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File #: ORD 15-0020    Version:
Type: Old Bus. - SR w/Ordinance Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 12/1/2015 Final action: 11/3/2015
Title: Adopt Ordinance No. 15-0020 to Institute a Tobacco Retail Licensing Program in Manhattan Beach (Public Works Director Olmos). ADOPT
Attachments: 1. Draft Ordinance No. 15-0020, 2. LA County Youth Purchase Survey Results, 3. Tobacco Retailer Map, 4. Opposition Letters to the Tobacco Retail License Ordinance, 5. Supplemental Information Memo for Ordinance No. 15-0020, 6. Additional Support Letters for Tobacco Retail Licensing Ordinance, 7. Ordinance No. 15-0020, 8. Ordinance No. 15-0020 Revisions
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Mark Danaj, City Manager

FROM:
Tony Olmos, Public Works Director
Sona Coffee, Environmental Programs Manager

SUBJECT:Title
Adopt Ordinance No. 15-0020 to Institute a Tobacco Retail Licensing Program in Manhattan Beach (Public Works Director Olmos).
ADOPT
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Recommended Action
RECOMMENDATION:
Staff recommends that City Council waive further reading and adopt Ordinance No. 15-0020, establishing a tobacco retail licensing program.
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FISCAL IMPLICATIONS:
It is anticipated that the fees associated with an approved Tobacco Retail License program will be designed to cover all or part of the cost of the program administration and enforcement of the program. Staff will present to the City Council a draft resolution to set the application fee and annual permit fee.

BACKGROUND:
On October 20, 2015 the City Council introduced Ordinance No. 15-0020, with the following revisions to the proposed Ordinance:

* Excluding menthol, mint, spearmint and wintergreen flavors from the proposed prohibition on the retail sale of flavored tobacco and electronic cigarette products
* Amending the distancing requirements so that no retailer can sell tobacco products within a 500 foot radius of a school
* Allowing existing tobacco retailers currently within a 500-foot radius of each other to continue selling their tobacco-related products, even if the business is sold (According to City records, there are only two such retailers within a 500 foot radius of each other)
* Changing the method of measuring distance to a simple radius method; and
* Adding revocation to the enforcement section so that the City can proceed with the business license revocation process if a retailer violates the Ordinance's requirements and prohibitions twice within a 36-month period.

Ordinance No. 15-0020 has several key requirements for retailers...

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