HomeMy WebLinkAbout05/04/23 SAFE & HEALTHY NEIGHBORHOODS AMENDED AGENDAk10
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
MMTHE 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
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FORS TIES
Bakersfield Violence
Problem Analysis
2020-2022
Bakersfield Police Department
California Partnership for Safe Communities
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Problem Analysis:
Introduction and Overview
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Introduction and Overview
• A "problem analysis" is a set of data collection and analysis
exercises designed to support the implementation of violence
reduction strategies, including Ceasefire. This methodology has
been developed and refined over the last 20 years, and used in
dozens of cities nationally.
• This analysis establishes a common understanding of the local
violence problem that guides and informs the work of civic,
community, and criminal justice leaders to reduce violence.
• The problem analysis identifies the groups and individuals within a
community who are at greatest risk of violence and helps tailor an
intervention to reduce that risk.
• Though the methodology is informed by research, the problem
analysis is primarily a practice document with implications for local
policy.
Introduction and Overview
• This analysis examined all homicides in the City of Bakersfield from
July 2020 —June 2022 (n = 104), and all nonfatal injury shootings
between July 2021 —June 2022 (n = 99).
The
104 homicides involved 219
unique
victims or
identified
suspects,
and
the 99 shootings involved 161
unique
identified
victims or
suspects.
This analysis examines the characteristics of these incidents and the
involved individuals, including demographics and criminal justice
system involvement.
The analysis also includes information on groups, gangs and networks
at high risk of involvement in violence, including their size, relationships,
turfs, and activities as well as the spatial concentration of violence
throughout the city.
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Exhibit B
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 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
Exhibit B
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 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 26, 2023
TO: COMMITTEE MEMBERS
FROM: JULIE DRIMAKIS, CITY CLERK
SUBJECT: SAFE AND HEALTHY NEIGHBORHOOD 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
0
City of Bakersfield
j American
Cancer
1600 Truxtun Avenue
Society
Bakersfield, CA 93301
Jill 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,
American Cancer Society Cancer Action Network www.FightCancer.org
PO Box 910549; San Diego, CA 92191
W: 619-624-1517 C: 619-742-4861 Iynda.barbour@cancer.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,
American Cancer Society Cancer Action Network www. FightCancer.org
PO Box 910549; San Diego, CA 92191
W: 619-624-1517 C: 619-742-4861 Iynda.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 oTama 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
Fl RST 5 27, C L Street
Bakersfield, CA 93301
661.328.813138
K E R N 661.328.8880 fax
www.first5kern.org
May 2, 2023
Safe and Healthy Neighborhoods Committee
Commissioners City Hall North
1600 Truxtun Avenue
John Nilon Bakersfield, CA 93301
Chair
Debbie Wood Dear Members of the Safe and Healthy Neighborhoods Committee,
Vice Chairperson
Jennie Sill On behalf of First 5 Kern, I am writing to express our support for reducing youth
Secretary access to tobacco products including e-cigarettes through a Tobacco Retailer
Brynn Carrigan License (TRL).
Treasurer
Each year in California, nearly 40,000 adults die from smoking -related -causes, and
Supervisor Leticia Perez over 12,000 kids become new daily smokers. Since the first U.S. Surgeon General's
Lito Morillo report on smoking and health was published in 1964, tobacco use remains the
Aaron Resendez 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
Deborah Murr conducted youth decoy operations in Bakersfield, where 47% of the retailers sold
Lisa Gilbert, Ed.D. tobacco to a minor.
Alternate Commissioners Kern County has an effective TRL program that has reduced youth access to
tobacco in cities that have adopted the county ordinance which includes Arvin,
Supervisor Phillip Peters Delano, Shaffer, Tehachapi, California City, McFarland, Wasco, and Taft. The Kern
Maria Bermudez County TRL program contains an annual license fee high enough to recover the cost
Ana Mena, Psy.D of administration and enforcement, annual compliance checks, and escalating
penalties on the owner/operator for violations. These elements are critical to
Amy Rutledge ensuring retailers of tobacco products and e-cigarettes are not selling to minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction
and tobacco -related death and disease. We urge you to adopt the Kern County
Executive Director Tobacco Retailer License ordinance for the city of Bakersfield.
Amy Travis Inc ely, f__NI
Executive Di
BLUE ZONES PROJECT
May 4th, 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 Blue Zones Project Bakersfield, 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 more than 12,000 kids
become new daily smokers. Since the first U.S. Surgeon General's report. on smoking and health was
published in 1964, tobacco use remains 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 47 percent of the retailers surveyed sold tobacco
to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities that have
adopted the county ordinance which includes Arvin, Delano, Shafter, Tehachapi, California City,
McFarland, Wasco, and Taft. The Kern County TRL program includes an annual license fee high enough
to recover the cost of administrationand enforcement, annual compliance checks, and escalating
penalties on the owner/operator for violations. These elements are critical to ensuring retailers of tobacco
products and e-cigarettes are not selling to minors.
Blue Zones Project Bakersfield's goal is to improve the overall well-being of communities. Through
effective and evidence -based policies such as a TRL, communities can help protect youth from accessing
tobacco products that can lead to a lifetime of addiction to nicotine. A strong TRL will help protect
Bakersfield youth from nicotine addiction and tobacco -related death and disease. Blue Zones Project
Bakersfield urges you to adopt the Kern County Tobacco Retailer License ordinance for the city of
Bakersfield.
cmSinc t�C�
`J'�_...1�
Kiyoshi Tomono
Executive Director
April 28, 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 Applecore Project Inc, 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 kids
become new daily smokers. Since the first U.S. Surgeon General's report on smoking and health was
published in 1964, tobacco use remains 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 47% of the retailers sold tobacco to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities that have
adopted the county ordinance which includes Arvin, Delano, Shafter, Tehachapi, California City,
McFarland, Wasco, and Taft. The Kern County TRL program 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. These elements are critical to ensuring retailers of tobacco
products and e-cigarettes are not selling to minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -related
death and disease. We urge you to adopt the Kern County Tobacco Retailer License ordinance for the
city of Bakersfield.
Sincerely,
Jaclyn Allen
Jaclyn Allen
Signature: Ownzr�tl�;Apr 28, 202319:26 PDT)
Email: thehensroost@yahoo.com
TRL LOS Template
Final Audit Report
ApplecoreProjectl nc.
2023-04-29
"TRL LOS Template ApplecoreProjectlnc." History
f) Document created by yesenia fernandez (yesenia.fernandez@sharecare.com)
2023-04-28 - 5:42:38 PM GMT
S' Document emailed to Owner allen (thehensroost@yahoo.com) for signature
2023-04-28 - 5:43:53 PM GMT
Email viewed by Owner allen (thehensroost@yahoo.com)
2023-04-29 - 2:25:51 AM GMT
j;i% Document e-signed by Owner allen (thehensroost@yahoo.com)
Signature Date: 2023-04-29 - 2:26:40 AM GMT - Time Source: server
Q Agreement completed.
2023-04-29 - 2:26:40 AM GMT
a Adobe Acrobat Sign
E'+AU..w�7o,w2��
EDUCATION`FOUNDATION UkleIN
April 25, 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 the Grimm Family Education Foundation (GFEF) and Edible Schoolyard Kern County
(ESYKC), 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
kids become new daily smokers. Since the first U.S. Surgeon General's report on smoking and
health was published in 1964, tobacco use remains 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
47% of the retailers sold tobacco to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities
that have adopted the county ordinance which includes Arvin, Delano, Shafter, Tehachapi,
California City, McFarland, Wasco, and Taft. The Kern County TRL program 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. These
elements are critical to ensuring retailers of tobacco products and e-cigarettes are not selling to
minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -
related death and disease. We urge you to adopt the Kern County Tobacco Retailer License
ordinance for the city of Bakersfield.
Sin
RJ Valentino
President
KERN COUNTY
HISPANIC
CHAMBER OF COMMERCE
May 1, 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 Kern County Hispanic Chamber of Commerce, 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 kids become new
daily smokers. Since the first U.S. Surgeon General's report on smoking and health was published in 1964, tobacco
use remains 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 47% of the retailers sold tobacco to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities that have adopted the
county ordinance which includes Arvin, Delano, Shafter, Tehachapi, California City, McFarland, Wasco, and Taft. The
Kern County TRL program 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. These
elements are critical to ensuring retailers of tobacco products and e-cigarettes are not selling to minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -related death and
disease. We urge you to adopt the Kern County Tobacco Retailer License ordinance for the city of Bakersfield.
Sincerely,
WE
Jay Tamsi, President/CEO
Kern County Hispanic Chamber of Commerce
9 1601 H Street Suite 201A, Bakersfield, CA 93301 9 (661) 633-5495 9 www.kchcc.org
BAKERSFIELD
THE SOUND OF5**# -Re*
Department of Recreation and Parks
RICK ANTHONY, DIRECTOR
April 24, 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 the City of Bakersfield, Recreation and Parks Department, 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
kids become new daily smokers. Since the first U.S. Surgeon General's report on smoking and
health was published in 1964, tobacco use remains 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
47% of the retailers sold tobacco to a minor.
'Kern County has an effective TRL program that has reduced youth access to tobacco in cities
that have adopted the county ordinance which includes Arvin, Delano, Shaffer, Tehachapi,
California City, McFarland, Wasco, and Taff. The Kern County TRL program 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. These
elements are critical to ensuring retailers of tobacco products and e-cigarettes are not selling to
minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -
related death and disease. We urge you to adopt the Kern County Tobacco Retailer License
ordinance for the city of Bakersfield.
Sincerely,
Rick Ant ony
Director
Recreation & Parks Department
1600 Truxtun Avenue, Bakersfield, CA 93301
661-326-3866 FAX: 661-852-2140
Bakersfield American Indian Health Project
501 4011, Street, Bakersfield, CA 93301
(661) 327-4030
Tuesday, May 2, 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 Bakersfield American Indian Health Project, 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 kids become
new daily smokers. Since the first U.S. Surgeon General's report on smoking and health was published in 1964,
tobacco use remains 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 47% of the retailer's sold tobacco to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities that have
adopted the county ordinance which includes Arvin, Delano, Shaffer, Tehachapi, California City, McFarland,
Wasco, and Taft. The Kern County TRL program 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. These elements are critical to ensuring retailers of tobacco products and e-
cigarettes are not selling to minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -related death
and disease. We urge you to adopt the Kern County Tobacco Retailer License ordinance for the city of
Bakersfield.
Res ectfully,
Mr. Angel Galvez, BA, MA Leadership Studies
Bakersfield American Indian Health Project, Inc. CEO
KERN ECONOMIC
DEVELOPMENT FOUNDATION
BUSINESS. EDUCATION. COMMUNITY.
May 1, 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 the Kern Economic Development Foundation (KEDF), I am writing to express our support for reducing
youth access to tobacco products including e-cigarettes through a Tobacco Retailer License (TRL).
KEDF is a research -based and educational 501(c)(3) non-profit organization that aids Kern County businesses and
communities in reaching their full economic potential. KEDF links business, education, and the community on
projects relating to STEM education and local workforce and professional development.
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 remains 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 47% of the retailers sold tobacco to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities that have adopted
the county ordinance which includes Arvin, Delano, Shafter, Tehachapi, California City, McFarland, Wasco, and
Taft. The Kern County TRL program 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. These elements are critical to ensuring retailers of tobacco products and e-cigarettes are not selling to
minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -related death and
disease. We urge you to adopt the Kern County Tobacco Retailer License ordinance for the City of Bakersfield.
Thank you for your time and consideration of this highly important matter.
Sincerely,
6
Richard Chapman
Executive Director
2700 "M" Street, Suite 200 Bakersfield, CA 93301 (661) 862-5167 www.kedf.org
Good afternoon, my name is Patsy Romero and I'm a community
volunteer, a member of Tobacco Free Kern, and a Legislative
Ambassador with the American Cancer Society Cancer Action Network.
Thank you for allowing one of my fellow volunteers to share my
comments, since I'm not able to attend due to medical concerns.
I last spoke to this committee on March 2, 2023. While speaking I
apologized because I had a cough that was difficult to control.
Well, I am still trying to absorb the cause of that cough. After many
tests, on April 18, my oncologist informed me that I have stage 4 small
cell lung cancer! On April 19, 1 started an aggressive
chemo/immunotherapy treatment. There are no words to describe how
horrible the treatment is.
I have never smoked a cigarette, why me! My doctor said it's a mystery,
but he stated that 75% of lung cancers are caused by tobacco products
and quite a few other deadly diseases are caused by tobacco products.
Now you might think this would change my mind about establishing a
TRL for the city of Bakersfield. No, not at all. It increased my motivation.
I am a fourth -generation gal born and raised in our beautiful city of
Bakersfield. I care about our city and the great citizens who are your
constituents. You all have the power to do something that will make
your city a much healthier city. I am asking you, no, begging you to
exercise that power, your vote, to establish a Retail Tobacco License for
the city of Bakersfield. By exercising that power, you are keeping our
children, who are our future, out of the grips of big tobacco who want
them to be their next customers. But what is more important, you will
be saving lives. The lives of your constituents.
. 1,
We have all the data to show you that currently there is no
enforcement, and our youth can purchase tobacco products throughout
the city.
Please remember that you have the power to keep many of your
constituents from going through the horrible cancer treatment that I
am currently going through. Exercise that power for the good of our
city. For a Safe and Heathy Neighborhood, a TRL must be in place!!
I still have high hopes that I will see this happen before I leave my great
city, but not because I'm leaving, but because after 15 years it's the
right thing to do.
Gratefully,
Patsy Romero
KERN HEALTH
SYSTEMS
May 3, 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 Kern Health Systems, 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 kids
become new daily smokers. Since the first U.S. Surgeon General's report on smoking and health was
published in 1964, tobacco use remains 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 47% of the retailers sold tobacco to a minor.
Kern County has an effective TRL program that has reduced youth access to tobacco in cities that have
adopted the county ordinance which includes Arvin, Delano, Shafter, Tehachapi, California City,
McFarland, Wasco, and Taft. The Kern County TRL program 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. These elements are critical to ensuring retailers of tobacco
products and e-cigarettes are not selling to minors.
Together, a strong TRL will help protect Bakersfield youth from nicotine addiction and tobacco -related
death and disease. We urge you to adopt the Kern County Tobacco Retailer License ordinance for the
city of Bakersfield.
Sincerely,
Martha Tasmga, M.Q. P, MBPi
Chief Medical Officer
Kern Health Systems
ko 661-664-5000 kern healthsystems.com 00
A661-664-5151 2900 Buck Owens Boulevard, Bakersfield, CA 93308-6316
REC11","WE N ACE 00,�,,
Probation A lf& 14 METUV(3, OF
June 2021- Present
Sijqce June of 2021 number of referrals from Probation
Number
of Student SerDvigcjiflig-Qjjeach
am ru
Classes
Community
Substance Abuse
Healthy Relationship
A.R.T
Total Students
Service Hours
(Aggression
Replacement
Training)
SFM (Court Ordered)
133
63
48
7
1,18
CLC
17
36
53
CL.0 TECH
24
35
59
BRIDGES
22
22
Total
252
Number of
_students_thgt.aftend
SFM Office from Ca ._OL_
Ga!nplLs
School Number of Students
CL.0 7
CLC TECH 11
Bridges Academy 12
Total 30
DAYSLAND-DME-S-ON-LAWILS
CLC Monday - Thursday
CLC TECH 'Tuesday & Thursday
BRIDGES ACADEMY Friday's
Offices at CLC Tech and CLC - on campus during prime hours
Services Provided Anger Management, Healthy Relationship, Mentorship
Total Probation Students 16
Rev: 05/04/2023
Adult Parole / Probation at
... .... .... ... .......... .. . .. .
Total Parolees
Kern County Probatio:n:�
Community Substance Anger Leadership Grief
Service Abuse Management
Hours
SFM (Court 500 7 12 7
Ordered)
........... .......... ..... . . ------
Total Probation or Parole
Rev: 05/04/2023
CLC Tech - High School
1. Students currently attending CL.C."mach = CI-C'Teel"'i 166
Cuj,,rre,�,",vfljy Er�,r,W)Ied Stii,)Oer-��,ts
2, Number of Current CL.0 Tbch students on Probatiorv:-,,,, 3,,zI
3. Students currently attending CLC ''Ias 181 Currei.,-�Aly
Er."wWlefd ft,..�).derrvI,,'.s
4. Number of Current Cl.-C students on Probation = 25
19
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