Smoking Ord & Tobacco Retailer PermitsORDINANCE NO. zl6s
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE C{TY OF
CAMPBELL APPROVING A TEXT AMENDMENT {PLN2012-199) TO
ENACT CHAPTER 5.58 {TOBACCO RETAILER PERMIT} AND
AMEND SECTION fi.10.020 (NUISANCE ABATEMENT AND
ADMINISTRATIVE PENALTIES}.
After notification and public hearing, as specified by law and after presentation by the
Community Development Director, proponents and opponents, the hearing was closed.
After due consideration of all evidence presented, the City Council of the City of Campbell does
ordain as follows:
SECTION ONE: It is the intent of the City Council, in enacting this ordinance, to provide for the
public health, safety, and general welfare by regulating the operation of lawful businesses to
avoid circumstances which facilitate violations of state, federal, and local laws and by
discouraging violations of laws forbidding the distribution of tobacco products to minors, but not
to expand or reduce the degree to which the acts regulated by state or federaf'law are criminally
proscribed.
SECTION TWO: The City Council finds and determines that the adoption of the proposed Text
Amendment is .exempt from CEC~A under Section 15061(b)(3) whereby CEC~A applies only to
projects which have the potential to cause a significant effect on the environment. Where it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect: on the environment, the activity is not subject to further CEQA review.
SECTION THREE: Chapter 5.58 of the Campbell Municipal Code is enacted in whole as set
forth in Exhibit A attached.
SECTION FOUI~: Section 6.10.020 of the Campbell Municipal Code is hereby amended as set
forth in Exhibit B attached. Additions are indicated by italics and underscoring. Portions of
Section 6.10.020 not shown in italics and underscoring type are not changed.
SECTION FIVE: This Ordinance shall become effective thirty (30) days following its passage
and adoption and shall be published, one time within fifteen (15) days upon passage and
adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell,
County of Santa Clara.
PASSE AND ADOPTED this 4th day of December 2012, by the following roll call
vote:
AYES: C:OUNCILMEMBERS: saker, Waterman, Low, xotowski
NOES: C:OUNCILMEMBERS: cristina
ABSENT: C:OUNCILMEMBERS: None 1 /~
ABSTAIN: C:OUNCILMEMBERS: None
/ ~ ~ t ~'
/ APPROVED: "
Michaek F. Kotowski, Mayor
ATTEST:
Anne Bybee, City Clerk
Exhibit A
Chapter 5.58
TOBACCO RETAILER PERMIT
Sections:
5.58.010 Purpose.
5.58.020 General Regulations.
5.58.030 Application Procedure.
5.58.040 Issuance of Permit.
5.58.050 Permit Renewal and Expiration.
5.58.060 Fee for Permit.
5.58.070 Permit Conveys a Limited, Conditional Privilege.
5.58.080 Compliance Monitoring.
5.58.090 Tobacco Retailing without a Permit.
5.58.100 False and Misleading Advertising Prohibited.
5.58.110 Penalties and Enforcement.
5.58.120 Suspension or Revocation of Permit_
5.58.130 Revocation of a Wrongly Issued Permit.
5.58.140 Suspension or Revocation Process.
5.58.150 Hearing.
5.58.160 Ne;w Permit after Revocation.
5.58.170 Nc-ndiscrimination.
5.58.180 Severability.
5.58.190 Definitions.
5.58.010 Pur ose. This chapter is intended to set forth a local permit process for tobacco
retailers to ensure; that retailers comply with tobacco control laws and city business standards to
protect the public: health, safety and welfare. Individuals who wish to act as a tobacco retailer
within the city m~xst first obtain and maintain a valid Tobacco Retailer's Permit pursuant to these
provisions for each location at which that activity is to occur. It is the responsibility of each
proprietor to be informed of all laws applicable to tobacco retailing, including those laws
affecting the issuance of a Tobacco Retailer's Permit.
5.58.020 General Regulations. Every person within the city who operates as a tobacco
retailer is required to obtain and maintain a valid Tobacco Retailer's Permit. Every person within
the city who operates as a tobacco retailer with a valid Tobacco Retailer's Permit shall comply
with each of the following conditions:
{a) Location. Tobacco retailing activities shall be conducted at a fixed location and within the
enclosed area of t:he tenant space completely accessible to the general public during the hours of
business operation:
{b) Display of Permit. Each Tobacco Retailer Permit shall be prominently displayed in a publicly
visible location at the permitted location:
(c) Minimum Ag;e for Persons Selling Tobacco. 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:
(d) Minimum Af;e for the purchase of Tobacco. No Person engaged in tobacco retailing shall
sell or transfer tobacco product or tobacco paraphernalia to a person whose legal age is under
minimum age established by state law for the purchase or possession of tobacco products:
(e) Positive Identification Required. Persons engaged in tobacco retailing may not sell or transfer
a tobacco product or tobacco paraphernalia 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 that
the recipient is apt least the minimum age under state law to purchase and possess a tobacco
product or tobacco paraphernalia:
(f) Onsite Smoking Prohibited. Persons engaged in tobacco retailing shall not permit smoking
inside or in any adjacent outdoor area owned, leased, or operated in the permitted premises. In
addition, no person engaged in tobacco retailing shall permit smoking within twenty (20) feet of
any doorway, window, opening, or other vent into the permitted premises. Further, no person
engaged in tobacco retailing shall permit the presence or placement of usable ash receptacles
within the permitted premises, such as ash trays or ash cans:
(g) Self-Service Displays Prohibited. Tobacco retailing by means of aself-service display is
prohibited:
(h) Permit Nontransferable. A Tobacco Retailer's Permit may not be transferred from one
person to another or from one location to another. A new Tobacco Retailer's Permit is required
whenever the proprietor{s) of a tobacco retailing location change.
5.55.030 Application Procedure. All applications shall be submitted on a form supplied
by the City of Campbell Finance Department and shall contain the following information:
(a) Application materials:
(1) The name,, address, and telephone number of each proprietor of the business seeking a
permit:
(2} The business name, address, and telephone number of the single fixed location for which
a permit is sought:
(3} A single name and mailing address authorized by each proprietor to receive all
communications and notices {the "authorized address") required by, authorized by, or
convenient to 1:he enforcement of this chapter. If an authorized address is not supplied, each
proprietor shall be understood to consent to the provision of notice at the business address
specified in subparagraph (2) above:
(4) Proof that the location for which a Tobacco Retailer's Permit is sought has been issued a
valid state tobacco retailer's permit by the California Board of Equalization:
(5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or
has been found to have violated, this chapter and, if so, the dates and locations of all such
violations within the previous five years:
(6) Such other information as the city deems necessary for the administration or enforcement
of this chapter as specified on the application form required by this section:
(7} The application shall be signed by each proprietor or an authorized agent thereof:
(b) A permitted tobacco retailer shall inform the city in writing of any change in the information
submitted on an ;application for a Tobacco Retailer's Permit within ten (10) business days of a
change:
(c} All information specified in an application pursuant to this section shall be subject to
disclosure under t:he California Public Records Act (California Government Code section b250 et
seq.) or any other applicable law, subject to the laws' exemptions.
5.58.040 Issuance of Permit. Upon the receipt of a complete application for a Tobacco
Retailer's Permit and the permit fee required by this chapter, the city shall issue a permit, except
as otherwise provided in this chapter. The term of a Tobacco Retailer permit is one year and may
be renewed annually. A permit will not be issued if substantial evidence demonstrates that one
or more of the following exists:
(a) The informatiion presented in the application is inaccurate or false. Intentionally supplying
inaccurate or false information shall be a violation of this chapter:
{b) The application seeks authorization for tobacco retailing at a location for which a Tobacco
Retailer Permit has been denied pursuant to this chapter. However, this subparagraph shall not
constitute a basis for denial of a permit if the applicant provides the city 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, and is not associated with the previous
applicant in any vvay:
(c) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter
prohibits a permit: to be issued:
(d} The application seeks authorization for tobacco retailing that is prohibited pursuant to this
chapter (e.g., mobile vending), that is unlawful pursuant to the Campbell Municipal Code, or that
is unlawful pursuant to any other law:
5.58.050 Permit Renewal and Expiration.
(a) Renewal of Permit. Each tobacco retailer shall apply for a renewal of the Tobacco Retailer's
Permit and submit the permit fee no later than thirty (30) days prior to expiration of the term. A
Tobacco Retailer"s Permit is invalid if the appropriate fee has not been paid in full or if the term
of the permit has expired.
(b) Expiration of Permit. A Tobacco Retailer's Permit not timely renewed shall expire at the end
of its term. To renew a permit not timely renewed pursuant to subparagraph (a), the proprietor
must:
(1) Submit the permit fee and application renewal form; and,
(2} Submit a signed affidavit affirming that the proprietor:
(i) has not sold and will not sell any tobacco product or tobacco paraphernalia after the
permit expiration date and before the permit is renewed; or
(ii) has waited the appropriate ineligibility period established for tobacco retailing without
a permit, as set forth in Section 5.58.160 of this chapter, before seeking renewal of the
permit.
5.58.060 Fee for Permit. The fee to issue or to renew a Tobacco Retailer's Permit shall
be established from time to time by resolution of the city council. The fee shall be calculated so
as to recover any amount up to the cost of administration of this chapter, including, for example,
issuing a permit and administering the permit program, but shall not exceed the cost of the
regulatory program authorized by this chapter. Fees are nonrefundable except as maybe required
bylaw.
5.58.070 Permit Conveys a Limited. Conditional Privilese.
(a) Nothing in this chapter shall be construed to grant any person obtaining and maintaining a
Tobacco Retailer's Permit any status or right other than the limited conditional privilege to act as
a tobacco retailer at the location in the city identified on the face of the permit.
(b) Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu
of, any other provision of applicable law, including but not limited to, any provision of this code
limitation, the C'.ampbell Municipal Code, or any condition or limitation on smoking in an
enclosed place oiF employment pursuant to California Labor Code section b404.5. For example,
obtaining a Toba~.cco Retailer Permit does not make the retailer a "retail or wholesale tobacco
shop" for the purlposes of California Labor Code section 6404.5.
5.58.080 Compliance Monitoring.
(a) Compliance vvith this chapter shall be monitored by the city. Any peace officer may enforce
the penal provisions of this chapter. The city may designate any number of additional Persons to
monitor compliance with this chapter.
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(b) Inspections may be conducted so as to allow the city to determine, at a minimum, if a
tobacco retailer is conducting business in a manner that complies with laws regulating youth
access to tobacco products and paraphernalia.
(c) The city shall not enforce any law establishing a minimum age for tobacco purchasers or
possession against a purchaser of tobacco that otherwise might be in violation of such law
because of the person's age if the potential violation occurs when:
(1) The purchaser (hereinafter referred to as "youth decoy") is participating in a compliance
check supervised by a peace officer or a code enforcement official of the city;
(2) The youth decoy is acting as an agent of a person designated by the city to monitor
compliance with this chapter; or
(3) The youth decoy is participating in a compliance check funded in part, either directly or
indirectly through subcontracting, by the Santa Clara County Department of Health or the
California Department of Health Services.
5.58.090 Tobacco Retailing withoat a Permit.
(a) In addition to any other penalty authorized by law, if a court of competent jurisdiction
determines, or the city finds based on a preponderance of evidence, after notice and an
opportunity to be; heard consistent with Campbell Municipal Code Section 5.58.150 et. seq. that
any person has f;ngaged in tobacco retailing at a location without a valid Tobacco Retailer's
Permit, either directly or through the person's agents or employees, the person shall be ineligible
to apply for, or to be issued, a Tobacco Retailing Permit as follows:
(1} After a first violation of this section at a location within any sixty (60) month period, no
Tobacco Retailer Permit shall be issued for the person or the location (unless ownership of the
business at the; location has been transferred in an arm's length transaction), until thirty (30)
days have passed from the date of the violation:
(2) After a second violation of this section at a location within any sixty {60) month period, no
Tobacco Retailer Permit shall be issued for the person or the location (unless ownership of the
business at the location has been transferred in an arm's length transaction), until one calendar
year has passed from the date of the second violation:
(3) After of a third or subsequent violation of this section at a location within any sixty (60)
period, no new permit may issue for the person or the location (unless ownership of the
business at the location has been transferred in an arm's length transaction), until five calendar
years have passed from the date of the most recent violation:
(b) Notwithstanding any other provision of this chapter, prior violations at a location shall
continue to be counted against a location and permit ineligibility periods shall continue to apply
to a location unless:
(1) The location has been fully transferred to a new proprietor (s); and
(2) The new proprietor(s) provide the city with clear and convincing evidence that the new
proprietor(s) have acquired or is acquiring the location in an arm's length transaction, and are
not associated with the prior proprietors} in any way.
(c) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this
section are subject to seizure by the city or any peace officer and shall be forfeited after the
person, the person's agents or employees, or any other owner of the tobacco products and
tobacco paraphernalia seized is given reasonable notice and an opportunity, consistent with
Section 5.58.140., to demonstrate that the tobacco products and tobacco paraphernalia were not
offered for sale or exchange in violation of this chapter. The decision by the city may be
appealed pursuant to Section 5.58.150. Forfeited tobacco products and tobacco paraphernalia
may be destroyed after all internal appeals have been exhausted and the time in which to seek
judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other applicable
law has expired vrithout the filing of a lawsuit or, if such a suit is filed, after judgment in that suit
becomes final.
(d) For the purposes of the civil remedies provided in this chapter:
(1) Each day on which a tobacco product or tobacco paraphernalia is offered for sale in
violation of this chapter constitutes a separate violation; or
(2) Each individual retail tobacco product and each individual retail item of tobacco
paraphernalia that is distributed, sold, or offered for sale in violation of this chapter constitutes
a separate violation.
5.58.100 False and Misleading Advertising Prohibited. A tobacco retailer without a
valid Tobacco Retailer Permit or whose permit has been revoked shall be unable to:
(1 } Keep tobacco products and tobacco paraphernalia within public view.
{2) Display any advertisement relating to tobacco products or tobacco paraphernalia 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.
5.58.110 Penalties and Enforcement. In the course of Tobacco retailing or in the
operation of the business or maintenance of the location for which a permit has been issued, it
shalt be a violation of this chapter for a permittee, or any of the permittee's agents or employees,
to violate any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia,
or Tobacco Retaining.
(a) The remedies provided by this chapter are cumulative and in addition to any other remedies
available at law or in equity:
(b) Whenever evidence of a violation of this chapter is obtained in any part through the
participation of a person under the age of eighteen {18) years old, such a person shall not be
required to appear or give testimony in any civil or administrative process brought to enforce this
chapter and the alleged violation shall be adjudicated based upon the sufficiency and
persuasiveness of'the evidence presented:
(c) Violations of this chapter are subject to a civil action brought by the city attorney, punishable
by a civil fine not less than two hundred and fifty dollars {$250) and not exceeding one thousand
dollars ($1,000) pier violation:
(d) Violations of this chapter may, in the discretion of the city attorney, be prosecuted as
infractions or misdemeanors pursuant to Section 5.60.010 of this Title:
(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
chapter shall also constitute a violation of this chapter:
(f) Violations of this chapter are hereby declared to be public nuisances pursuant to Campbell
Municipal Code Section b.10.020(a)(6){Q):
(g) In addition to other remedies provided by this chapter or by other law, any violation of this
chapter may be remedied by a civil action brought by the city attorney, including, for example,
administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement
proceedings, and suits for injunctive relief.
5.58.120 Suspension or Revocation of Permit. A permit issued contrary to this
chapter, contrary to any other law, or on the basis of false or misleading information supplied by
a proprietor may be suspended or revoked pursuant to section 5.58.140 of this chapter. Nothing
in this chapter shall be construed to vest in any person obtaining and maintaining a Tobacco
Retailer's Permit any status or right to act as a tobacco retailer in contravention of any provision
of law.
In addition to any other penalty authorized by law, a Tobacco Retailer's Permit may be
suspended and/or revoked as set forth below if any court of competent jurisdiction determines, or
the city finds based on a preponderance of the evidence, after the permittee is afforded notice and
an opportunity to be heard pursuant to Section 5.58.140, that the permittee, or any of the
pertnittee's agents or employees, has violated subsection 5.58.020{d):
(a) After a frst violation of subsection S.S8.020(d) at a location within a 60 month period
suspension of the Tobacco Retailer Permit shall be for a period no less than thirty {30) calendar
days:
{h} After a second violation of subsection 5.58.020(d) at a location within a 60 month period,
suspension of the Tobacco Retailer Permit shall be for a period no less than sixty (60} calendar
days.
(c) After a third violation of subsection 5.58.020(d) at a location within a 60 month period the
Tobacco Retailer Permit shall be revoked.
5.58.130 Revocation of a Wrongly Issued Permit. A Tobacco Retailer's Permit shall be
revoked if the cil:y finds, after the permittee is afforded notice and an opportunity to be heard
consistent with the procedure set forth in Campbell Municipal Code Section 5.58.150 et. seq.,
that one or more of the bases for denial of a permit under section 5.58.040 existed at the time
application was made or at any time before the permit issued. The decision by the city to revoke
shall be the final decision. Such a revocation shall be without prejudice to the filing of a new
permit application.
5.58.140 Suspension or Revocation of a Tobacco Retailer Permit, or Forfeiture of
Seized Tobacco and Tobacco Paraphernalia Process. The city may suspend or revoke a
Tobacco Retailer's Permit pursuant to Section 5.58.120 or 5.58.130 or deem seized tobacco
and/or tobacco paraphernalia as forfeit pursuant to Section 5.58.090(c). Before the city suspends
or revokes a permit or deems seized tobacco and/or tobacco paraphernalia as forfeit, the city
shall provide written notice of the suspension or revocation of a permit or the pending forfeiture
by personal delivery or First Class certified United States mail. The notice shall provide for the
suspension or revocation of the permit or forfeiture of the seized items fifteen calendar days after
mailing or personal delivery of the notice unless the permittee requests a hearing. The notice
shall instruct the permittee on how to file a request for a hearing consistent with Section 5.58.
150 et. seq. The notice shall be addressed to the Permittee at the address provided in the
Pertnittee's application, or other more reliable address if known to the city. If after the passage of
fifteen calendar clays from the mailing or personal delivery of the notice, the permittee has not
requested a hearing, the suspension, revocation, or forfeiture shall become final.
5.58.150 Hearin .
(a) The Permittee can request a hearing before the city council on a decision of the city to
suspend and/or revoke a Tobacco Retailer Permit or deem seized tobacco and tobacco
paraphernalia. The request must be filed with the city clerk within fifteen calendar days
following the mailing or personal delivery of written notice of the suspension and/or revocation.
(b) The city clerkk shall schedule a public hearing for the appeal to be considered by the city
council. Notice oaf such hearing shall be mailed to the Permittee at least ten days prior to the
hearing. Notice of such hearing shall also be mailed to the property owner of the property for
which the permit was issued at the address listed for the property owner on the last equalized
assessor's role.
(c) The hearing shhall be placed on the city council agenda within sixty calendar days after filing
of the request, provided that the city council may continue from time to time any hearing held by
it.
(dj The city council shall conduct a de novo hearing and may approve or deny the appeal based
on the grounds set forth in Sections 5.58.090{c) through 5.58.140 , as applicable. The council
shall afford the I'etmittee an opportunity at the hearing to present any relevant evidence, and
shall thereafter render its decision in writing, setting forth it findings.
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5.58.160 Ne:w Permit after Revocation.
(a) After frst revocation at a location within any sixty-month (60) period, no new permit may
issue for the location until one calendar year has passed from the date of revocation.
(b) After second or more revocations at a location within any sixty-month (60) period; no new
permit may issue for the location until five calendar years days have passed from the date of the
most recent revocation.
5.58.170 Nondiscrimination. No person shall discharge, refuse to hire, or in any manner
discriminate against any employee or applicant for employment because such employee or
applicant exercises any rights afforded by this chapter.
5.58.180 Severabili If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this ordinance, or its application to any person or circumstance, is for any reason
held to be invaliid or unenforceable, such invalidity or unenforceability shall not affect the
validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this ordinance, or its application to any other person or
circumstance. T'hE: Campbell city council hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that
any one or more; other sections, subsections, subdivisions, paragraphs, sentences, clauses or
phrases hereof be declared invalid or unenforceable.
5.58.190 Definitions. The following words and phrases, whenever used in this chapter,
shall be construedl as def ned in this section:
`'Arm's Length 7~ransaction" 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.
"City" means the City of Campbell and each of its officers and employees designated to enforce
or administer the provisions of this chapter.
"Permittee" means a Tobacco Retailer or their authorized representative and/or employee with a
valid Tobacco Retailer's Permit.
"Person" means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
"Proprietor" means a person with an ownership or managerial interest in a business. An
ownership interest shall be deemed to exist when a person has a ten percent {10%) 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 can or does have or share
ultimate control over the day-to-day operations of a business.
"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 retailer or employee of the retailer and a direct person-to-person transfer
between the purchaser and the retailer or employee of the retailer. A vending machine is a form
ofself-service display.
"Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any
other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind}
and means the lil;hting of a tobacco product, tobacco paraphernalia, or any other weed or plant
{including a pipe, cigar, hookah pipe, or cigarette of any kind},
"Tobacco Pazaphernalia" means cigarette papers or wrappers, pipes, holders of Smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking,
preparation, storing, or consumption of tobacco products.
"Tobacco Product" means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus,
bidis, or any other preparation of tobacco; and any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with ithe expectation that the product or matter will be introduced into the human
body, but does not include any cessation product specifically approved by the united states food
and drug administration for use in treating nicotine or tobacco dependence.
"Tobacco Retailer" means any Person who sells, offers far sale, or does or offers to exchange for
any form of consideration, tobacco, tobacco products or tobacco paraphernalia. "Tobacco
Retailing" shall rnean the doing of any of these things. This definition is without regard to the
quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged,
or offered for exchange.
lU
Exhibit B
Chapter 6.10
NUISANCE ABATEMENT AND ADMINISTRATIVE PENALTIES
(Amended) Section:
6.10.020 -Nuisance conditions.
(a} It is declared a public nuisance for any premises in the city to be maintained in
such manner so as to be injurious to the health, or to be indecent or offensive to
the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or for anyone to cause, or engage in
any conduct that is injurious to the health, or indecent or offensive to the senses,
or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property. Such public nuisances shall include,
but are not limited to:
(1) Overgrown, dead, decayed or diseased trees, weeds and other vegetation that:
(A) Is likely to harbor rats, vermin, and other similar nuisances,
(B) Constitutes a fire hazard or a condition dangerous to the public health, safety
and general welfare, or
(C) Constitutes an unsightly appearance or otherwise detracts from the aesthetic
or property values of the neighboring properties;
{2) The presence or accumulation on a premises of any of the following for a
period exceeding two weeks, except when the premises have been approved for
such storage use under the laws and regulations of the city:
{A) Debris, rubbish, scrap materials and trash,
(R) Broken or discarded household furnishings, appliances, boxes and cartons and
similar materials,
(C) An area exceeding one hundred square feet containing lumber and building
materials not being used for construction on the premises,
(D) Vehicle parts and tires, or
(E) Construction equipment and machinery except when in use for construction
on the premises;
{3) Objects including, but not limited to, unprotected and/or hazardous pools,
ponds, ice boxes, refrigerators, or excavations that tend to attract children or other
curious individuals, and which present a threat to the health, safety or welfare of
such indiviiduals;
(4 j Structures or buildings, both permanent and temporary, or other lot
improvements, which are subject to any of the following conditions:
(A) Are structurally unsafe, either entirely or in part,
{B) Constil:ute a fire hazard,
{C) A building or structure which is not completed within a reasonable time or for
which the permit for such construction has expired,
(D) Unoccupied buildings which have been left unlocked or otherwise open or
unsecured from intrusion by persons, animals or the elements,
(E) A building that has been so damaged by fire, wind, earthquake or flood, or has
become so dilapidated that it is structurally unsafe or otherwise unfit for human
habitation,
(F} Have faulty weather protection including, but not limited to, crumbling,
cracked, missing, broken, or loose exterior plaster or other siding, roofs,
foundations or floors (including lack of paint or other protective finish), missing
windows or doors,
(G) Fence<.~ and walls which are in a hazardous condition, or
{H) Broken windows constituting hazardous conditions and inviting trespassers
and malicious mischief;
{5) Maintenance of premises so out of harmony or conformity with the
maintenance standards of adjacent properties as to cause substantial diminution of
the enjoyrrient, use, or property values of such adjacent properties, as determined
by an enforcement officer;
{6) Nuisance activity, or real property that has been the situs for nuisance activity
including, but not limited to:
(A) Disturlbing the peace,
(B) Illegal drug activity,
(C) Public drunkenness,
(D) Drinking alcoholic beverages in public,
(E) Harassment of passersby,
(F) Illegal gambling,
(G) Prostitution,
(H) The Salle of stolen goods,
(I) Acts of violence,
(J) Public urination or defecation,
(K) Acts of vandalism,
(L) Acts of lewd conduct,
(M) Unreasonably loud noise,
(N} Loitering,
(O}Excessive littering,
(P) A violation of the provisions of Campbell Municipal Code Sections 5.12.030,
5.12.150, 5.12.180, 5.16.010, 6.04.020, 6.04.030, 6.04.050, 6.04.OSO,or
20.16.010,
(Q) A violation of any of the provisions of Campbell Municipal Code Chapters
5.08.010, `i.24, 5.28, 5.29, 5.30, 5.36, 5.48, 5.58, 6.1 1, 11.04, 11.08, 11.12, l l .16,
11.32 or 13.04
{R} A violation of any of the provisions of Campbell Municipal Code Titles 7, 14,
17 or 18,
(S) A violation of any of the provisions of Campbell Municipal Code Title 21, or
any use of real property for a purpose or in a manner other than approved under
the provisions of Title 21
(T} The use or maintenance of property in a manner contrary to a court order or
judgment iin an action in which the City is a party, regarding the use or
maintenance of the property;
{U) Any condition that would constitute a nuisance pursuant to Chapter 10.44 of
the Campbell Municipal Code.
(7) Placing; any encroachment upon or obstruction in or to any sidewalks, street,
alley, lane, court, park, or other public place without the approval of the city;
(8} Obstructing the free passage or use, in the customary manner, of any sidewalk,
public park, square, street, or highway; or
(9) The maintenance or use of property in the city in a manner that violates, or
real property that has been the situs of a violation of, any provision of any state or
federal law or regulation.
(b) Nothing contained in this chapter shall prohibit persons from participating in
any activity which the city is precluded from proscribing under the United States
Constitution or the California Constitution.
MEMORANDUM
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CI1'lt' OF CAMPBELL
City Clerk's Office
To: ~~teve Prosser, Associate Planner
From: Wendy Wood, Deputy City Clerk
Date: December 3, 202
Subject: Municipal Code Text Amendment (P~N2012-199) to adopted Chapter
~i.58 and Amend Chapter 6.10
At its regular meeting of November 20, 2012, the City Council gave first reading to
Ordinance 2165, approving a Municipal Code Text Amendment adopting Chapter 5.58
(Tobacco Retailer Permit) and amending Chapter 6.10 (Nuisance Abatement and
AdministrativE~ Penalties); and adopted Resolution 11479, approving a modification to
the FY13 Cit~r of Campbell Fee schedule in order to establish an annual Tobacco
Retailer Permiit Fee of $50.00. Second reading of Ordinance 2165 is scheduled for the
December 4, 2012 meeting.
A certified copy of Resolution 11479 is attached for your records.
RESOLUTION NO. 11479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING
THE FY13 SCHEDULE OF FEES TO ADD A TOBACCO RETAILER PERMIT FEE
WHEREAS, the City Council has approved the establishment of Tobacco Retailer
Permit within the City of Campbell; and,
WHEREAS, the City will incur costs associated with the application of a Tobacco
Retailer Permit in an amount equal to or greater than $50.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell
that the City's Schedule of Fees is amended by adding a Tobacco Retailer Permit
application fee of $50.00.
PASSED AND AIDOPTED, this 20th day of November, 2012, by the following roll call `"
vote:
AYES:
NOES:
ABSTAI N
ABSENT:
Councilmembers: Baker, Waterman, Low, Kotowski
Councilmembers: Cristina
Councilmembers: None
Councilmembers: None
~.
ATTEST:
A e Bybee, City Clerk
Gs_ ^ _ i
Michael F. Kotowski, Mayor
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• ~RCHA'R~ .
City
Council
Report
Item:
Category:
Meeting Date:
s.
Public Hearing
November 20, 2012
TITLE: Public Hearing to consider a City initiated Municipal Code Text
Ameindment (PLN2412-199) to adopt Chapter 5.58 (Tobacco Retailer
Perrrrit) and amend Chapter 6.14 (Nuisance Abatement and
Administrative Penalties).
RECOMMENDATION
Staff recommends that the City Council take the fallowing action:
1. Take first reading of the attached Ordinance, approving a Municipal Code Text
Amendment adopting Chapter 5.58 (Tobacco Retailer Permit) and amending
Chapter 6.10 (Nuisance Abatement and Administrative Penalties).
2. Adopt the attached Resolution, approving a modification to the FY13 City of
Campbell Fee schedule in order to establish an annual Tobacco Retailer Permit fee.
ENVIRONMENTAL DETERMINATION
The proposed Municipal Code Text Amendment is exempt from the California
Environmental C,2uality Act (CEQA) per Section 15061(b)(3) whereby CEQA applies only
to projects which have the potential to cause a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
further CEQA review.
BACKGROUND
The City Council has recognized the dangers of second-hand smoke and last year
adopted ordinance amendments to prohibit smoking in outdoor dining areas and public
parks. During 1:he process to consider amendments to the City's smoking regulations,
the Council directed staff to also analyze the merits of adapting a Tobacco Retailer
Permit consistent with other local governments in the County of Santa Clara. fn
particular, the City Council directed staff to research the feasibility of enacting a local
Tobacco Retail Permit that would allow the City to effectively address tobacco sales
violations more: expeditiously than is presently occurring through State enforcement.
Staff presented its findings at a December 6, 2011 City Council Study Session that
focused on current City tobacco retail enforcement policy, other local agency