth of the matters stated in the a eal. 9. The conducted by a hearing officer gapgLinted C. Failure of any person to file a timely aipgfaalin �acco�rdqn�cewtithfte �arovisions of this section shall constitute an irrevocable waiver of the: ririht to an administrative hearing and a fin =�a d�ud i cgfio n �f the notice ce and order, or ainy-portkon of the notice and order. 7 Only those matters or nt in the- =q rin f the a eal. E.�n sus ensign or revocation of a_ermit shall best. ed c�urin_ the LLIlad-purs nt=t this section. A. At the time set for egrjna, the hearing officer shell oroceed to hear the testimony of the city manager, and the )ellant resoecting those matters or issues specifically listed l f a ea t the ellant in the notice o YMM��M 11. The l2rocee ed. Either aintain a th oroceedin is at the party's own e�ns%. Page 9 of 12 C. The hearing officer mi, upon r uest of the ellant or uaon request the city manac er, grant continuances from time to time for aood cause she =wn �r �nhi �r her oven �fin . D . r to administer oaths and affirmations and to certify to official acts. A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. California Government Code section 1-1513 I i if � I i subdivisionsand I shall aaaly to hearings under this Cho fer. C. Irrelevant and unduly rpnetitious evidence shall be excluded. D. Each party shell have these righted among ethers: I . Ta cell end exa fine wifnesses an any matter relevant to fhe issues of the hearing., 2. 3. To cross-examine .g����DO�SlAtnesses onLganly=mma�tter �relev�ant to �the issues of the hearina.- 4.To imraeach any witness regardless of which warty first called the witness to testify; S. To rebut the evidence oresented against the d 6, To represent himself or herself or to be represented by=anyone =gLhis .Z her choice who lawfullyis cr% fermi 1 � r�! d to E. r submission of the case for decision, of any fact that a:;:: 1--)ID judic noticed by the courts of this state or that ma pear in any of the official t A. If it is shown b i or oonderance of the evidence, that one or more bases 0 ZW ex r revoke the i the hearing officer shall affirm the city manaaer's decision to deny, sus end, or revoke the �erg�it. �The decision of the hearing of fact and a determination of the issues aresented. Page 10 of 12 4. The decision shall inform the a oellant that the decision is a final decision and that an\/ loe rso niiipi(����I_q g ri eve c:l !::clz an administrative decision of a hearino tiv i i n filin titi n timelines an rovisions set forth in California Government Code Section liv r t th rti r n 11 shall be final when, d by the heari officer and served aS-provided in this section. 91M Elm M11 MWM MING I=sol this boater or anv Dart thereof is far csnv reason held to be unconstitutional or invalid or ineffective b anv court o competent �urisdictior�, that decision shall not feet the validit or effectiveness cif the rerr�ainina_�ortior�s of this �cs ter car anv part thereafm The pity �auncil hereby declares that it would have 110assed each section, subsections subdivision pc�racrap -sentence dausear phrase thereof irrespective of the fact that any one or more subsections, subdivisions araarr��ahs, sentences, clauses, ar ses be declared unconstitutional, or invalid -oCineffecfive Page 11 of 12 SECTION 2. This Ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective thirty (30) days after the date of its passage. HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney MI- ELIZABETH VILLANUEVA Deputy City Attorney EV/ag S:\C0UNCI L\Ords\22-23\8.59.KCTRP.City-Rdl.docx ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR JULIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 12 of 12 BAKERSFIELD THE SOUND OFe 6eer CITY CLERK'S OFFICE MEMORANDUM May 2, 2023 TO: COMMITTEE MEMBERS FROM: JULIE DRIMAKIS, CITY CLERK SUBJECT: COMMITTEE MEETING OF MAY 4, 2023, AGENDA Item 6.c. — Tobacco Retail Permit Ordinance Correspondence was received from Lynda Barbour, American Cancer Society Cancer Action Network and Charmene Vega, Mama Vega Enterprises. Attachments Ir Public Health and Safety Commission City of Bakersfield ups can Cancer ASociety 1600 Truxtun Avenue Bakersfield, CA 93301 Cancer Action Network"' April 28, 2023 Dear Councilmembers Arias, Gray, and Kaur: The American Cancer Society Cancer Action Network's mission is to end suffering and death from cancer, and we are committed to advancing that mission in California. We understand that recently, Kern County Public Health conducted youth decoy operations in Bakersfield where 47% of the retailers sold tobacco to people under the legal sale age, making the adoption of a comprehensive tobacco retail license, also known as a TRL, a critical public health measure that is needed as soon as possible. We are in support of this effort and write to provide some important components for your consideration. A tobacco retail license is an effective strategy to reduce access to tobacco, especially youth, by holding retailers that sell illegally accountable for their actions. The implementation of a TRL ensures that all retailers that sell commercial tobacco products, including e-cigarettes, are required to obtain and maintain a valid tobacco retailer license. It is critical that you adopt a comprehensive tobacco retailer licensing (TRL) policy that includes fees that are sufficient for sustained enforcement. The fee for the license provides cost recovery for the implementation of effective, equitable enforcement of state and local commercial tobacco control laws that hold businesses and other industry actors accountable for violations. It is important that the law include meaningful and graduated penalties, including suspension and eventual revocation of the license for retailers who have repeated violations. Studies of other California cities find that strong tobacco retail licensing with consistent and rigorous enforcement not only lowers the illegal youth sales rate at stores, but also reduces the odds that underage people in a city will be current tobacco users or ever try tobacco in the first place. This committee could recommend adoption of Kern County's ordinance, an effective TRL program that includes an annual license fee high enough to recover the cost of administration and enforcement, annual compliance checks, and escalating penalties on the owner/operator for violations. Commercial tobacco control laws and policies, like the TRL, are first and foremost public health measures. By adopting this TRL and allowing the Kern County Public Lynda Barbour, MPH, Sr. Director, Government Relations, PO Box # /SanDiego, ;i 92191 y 4 619-742-4861 lynda.barbour(cDcancer.org Health department to manage the enforcement, you are vesting enforcement authority for commercial tobacco control laws in public health or civil code enforcement officers. This is a best practice to assure equitable enforcement. Since this committee has already expressed interest in protecting youth from flavored tobacco, you can ensure that the language for the TRL you approve can enforce the state's law to end the sale of flavored tobacco products and can make your law even stronger by ending the sale of all flavored tobacco products including but not limited to flavored cigars and flavored hookah. These products have been demonstrated to be one of the major lures for our young people, hooking them on a lifetime addiction to tobacco. Another provision that this committee should consider is limiting the density of tobacco retailers. Research shows that when tobacco retailers are located near schools or homes youth experimentation with tobacco products goes up. When retailers are located near youth focused areas, youth are exposed to this marketing on a frequent basis. A greater availability of tobacco products is associated with both youth and adult smoking. Tobacco retailer location and density also heavily contribute to social inequities as retailers are more prevalent in lower - income areas. A jurisdiction can limit retailer density in several ways: 1) Do not allow any new retailers to locate near youth centered areas. Prohibiting new retailers from locating within 1000-feet of a school, library, park, or residential neighborhood 2) Require any new tobacco retailer to locate a minimum distance of 1000-feet from any existing tobacco retailer, and to cap the total number of tobacco retailer licenses at the current number. Thank you for considering these policy components. We look forward to working with you to adopt a strong policy that will reduce youth access and exposure to tobacco. Sincerely, Lynda arbour, MPH Sr. Government Relations Director American Cancer Society Cancer Action Network Lynda Barbour, MPH, Sr. Director, Government Relations, PO Box 910549; San Diego,A 92191 s ► s Ii 619-742-4861 lynda.barbour@)cancer.org 27 April 2023 Safe and Healthy Neighborhoods Committee City Hall North 1600 Truxtun Avenue Bakersfield, CA 93301 Dear Members of the Safe and Healthy Neighborhoods Committee, On behalf of Mama Vega Enterprises and our families, I am writing to express our support for reducing youth access to tobacco products including e-cigarettes through a Tobacco Retailer License (TRL). Each year in California, nearly 40,000 adults die from smoking -related causes, and over 12,000 children become new daily smokers. Since the first U.S. Surgeon General's report on smoking and health was published in 1964, tobacco use still persists as the leading cause of preventable death and disease in the United States and remains one of California's leading public health issues. Recently, Kern County Public Health conducted youth decoy operations in Bakersfield where it was discovered that 47% of the retailers sold tobacco to a minor. As a result of Kern County's successful TRL program, youth access to tobacco has decreased in cities that adopted the county ordinance. The group of eight cities that adopted the TRL program includes Arvin, Delano, Shafter, Tehachapi, California City, McFarland, Wasco, and Taft. As part of Kern County's TRL program, a license fee is charged each year that is sufficient to cover the costs of administration and enforcement. A yearly compliance check and escalating penalties for violations by the owner or operator are also conducted. These elements ensure that tobacco products and e-cigarettes are not sold to minors. Overall, the adoption of the Kern County TRL program would be a positive step towards reducing tobacco use and related deaths as well as improving public health, We urge you to adopt the Kern County Tobacco Retailer License ordinance for the benefit of the health of the citizens of the city of Bakersfield. Respectfully, Mama Vega + 10019 allspice Rose CT + Bakersfield + CA + 93311 813-765-2548