6611ORDINANCE NO. 6 611
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
SECTION 18.16.090 (TOBACCO RETAIL PERMIT) TO TITLE
18 OF THE ANAHEIM MUNICIPAL CODE TO ESTABLISH
REQUIREMENTS AND PROCEDURES FOR TOBACCO
RETAIL PERMITS, IMPOSE REGULATIONS ON TOBACCO
RETAILERS, PROHIBIT THE SALE OF ILLEGAL ITEMS AND
ACTIVITIES, AND AUTHORIZE INSPECTIONS AND
ENFORCEMENT TO ENSURE COMPLIANCE WITH
FEDERAL, STATE, AND LOCAL LAWS
WHEREAS, in 2003, the State Legislature enacted the Cigarette and Tobacco Products
Licensing Act (Bus. & Prof. Code § 22970 et seq.) finding and declaring that the licensing of
tobacco retailers helps stem the tide of untaxed distributions and illegal sales of cigarettes and
tobacco products and that enforcement of tobacco retailer licensing provisions is necessary to stop
unlawful distributions and untaxed sales of tobacco products by organized crime syndicates, street
gangs, and international terrorist groups; and
WHEREAS, the California Legislature has also acknowledged the critical need to regulate
tobacco products and prevent access by minors, implementing measures such as the Stop Tobacco
Access to Kids Enforcement (STAKE) Act (Bus. & Prof. Code § 22950 et seq.) and Penal Code §
308, which generally prohibit the sale of tobacco products to individuals under the age of 21,
except for active -duty military personnel who are at least 18 years of age; and
WHEREAS, research has demonstrated that the availability and aggressive marketing of
tobacco products significantly increase their appeal to youth, leading to early nicotine addiction
and lifelong tobacco use; and
WHEREAS, the Cigarette and Tobacco Products Licensing Act allows the City of Anaheim
("City") to adopt and implement local tobacco permitting laws, including provisions for the
suspension and revocation of a local tobacco retail permit for any violation of State tobacco control
laws; and
WHEREAS, in promoting the health, safety and general welfare of its residents, the City
has a substantial interest in encouraging compliance with federal, State, and local laws regulating
tobacco sales and use; discouraging the purchase of and use of tobacco products by anyone under
the age of 21; increasing compliance with laws prohibiting the sale of tobacco products to anyone
under the age of 21; and protecting children from being lured into nicotine and tobacco use through
the illegal sale of products, including vaping products; and
WHEREAS, the City has a substantial interest in regulating tobacco retailers not only to
control the sale of tobacco products and paraphernalia but also to address the illegal activities
frequently associated with certain tobacco retail establishments operating within the City,
including the sale of controlled substances, drug paraphernalia, and illegal weapons, as well as
unlawful gambling, all of which contribute to increased crime and negatively impact neighboring
businesses and the community at large; and
WHEREAS, the illegal sale of controlled substances at tobacco retail establishments,
including, in some instances, methamphetamine and psilocybin, is currently posing significant
risks to public health, safety, and welfare by contributing to substance abuse, criminal activity, and
adverse impacts on the community; and
WHEREAS, the ongoing sale of drug paraphernalia, including meth pipes, at certain
tobacco retail establishments in the City poses a serious and immediate threat to public health,
safety, and welfare by facilitating drug abuse and contributing to criminal activity and the
deterioration of the community; and
WHEREAS, the sale of knives that violate State law within certain tobacco retail
establishments in the City heightens public safety concerns, particularly when coupled with the
sale of drug paraphernalia and controlled substances, further endangering community welfare; and
WHEREAS, illegal gambling activities have become pervasive in tobacco retail
establishments in the City, contributing to loitering and creating ongoing public safety concerns,
which are negatively impacting the quality of life for residents and the viability of surrounding
businesses; and
WHEREAS, the State of California has a limited number of investigators to inspect and
enforce the State's tobacco regulations, and the Anaheim Police Department contends that local
regulations that implement operational standards will address the continued issues with tobacco
retailers including perpetuating the sale of controlled substances, drug paraphernalia, illegal
weapons, and allowance for unlawful gambling to occur on -site; and
WHEREAS, the City now desires to require retailers that are dedicated to the display, sale,
distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco
paraphernalia to obtain a tobacco retail permit and adhere to strict operating regulations in order
to reduce crime, prevent public nuisances, and promote the safety and well-being of all residents;
and
WHEREAS, the City now desires to establish a minimum distance requirement for tobacco
retail establishments from sensitive areas, such as schools, community centers, parks, libraries,
and city or county mental health facilities, to reduce youth exposure to tobacco products and
prevent the clustering of tobacco retailers in vulnerable neighborhoods; and
WHEREAS, the City now desires to require a minimum distance between tobacco retail
establishments to prevent over -concentration, which has been associated with increased crime,
loitering, and negative impacts on surrounding businesses and neighborhoods; and
WHEREAS, the City now desires to restrict the operating hours of tobacco retail
establishments by prohibiting the sale of tobacco products and paraphernalia after midnight to
reduce the likelihood of illegal activities, such as the sale of controlled substances, illegal weapons,
2
and drug paraphernalia, as well as unlawful gambling, which are more prevalent after midnight
and that contribute to public safety concerns; and
WHEREAS, gas stations, convenience stores, and markets, may sell or display tobacco
products as only as an ancillary sale to a diverse range of goods and services that serve the adjacent
neighborhood and public and surrounding area and are not dedicated to the display and sale of
tobacco products; and
WHEREAS, Smoking Lounges are defined in the Anaheim Municipal Code as businesses
dedicated, in whole or in part, to the smoking of tobacco or other substances. The City specifically
regulates smoking lounges in Anaheim Municipal Code Section 18.16.080, which establishes
smoking lounges as a use permitted in specified zones, subject to approval of a regulatory permit
with operating standards specific to smoking lounges and, depending on location and operations,
may require a conditional use permit; and
WHEREAS, the City now desires to ensure that inspections and enforcement mechanisms
are in place as essential tools for the effective regulation of tobacco retail establishments, to ensure
compliance with federal, State, and local tobacco -related laws, and to prevent illegal activities such
as gambling, the sale of controlled substances, drug paraphernalia, and illegal weapons, thereby
reducing crime and enhancing the quality of life for residents and surrounding businesses; and
WHEREAS, the intent of this Ordinance is to encourage responsible tobacco retailing by
enforcing responsible business and public health -related practices on businesses dedicated to the
display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products,
or tobacco paraphernalia; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code
Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for
Implementation of the California Environmental Quality Act (commencing with Section 15000 of
Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"),
the City is the "lead agency" for the preparation and consideration of environmental documents
for this ordinance; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to the
requirements to prepare environmental documentation pursuant to CEQA Guidelines Sections
15060(c)(2) and 15060(c)(3) because the proposed amendments will not result in a direct or
reasonably foreseeable indirect physical change in the environment and are not a "project," as that
term is defined in Section 15378 of the State CEQA Guidelines. Further, this ordinance is covered
by the common sense exemption pursuant to Section 15061(b)(3), which is that CEQA applies
only to projects that have the potential for causing a significant effect on the environment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANAHEIM AS FOLLOWS:
SECTION 1. Anaheim Municipal Code Section 18.16.090 is new and hereby added to
read in full as follows:
3
18.16.090 TOBACCO RETAIL PERMIT.
.010 Definitions. The definitions set forth below shall apply only to the provisions of this Section.
.0101 "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 (2) or more
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 violations of this Section is not an Arm's
Length Transaction.
.0102 "Characterizing Flavor" has the meaning set forth in Health and Safety Code
Section 104559.5, as may be amended from time to time.
.0103 "Community Center" means a facility that is publicly owned or operated by a non-
profit organization, open to the public, and primarily used for recreational, social, or
cultural activities, including sports, fitness, arts, and educational programs.
.0104 "Constituent" has the meaning set forth in Health and Safety Code Section
104559.5, as may be amended from time to time.
.0105 "Electronic Cigarette Products" means any of the following products:
.01 Any device or delivery system that can be used to deliver nicotine in
aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar,
e-pipe, vape pen, or e-hookah.
.02 Any component, part, or accessory of such a device or delivery system that is
used during its operation.
.03 Any flavored or unflavored liquid or substance containing nicotine, whether
sold separately or sold in combination with any device or delivery system that could
be used to deliver nicotine in aerosolized or vaporized form.
.04 Any product for use in an electronic nicotine device or delivery system whether
or not it contains nicotine or tobacco or is derived from nicotine or tobacco.
.05 Electronic Cigarette Products shall not include any battery, battery charger,
carrying case, or other accessory not used in the operation of the device if sold
separately. Electronic Cigarette Products shall not include any product that has been
approved by the United States Food and Drug Administration for sale as a tobacco
cessation product or for other therapeutic purposes where that product is marketed
and sold solely for such approved use. See 21 U.S.C. § 387(a). As used in this
subsection, nicotine does not include any food products as that term is defined
pursuant to Section 6359 of the California Revenue and Taxation Code.
.0106 "Flavored Tobacco Product" has the meaning set forth in Health and Safety Code
Section 104559.5, as may be amended from time to time.
2
.0107 "Library" means a facility that maintains a collection of books, periodicals, and
other informational and educational materials for public use and lending.
.0108 "Loose Leaf Pipe Tobacco" consists of cut or shredded pipe tobacco, usually sold
in pouches, excluding any Tobacco Product, which, because of its appearance, type,
packaging, or labeling, is suitable for use and likely to be offered to, or purchased by,
consumers as tobacco for making cigarettes, including roll -your -own cigarettes.
.0109 "Mental Health Facility" means any facility that provides mental health services,
including counseling, therapy, or related wellness programs.
.0110 "Park" means an open space that is designated for recreational use by the public,
which may include playgrounds, sports fields, trails, and picnic areas.
.0111 "Permittee" means any person who holds a tobacco retail permit or is required to
have a tobacco retail permit under this Section, regardless of whether such person actually
possesses a permit.
.0112 "Person" means any person, firm, association, organization, partnership, business
trust, company, corporation, public agency, school district, the State of California, its
political subdivisions and/or instrumentalities thereof.
.0113 "Premises" means any building or portion of any building where Tobacco Retailing
is occurring.
.0114 "'Premium Cigar" means any cigar that is handmade, is not mass produced by the
use of mechanization, has a wrapper that is made entirely from whole tobacco leaf, and has
a wholesale price of no less than twelve dollars ($12). A Premium Cigar does not have a
filter, tip, or nontobacco mouthpiece and is capped by hand.
.0115 "Sale" and "Sold" include any sale, exchange, barter or offer for sale.
.0116 "Self -Service Display" means the open display or storage of Tobacco Products or
Tobacco Paraphernalia in a manner that is physically accessible in any way to the general
public without the assistance of the Tobacco Retailer or the Tobacco Retailer's agent or
employee and without a direct person -to -person transfer between the purchaser and the
Tobacco Retailer or Tobacco Retailer's agent or employee. A vending machine is a form of
Self -Service Display.
.0117 "Tobacco Paraphernalia" means cigarette papers or wrappers, blunt wraps as
defined in Penal Code Section 308, pipes, holders of smoking materials of all types,
cigarette rolling machines, or other instruments or things designed for the smoking or
ingestion of Tobacco Products.
.0118 "Tobacco Product" means any product as defined in Health and Safety Code Section
22950.5(d)(1), as may be amended from time to time. Tobacco Product does not include a
product that has been approved by the United States Food and Drug Administration for sale
E
as a tobacco cessation product or for other therapeutic purposes where the product is
marketed and sold solely for such an approved purpose.
.0119 "Tobacco Product Flavor Enhancer" has the meaning set forth in Health and Safety
Code Section 104559.5, as may be amended from time to time.
.0120 "Tobacco Retailer" means any person who sells, offers for sale, or does or offers to
exchange for any form of consideration Tobacco Products or Tobacco Paraphernalia for
off -premise consumption, where fifteen (15) percent or more of the total floor area or
visible inventory is dedicated to the sale or display of Tobacco Products or Tobacco
Paraphernalia, and which does not provide facilities for the on -site consumption of these
products. This definition shall exclude activities conducted within a Smoking Lounge
regulated pursuant to the provisions of Section 18.16.080 and to the extent a Smoking
Lounge has an accessory use related to the off -premise sale or exchange of any form of
Tobacco Product or Tobacco Paraphernalia, the provisions of Section 18.16.080 shall
govern in lieu of the permit required by this Section.
.0121 "Tobacco Retailing" means engaging in any of those activities of a Tobacco Retailer
as a primary use directly to individual consumers. This definition shall exclude activities
conducted within a Smoking Lounge regulated pursuant to the provisions of Section
18.16.080 and to the extent a Smoking Lounge has an accessory use related to the off -
premise sale or exchange of any form of tobacco produce or Tobacco Paraphernalia, the
provisions of Section 18.16.080 shall govern in lieu of the permit required by this Section.
.020 Tobacco Retail Permit Required. It shall be unlawful for any Tobacco Retailer to engage in
Tobacco Retailing in the City without first obtaining and maintaining a valid tobacco retail permit
from the Planning Director for each location at which Tobacco Retailing is to occur. Engaging in
Tobacco Retailing without a valid tobacco retail permit constitutes a public nuisance.
.030 Operating Regulations and Conditions.
.0301 It shall be a violation of this Section for any Tobacco Retailer to violate any
provision of this Section.
.0302 It shall be a violation of this Section for any Tobacco Retailer to violate any
applicable local, State, or federal law regulating Tobacco Products, Tobacco Paraphernalia,
and Tobacco Retailing, including, but not limited to, violations of the Family Smoking
Prevention and Tobacco Control Act of 2009; Business and Professions Code Sections
22950 et seq. (STAKE Act); and Penal Code Sections 308 (sale of tobacco products or
paraphernalia to a minor), 308.2 (sale of individual cigarettes), and 308.3 (sale of a package
of cigarettes that contains fewer than 20 cigarettes).
.0303 It shall be a violation of this Section for any Tobacco Retailer to violate any
applicable local, State, or federal law regulating the sale of controlled substances,
including, but not limited to, violations of Health and Safety Code Sections 11351
(possession with intent to sell certain controlled substances), 11352 (sale, transportation,
and distribution of certain controlled substances), 11359 (possession of marijuana for sale),
2
11360 (sale of marijuana), 11366 (operating a place for the sale of controlled substances),
11378 (possession with intent to sell controlled substances), and 11379 (sale,
transportation, distribution, or offering to sell controlled substances).
.0304 It shall be a violation of this Section for any Tobacco Retailer to violate any
applicable local, State, or federal law regulating the sale of drug paraphernalia, including,
but not limited to, violations of Health and Safety Code Sections 11364.5 (possession, sale,
display, and furnishing of drug paraphernalia) and 11364.7 (delivering, furnishing, or
possessing with intent to deliver drug paraphernalia with knowledge that it will be used for
illegal drug use).
.0305 It shall be unlawful for any Tobacco Retailer to violate any applicable local, State,
or federal law regulating gambling, including, but not limited to, violations of Penal Code
Sections 337a (engaging in bookmaking, pool -selling, operating illegal betting operations,
or keeping a place for registering bets) and 337j (possession, operation, or control of illegal
gambling devices such as slot machines).
.0306 It shall be unlawful for any Tobacco Retailer to violate any applicable local, State,
or federal law regulating the sale of weapons, including, but not limited to, violations of
Penal Code Sections 17235 (sale of switchblade knives with blades longer than two
inches), 20410 (sale of ballistic knives), and 21810 (sale of brass knuckles).
.0307 No Tobacco Retailer shall sell a Flavored Tobacco Product or a Tobacco Product
Flavor Enhancer.
.01 A Tobacco Product shall be subject to a rebuttable presumption that the product
is a Flavored Tobacco Product if a manufacturer or any of the manufacturer's agents
or employees, in the course of their agency or employment, has made a statement
or claim directed to consumers or to the public that the Tobacco Product has or
produces a Characterizing Flavor, including, but not limited to, text, color, images,
or all, on the product's labeling or packaging that are used to explicitly or implicitly
communicate that the Tobacco Product has a Characterizing Flavor.
.02 The prohibition on the sale of Flavored Tobacco Products described in
subsection 18.16.090.030.0307 does not apply to Loose Leaf Pipe Tobacco or
Premium Cigars.
.0308 Any application for a tobacco retail permit shall be denied if the proposed business
location is within one thousand (1,000) feet of a school, as defined in Section 18.92.220
("S" words, terms and phrases); Community Center; Park; Library; or a city or county
Mental Health Facility (collectively, "sensitive uses"), regardless of whether the sensitive
use is within or outside of the boundaries of the City. The distance shall be measured in a
straight line from the parcel boundary of the sensitive use to the boundary of the parcel
where the applicant's business is proposed; provided, however, that this prohibition shall
not apply to the following:
7
.01 Any Tobacco Retailer operating lawfully on the day before the effective date
of this ordinance.
.02 Any lawfully operating Tobacco Retailer that would otherwise become
ineligible to receive a new permit due to the creation or relocation of any sensitive
use.
.0309 Any application for a tobacco retail permit shall be denied if the proposed business
location is within five hundred (500) feet of a location occupied by another Tobacco
Retailer, as measured in a straight line from the boundary lines of the parcel of an existing
Tobacco Retailer's business location to the boundary lines of the parcel of the permit
applicant's proposed business location. However, if both retailers are located on the same
parcel, the distance shall be measured in a straight line from the wall of one building to the
wall of the other. The prohibition in this paragraph shall not apply to any Tobacco Retailer
operating lawfully on the day before the effective date of this ordinance.
.0310 An exemption granted to a Tobacco Retailer for a specific location pursuant to
subsections 18.16.090.030.0308 or 18.16.090.030.0309 shall cease to apply upon
expiration of the tobacco retail permit pursuant to subsection 18.16.090.200.2003.
However, any exemption granted to a Tobacco Retailer for a specific location pursuant to
subsections 18.16.090.030.0308 or 18.16.090.030.0309 shall also apply to the Sale to
another person, through an Arm's Length Transaction, of a tobacco retail business
operating lawfully on the effective date of this ordinance. The new owner of such a business
is required to apply for and obtain a new tobacco retail permit.
.040 Posting of Permit. Each Tobacco Retailer shall prominently display both their City -issued
tobacco retail permit and the cigarette and tobacco products license issued by the California
Department of Tax and Fee Administration at the Premises in a location clearly visible to
customers.
.050 Compliance Inspection. The Chief of Police and any City official charged with enforcing
the provisions of this Code shall have the power and authority to enter any business engaging in
Tobacco Retailing during regular business hours to inspect the Premises and to determine
compliance with the provisions of this Section. No inspection shall occur that is inconsistent with
an individual's Fourth Amendment rights under the United States Constitution or otherwise in
violation of rights guaranteed by law.
.060 Positive Identification Required. No Tobacco Retailer shall sell or transfer a Tobacco Product
or Tobacco Paraphernalia to any person without first examining the identification of that person to
confirm that person is at least the minimum age under State law to purchase and possess the
Tobacco Product or Tobacco Paraphernalia.
.070 Minimum Age for Persons Selling Tobacco Products and Tobacco Paraphernalia. No person
who is younger than the minimum age established by State law for the purchase or possession of
Tobacco Products or Tobacco Paraphernalia shall engage in Tobacco Retailing.
N.
.080 Permitted Hours. A Tobacco Retailer shall not operate or allow the Premises to be open to
the public between the hours of 12:00 a.m. and 6:00 a.m.
.090 Self -Service Displays Prohibited. No Tobacco Retailer shall engage in Tobacco Retailing by
means of a Self -Service Display.
.100 Limitation on Storefront Advertising. No more than twenty (20) percent of the total
transparent area of the windows and clear doors of a physical storefront used for Tobacco Retailing
may bear advertising or signage of any kind. The area of a sign shall be calculated by framing the
entire face of the sign with four congruent sides at right angles, and the area within these sides
shall be used to determine compliance. Negative or clear spaces between graphics shall be included
as part of the sign area. All advertising and signage shall be placed and maintained in a manner
that ensures law enforcement personnel have a clear and unobstructed view of the interior of the
Premises, including the area where the cash registers are located, from the exterior public sidewalk
or entrance.
.110 Limits on Eligibility and Location.
.1101 No tobacco retail permit issued under this Section may be issued to authorize
Tobacco Retailing at other than a fixed location. For example, Tobacco Retailing by
persons on foot or from vehicles is prohibited.
.1102 No tobacco retail permit issued under this Section may be issued to authorize
Tobacco Retailing at a temporary or recurring temporary event. For example, Tobacco
Retailing at flea markets and farmers' markets is prohibited.
120 Other Legal Duties.
.1201 Each Tobacco Retailer shall:
.01 Comply with all conditions imposed by the Planning Director as part of the
tobacco retail permit.
.02 Comply with all conditions imposed by any other permit or permit required
for the business engaging in Tobacco Retailing.
.1202 Each Tobacco Retailer, and any other person(s) responsible for the operation of the
business engaging in Tobacco Retailing, excluding the City, its agents, officers and
employees, shall be jointly and severally liable for:
O1 Any violation of this Section.
.02 Any violation of the terms of the tobacco retail permit or of the exemption
issued to the Tobacco Retailer under this Section.
.03 Any violation of any other permit or permit required for the business engaging
in Tobacco Retailing.
.130 Administration. Unless otherwise specified, the purpose, fees, procedures, and penalties
outlined in Sections 18.16.010 through 18.16.040 of Chapter 18.16 (Regulatory Permits) of this
0
Code apply to tobacco retail permits, with additional specific requirements, grounds for denial,
suspension or revocation, and penalties provided in this Section.
.140 Suspension, Revocation, and Penalty. The suspension, revocation, and penalty procedures
outlined in Section 18.16.040 (Revocation and Penalty) shall apply to Tobacco Retailers, except
for subsection 18.16.040.030, in addition to the specific requirements in this subsection.
.1401 Suspension or Revocation of Permit. A violation of, or failure to comply with, any
provision of this Section shall result in the following actions:
.01 For the first violation in any five (5) year period, the Tobacco Retailer's permit
shall be suspended for ten (10) business days.
.02 For the second violation in any five (5) year period, the Tobacco Retailer's
permit shall be suspended for thirty (30) business days.
.03 For the third violation within a five (5) year period, the Tobacco Retailer's
permit shall be revoked. No new permit may be issued for the location until two (2)
years have passed from the date of revocation.
.04 A Tobacco Retailer whose permit has been revoked may not apply for a new
tobacco retail permit at any other location for a period of two (2) years after the
effective date of revocation.
.05 During any period of permit suspension or revocation, the Tobacco Retailer
must remove from public view all Tobacco Products and tobacco -related
advertising.
.1402 Civil Fines. Violations of, or failures to comply with, any provision of this Section
shall be subject to civil fines, enforced in accordance with Chapter 1.20 (Civil Citations)
of this Code, which governs the issuance of citations, imposition of administrative fines,
the right to appeal, and the right to an administrative hearing. Fines are imposed as follows:
01 A civil fine of two hundred fifty dollars ($250.00) for a first violation.
.02 A civil fine of five hundred dollars ($500.00) for a second violation if it occurs
within twelve (12) months of the first violation.
.03 A civil fine of one thousand dollars ($1,000.00) for a third violation and any
subsequent violations if they occur within twelve (12) months of the first violation.
.150 Permit and Exemption Nontransferable. No Tobacco Retailer shall assign or transfer any
tobacco retail permit issued under this Section. Exemptions granted for specific locations pursuant
to subsections 18.16.090.030.0308 or 18.16.090.030.0309 are nontransferable, except when the
exemption is transferred as part of an Arm's Length Transaction.
.160 Term of Permit. Each tobacco retail permit issued under this Section shall expire one (1)
year after the date of issuance, subject to suspension or revocation as provided for in this Section.
10
170 Permit Application.
.1701 An application for a tobacco retail permit shall be submitted in the name of each
person proposing to conduct retail tobacco sales and shall be signed by each person or an
authorized agent thereof.
.1702 It is the responsibility of each person to be informed regarding all laws applicable
to Tobacco Retailing, including those laws affecting the issuance of a tobacco retail permit.
.1703 No person may rely on the issuance of a permit as a determination by the City that
the person has complied with all laws applicable to Tobacco Retailing.
.1704 A permit issued contrary to this Section, contrary to any other law, or on the basis
of false or misleading information supplied by an applicant shall be revoked pursuant to
subsection 18.16.090.190.
.1705 Nothing in this Section shall be construed to vest in any person obtaining and
maintaining a tobacco retail permit any status or right to act as a Tobacco Retailer in
contravention of any provision of law.
.1706 All applications shall be submitted on a form supplied by the Planning Director and
shall contain the following information:
.01 The name, address, and telephone number of the person that is seeking a
tobacco retail permit.
.02 The business name, address, and telephone number of the single fixed location
where the Tobacco Retailing will occur.
.03 If the applicant is not the owner of the property where the Tobacco Retailing
will occur, the property owner's name, address, and written authorization for the
proposed use.
.04 A single name and mailing address authorized by each person to receive all
communications and notices (the "authorized address") required by, authorized by,
or convenient to the enforcement of this Section. If an authorized address is not
supplied, each person shall be understood to consent to the provision of notice at
the business address specified above.
.05 Proof that the location for which a tobacco retail permit is sought has been
issued a valid cigarette and tobacco products license from the California
Department of Tax and Fee Administration.
.06 Whether a person has previously been issued a tobacco retail permit pursuant
to this Section that is or was at any time suspended or revoked and, if so, the dates
and locations of all such suspensions or revocations.
.07 Such other information as the Planning Director deems reasonably necessary
for the administration of this Section.
11
.1707 The applicant shall provide a complete set of fingerprints taken by the Police
Department.
.1708 The Planning Director shall utilize the Police Department to investigate and verify
the facts stated in the application for a tobacco retail permit.
.180 Updated Information. A permitted Tobacco Retailer shall inform the Planning Director in
writing of any change in the information submitted on an application for a tobacco retail permit
within ten (10) business days of the change so that the Planning Director may determine whether
there has been a substantial change in the information originally submitted such that a new
application must be submitted. A substantial change may include, but is not limited to, a change in
ownership, relocation of the business, or any change that materially impacts compliance with the
requirements of this Section.
.190 Denial, Suspension, or Revocation. An application for a tobacco retail permit or a request
for an exemption may be denied, and an existing tobacco retail permit or granted exemption may
be suspended or revoked by the Planning Director based on any of the following grounds.
.1901 The Tobacco Retailer has knowingly made a false statement of fact or omitted a
fact required to be revealed in an application for the tobacco retail permit or a request for
an exemption, or in any amendment or report or other information required to be made
thereunder.
.1902 The application for a tobacco retail permit does not comply with the provisions of
this Section, including, but not limited to, the separation distances defined in subsections
18.16.090.030.0308 and 18.16.090.030.0309.
.1903 The Premises in which the Tobacco Retailing will occur is in violation of any
building, zoning, health, safety, fire, police or other provision of this Code or of federal,
State or local law which substantially affects the public health, safety or welfare.
.1904 The Tobacco Retailer has violated the terms and conditions of the retailer's tobacco
retail permit or other requirements of this Section within the past five (5) years.
.1905 The Tobacco Retailer owned or leased a premises that has been the subject of an
administrative, civil or criminal nuisance abatement action and court judgment or
administrative determination finding the premises to be a nuisance within the past five (5)
years.
.1906 A prior application for a tobacco retail permit or permit to operate a business
engaged in Tobacco Retailing in the City or anywhere in the United States has been denied
by the City or any federal, State, or local agency on one or more of the grounds provided
in this subsection within five (5) years prior to the date of the current application.
.1907 A tobacco retail permit or permit issued by the City or any federal, State or local
agency to operate or manage a business engaged in Tobacco Retailing anywhere in the
United States has been revoked or suspended within the past five (5) years.
12
.1908 If the Tobacco Retailer is a corporation, the corporation is not in good standing in
the State of California or is not authorized to do business in the State of California.
.1909 Engaging in Tobacco Retailing or allowing or offering Tobacco Products for sale at
the premises for which the tobacco retail permit is sought or was issued or granted is
prohibited under the terms of any contract or lease for that premises.
.200 Renewal, Expiration, and Penalty for Late Renewal of Permit.
.2001 Renewal Requirements. A Permittee may renew its tobacco retail permit by
complying with all of the following:
.01 An application to renew must be filed on the form provided by the Planning
Director.
.02 The application to renew must be filed with the Planning Director no later than
sixty (60) days prior to the expiration date of the current tobacco retail permit.
.03 The application shall contain or be accompanied by the information required
by subsection 18.16.090.170.
.2002 Completion of Renewal Application. An application to renew a tobacco retail permit
shall not be deemed complete until all the information required in subsection
18.16.090.200.2001 has been provided to the Planning Director and the required fees and
any applicable business license tax required of this Code have been paid.
.2003 Expiration of Permit. If a completed renewal application for a tobacco retail permit
is not submitted before the expiration date of the current permit, the permit shall be deemed
expired as of the date noted on the permit. Once a permit expires, all Tobacco Retailing
must cease. Failure to renew and continuing to engage in Tobacco Retailing without a valid
permit constitutes a violation of this Section and subjects the person to the penalties
outlined in subsection 18.16.090.140.
.2004 Penalty for Late Renewal or Expired Permit. Any Permittee who fails to file a
completed application to renew a tobacco retail permit at least sixty (60) days before the
expiration date, or who seeks to obtain a new permit after the original permit has expired,
shall be subject to a penalty. This penalty shall be ten (10) percent of the amount of the
tobacco retail permit fee and must be paid at the time the Permittee submits the application.
The penalty is in addition to the regular fee charged for obtaining a new or reinstated
permit.
.210 Compliance and Regulatory Requirements for Existing Tobacco Retailers.
.2101 All Tobacco Retailers operating within the City as of the effective date of this
ordinance must obtain a tobacco retail permit no later than January 1, 2026, or their next
annual business license renewal deadline, whichever is later. No renewal of the business
license shall be granted unless a Tobacco Retailer has obtained a valid tobacco retail permit
pursuant to the requirements of this Section.
13
.2102 Notwithstanding the deferred tobacco retail permit requirement, all existing
Tobacco Retailers shall comply with the provisions of this Section on the effective date of
this ordinance except as provided in subsection 18.16.090.210.2103.
.2103 Existing Tobacco Retailers may be granted a deferment of no more than two (2)
years to comply with subsection 18.16.090.080 (Permitted Hours), upon submitting a
hardship application demonstrating either (a) a written lease for the Premises exceeding
one year from the effective date of this ordinance or (b) an investment of money in a
leasehold or improvements related the Premises such that the deferment is necessary to
prevent undue hardship.
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination of any such portion as may be declared invalid. If any
section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held
to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof,
irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or
phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be
printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of
general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
14
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 13 day of May , 2025, and thereafter passed and
adopted at a regular meeting of said City Council held on the 2 9 day of May , 2025,
by the following roll call vote:
Mayor Aitken and Council Members Meeks, Balius,
AYES: Leon, Rubalcava, Kurtz and Maahs
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
ASSISTANT
154484
CITY OF ANAHEIM
By:
MAYOR 0 T E CITY OF ANAHEIM
15
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SUSANA BARRIOS, Assistant City Clerk of the City of Anaheim, do hereby certify that the
foregoing is the original Ordinance No. 6611 introduced at a regular meeting of the City Council of
the City of Anaheim, held on the 131h day of May. 2025, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 29th day of May, 2025, by the
following vote of the members thereof:
AYES: Mayor Aitken and Council Members Meeks, Balius, Leon, Rubalcava,
Kurtz and Maahs
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 301 day of May, 2025.
ASSISTANT CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
ANAHEIM BULLETIN "`', .. See Proof on Next Page
Anaheim Bulletin
1920 Main St. Suite 225
Irvine , California 92614
714)796-2209
200 S. Anaheim Blvd., Suite 217
Anaheim, California 92805
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party
to or interested in the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that has been
adjudged to be a newspaper of general circulation by the
Superior Court of the County of Orange, State of California, on
December 28, 1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California; that the
notice, of which the annexed is a true printed copy, has been
published in each regular and entire issue of said newspaper
and not in any supplement thereof on the following dates, to
wit:
0611212025
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true and
correct:
Executed at Anaheim, Orange County, California, on
Date: Jun 12, 2025.
ORD-6611 (5190168) - Page 1 of 2
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6611
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING SECTION 18.16.090 (TOBACCO RETAIL
PERMIT) TO TITLE 18OF THE ANAHEIM MUNICIPALCODE TO ESTABLISH REQUIREMENTS
AND PROCEDURES FOR TOBACCO RETAIL PERMITS, IMPOSE REGULATIONS ON TOBACCO
RETAILERS, PROHIBIT THE SALE OF ILLEGAL ITEMS AND ACTIVITIES, AND AUTHORIZE
INSPECTIONS AND ENFORCEMENT TO ENSURE COMPLIANCE WITH FEDERAL, STATE, AND
LOCAL LAWS
This ordinance acids Section 18.16.090 (Tobacco Retail Permit) to Title 18 (Zoning) of the Anaheim
Munlclpal Code to establish requirements and operating regulations for tobacco retail establishments,
Including a local permitting process, location restrictions, prohibited Sales and activities, and
enforcement provisions to ensure compliance with federal, state, and local laws.
I, Susana Barrios, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Is
a summary of Ordinance No. 6611, which ordinance was Introduced at a regular meeting of the City
Council of the City of Anaheim on the 13th clay of May, 2025 and was duly passed and adopted at a regular
meeting of said Council on the 29th day of May, 2025 by the following roll call vote of the members thereof:
AYES: Mayor Aitken and Council Members Meeks, Ballus, Leon, Rubalcova, Kurtz and Maahs
NOES: None
ABSENT: None
ABSTAIN: None
The above summary is a brief description of the sublect matter contained In the text of Ordinance
No. 6611, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This
Summary does not Include Or describe every Provision Of the Ordinance and should not be reiled on as a
Substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-
5166, between 8:00 AM and 5:00 PM, Monday through Friday. There Is no charge for the copy.
#155359
Anaheim Bulletin
Published: 6/12/25
ORD-6611 (5190168) - Page 2 of 2
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original Ordinance No. 6611 and was published in the Anaheim Bulletin on the 12tn
day of June, 2025, pursuant to Section 512 of the City Charter of the City of Anaheim.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)