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 a Resolution Approving a Hardship Exemption Authorizing MB Smoke to Temporarily Sell Tobacco Products (City Attorney Barrow).
ADOPT RESOLUTION NO. 21-0010
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council approve Resolution No. 21-0010, authorizing MB Smoke to temporarily sell tobacco products in Manhattan Beach until April 30, 2021.
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FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended 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. Several businesses applied for a hardship exemption, including MB Smoke Shop ("Applicant"), located at 1005 N. Aviation Boulevard (the "site").
At a duly noticed Council meeting held on December 1, 2020, City Council considered MB Smoke Shop's hardship application. After receiving input from the applicant's attorney and the public, the Council directed staff to draft a resolution granting Applicant a hardship exemption, allowing it to sell tobacco products until December 31, 2021. The Applicant did not provide substantial evidence that denial of its request would result in a deprivation of all economically viable use of the site. Likewise, the Applicant did not meet its burden of proof in establishing, by a preponderance of the evidence, that the application of Ordinance No. 20-0007 to Applicant's b...
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