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File #: 21-0027    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 1/5/2021 Final action: 1/5/2021
Title: Consideration of Resolutions Approving a Hardship Exemption Authorizing Four Retailers to Temporarily Sell Tobacco Products (City Attorney Barrow). ADOPT RESOLUTION NOS. 21-0007, 21-0008, 21-0009 AND 21-0010
Attachments: 1. Resolution No. 21-0007, 2. Resolution No. 21-0008, 3. Resolution No. 21-0009, 4. Resolution No. 21-0010, 5. Ordinance No. 20-0007
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Quinn Barrow, City Attorney
Alexandria Latragna, Management Analyst

SUBJECT:Title
Consideration of Resolutions Approving a Hardship Exemption Authorizing Four Retailers to Temporarily Sell Tobacco Products (City Attorney Barrow).
ADOPT RESOLUTION NOS. 21-0007, 21-0008, 21-0009 AND 21-0010
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council approve Resolution Nos. 21-0007, 21-0008, 21-0009, and 21-0010, authorizing Current Events, United Pacific, Aviation Liquor, and MB Smoke to temporarily sell tobacco products in Manhattan Beach.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with this action.

BACKGROUND:
After a number of publically noticed meetings and extensive solicitation of public input, the City Council adopted Ordinance No. 20-0007, prohibiting the retail sale of tobacco in Manhattan Beach. The ordinance provided retailers up until January 1, 2021, to comply with the prohibition, and provided a hardship exemption application process so that retailers could apply, at no cost, to extend their compliance periods beyond December 31, 2020. Four businesses applied for a hardship exemption on a timely basis.

At a duly noticed Council meeting held on December 1, 2020, City Council considered the applications. After receiving input from the applicants and the public, the Council approved hardship exemptions for all four businesses, authorizing the businesses to temporarily sell tobacco products in Manhattan Beach. None of the applicants provided substantial evidence that denial of the requests would result in the applicant being deprived of all economically viable use of the properties containing the retail sales of tobacco, nor did they meet their burden of proof in establishing, by a preponderance of the evidence, that the application of Ordinance No. ...

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