HomeMy WebLinkAboutORD 12-25 ESTABLISHING TOBACCO RETAILER PERMIT PROGRAMORDINANCE NO. 12-25
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADDING CHAPTER 5.100 OF
THE ORANGE MUNICIPAL CODE ESTABLISHING
A TOBACCO RETAILER PERMIT PROGRAM
WHEREAS, California Constitution,Article XI, Section 7, authorizes the City of Orange
City") to adopt and enforce local police, sanitary, and other ordinances and regulations that are
not in conflict with general laws; and
WHEREAS, California Business and Professions Code § 22971.3 and Health and Safety
Code § 104559.5(i) confirm that State law does not preempt more restrictive local tobacco
regulation, except regarding State tax collection. It also allows local licensing laws to provide for
the suspension or revocation of a local license for any violation of a State tobacco control law; and
WHEREAS,the State of California enacted laws to limit youth access to tobacco products,
including SB 7 (raising the purchase age to 21), SB 793 (prohibiting flavored tobacco), and AB
935 (enhancing enforcement); and
WHEREAS, California courts in Cohen v. Board of Supervisors (1985) 40 Ca1.3d 277,
Bravo Vending v. City of Rancho Mirage (1993) 16 Ca1:App.4th 383, and Prime Gas v. City of -
Sacramento(2010) 184 Cal.App.4th 697,have affirmed the power of local jurisdictions to regulate
business activity in order to discourage violations of law; and
WHEREAS, on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds
Tobacco Company et al v. County of Los Angeles, et al (9th Cir. 2022) 29 F.4th 542 held that the
Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not
preempt a city from banning the sale of some or all tobacco products; and
WHEREAS, the City Council finds that a local licensing system for tobacco retailers is
appropriate to ensure that retailers comply with tobacco control laws and business standards of the
City Council to protect the health, safety, and welfare of our residents; and
WHEREAS, the City Council intends to ensure compliance with the business standards
and practices of the City and encourage responsible tobacco retailing and to discourage violations
of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of
tobacco and nicotine products to youth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I:
1. The subject Ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) per State CEQA Guidelines (Guidelines) Sections
15060(c)(2) and 15060(c)(3) because review and evaluation of potential impact of the Ordinance
demonstrate that it will not result in a direct or reasonably foreseeable indirect physical change in
the environment, and it is not a"project" as defined in Guideline 15378.
SECTION II:
New Chapter 5.100 of the Orange Municipal Code (Business Tax and Regulations —
Tobacco Retailers) is hereby added to read as follows:
Chapter 5.100
TOBACCO RETAILERS
Sections:
5.100.010- Purpose.
5.100.020-Defmitions.
5.100.030- Tobacco Retailer Permit Eligibility.
5.100.040- Tobacco Retailer Permit Applications.
5.100.050- Issuance,Renewal, or Denial of Tobacco Retailer Permit.
5.100.060 - Prohibitions and Requirements.
5.100.070 - Compliance Monitoring and Right of Entry.
5.100.080-Violations - Fines, Suspension,Revocation.
5.100.090-Appeals—.Denial, Suspension, Revocation.
5.100.100-- Enforcement.
5.100.010 -Purpose.
The purpose of this Chapter is to encourage responsible tobacco retailing and to discourage
violations of tobacco-related laws, especially those that prohibit or discourage the sale or
distribution of tobacco products to minors, but not to expand or reduce the degree to which the
acts regulated by Federal, or State law are criminally proscribed or to alter the penalty provided
for violations.
5.100.020 -Defmitions.
Ancillary tobacco retailer" means a business is a business, such as a grocery store, supermarket,
convenience store, or gas station, where less than 20% of its floor or display area is dedicated to
the sale or display of conventional cigars, cigarettes, or tobacco products.
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 informed and willing parties, neither under
any compulsion to participate in the transaction. A sale between relatives, related companies or
partners, or a sale for the primary purpose of avoiding the effect of violations of this Chapter that
occurred at the location, is presumed not to be an arm's length transaction.
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Cannabis" means the substance defined in California Business and Professions Code Section
26001 and/or California Health and Safety Code Section 11018, as those sections may be amended
from time to time.
Characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of
tobacco, imparted either prior to or during consumption of a tobacco product, as defined in
California Health and Safety Code Section 104559.5(a)(1), as that section may be amended from
time to time.
Drug paraphernalia"means any instrument,device,or material used,designed for use,or intended
for use in ingesting, inhaling, or preparing cannabis, hashish, hashish oil, cocaine, or other
controlled substances, as defined in California Health and Safety Code Sections 11014.5, 11364.5,
and 11364.7, as those sections maybe amended from time to time.
Electronic smoking device"means an electronic and/or battery-operated device,the use of which
may resemble smoking,which can be used to deliver an inhaled dose of nicotine or other substance
in aerosolized or vaporized form to a person, as well as any component, part, or accessory for the
device that is used during its preparation, consumption, or operation. "Electronic smoking device"
includes, but is not limited to, electronic cigarettes, electronic cigars, electronic cigarillos,
electronic pipes, vape pen, electronic hookahs, cartridges, cartomizers, e-liquid, smoke juice,
tanks, vaporizers, tips, atomizers, device batteries, device charges, or any component, part, or
accessory of such a device as contained in State law. "Electronic smoking device"does not include
any product specifically approved-by the United States Food and Drug Administration for sale as
a tobacco cessation product or for other therapeutic purposes.
E-liquid"means any substance that is intended to be consumed in aerosolized or vaporized form
using an electronic smoking device,regardless of the nicotine content or other substance.
Flavored tobacco product" means any tobacco product that contains a characterizing flavor, as
defined in California Health and Safety Code Section 104559.5(a)(6), as that section may be
amended from time to time.
Hearing officer"means impartial person such as:
1) Any administrative law judge provided by the State of California Office of
Administrative Hearings pursuant to Government Code section 27727;
2) Any duly appointed individual who meets the requirements of Government Code
section 27724;
3) Any independent contractor hired from an organization that provides hearing
officers; or,
4) Any person stipulated upon by the City Manager and Appellant.
Imitation tobacco product"means any edible non-tobacco product designed to resemble a tobacco
product or any non-edible non-tobacco product designed to resemble a tobacco product that is
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intended to be used by children as a toy. Examples of imitation tobacco products include,but are
not limited to, candy or chocolate cigarettes,bubble gum cigars, shredded bubble gum resembling
spit tobacco, and shredded beef jerky in containers resembling snuff tins.
Nitrous oxide" means any of the following substances: N2O, dinitrogen monoxide, dinitrogen
oxide,nitrogen oxide, or laughing gas, as defined in California Penal Code Section 381 c(a)as may
be amended from time to time. Nitrous oxide is a colorless nonflammable gas sometimes
informally or colloquially referred to as "nitro", "NOX", "galaxy gas", "whippits", amongst other
names.
Permittee" means any proprietor who holds a valid Tobacco Retailer Permit issued pursuant to
this Chapter.
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 has, or shares, control over the day-to-day
operations of a business.
Significant tobacco retailer" means a business that derives twenty percent (20%) or more of its
floor or display area dedicated to the sale or display of tobacco products or tobacco paraphernalia.
Smoking"means the act of inhaling, exhaling,burning, or carrying any lighted or heated device
or substance, including tobacco, as defined in California Business and Professions Code Section
22950.5(c), as that section may be amended from time to time.
Smoking lounge" means a business establishment, or part thereof, dedicated to the smoking of
tobacco products, electronic cigarettes, or other substances, including but not limited to
establishments commonly known as private smoker's lounges, cigar lounges, hookah lounges,
tobacco clubs, or tobacco bars.
Tobacco paraphernalia"means cigarette papers or wrappers,blunt wraps as defined in California
Penal Code Section 308, pipes, holders of smoking materials of all types, cigarette rolling
machines, or any other instruments or items designed or marketed for the consumption,
preparation, storing, use, smoking or ingestion of tobacco products, as those sections may be
amended from time to time.
Tobacco product" means any product containing, made of, or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, or ingested by any other means, as defined in California Business and Professions Code
Section 22950.5(d), as that section may be amended from time to time.
Tobacco Product Flavor Enhancer"has the meaning set forth in Health and Safety Code Section
104559.5 (a) (18), as may be amended from time to time.
Tobacco retailer" means any person, proprietor, or any of the tobacco retailer's agents or
employees, who sells, offers for sale, exchanges, displays, or offers to exchange for any form of
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consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity
sold, offered for sale, exchanged, displayed, or offered for exchange. "Tobacco retailing" means
engaging in any activities related to the sale, exchange, display, or offer for exchange of tobacco
products, including operating as an ancillary tobacco retailer or a significant tobacco retailer.
5.100.030 -Tobacco Retailer Permit Eligibility.
A. Permit Requirement.
All persons intending to engage in tobacco retailing must obtain a Tobacco Retailer Permit
for each business location within 60 days of the effective date of this Chapter.
B. Zoning and Land Use Restrictions.
1. Permits shall not be issued for locations that violate the City's Zoning Code (Title
17) or are in zones designated solely for residential use.
2. Permits shall not be issued for tobacco retailing at any smoking lounge. Smoking
lounges are prohibited in all zones.
C. Population-Based Cap.
1. The total number of-tobacco retailer permits shall not exceed one per 2,500
residents.
2.Population shall be determined based on the most current U.S. Census Bureau or
California Department of Finance data, whichever is more recent at the time of
application.
3. No new permits shall be issued once the population-based cap is reached.
D. Prohibited Business Types.
1. Permits shall not be issued or renewed for tobacco retailing in pharmacies as
defined by State law.
2. Permits shall not be issued or renewed for any premises licensed by the State to
serve alcohol for on-site consumption, restaurants, or businesses offering food for
on-site consumption.
E. Buffer Zones.
1. No permit shall be issued or renewed for a location within 500 feet of the following
uses:
a.Another permitted tobacco retailer;
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b. A sensitive use, including, but not limited to: schools (public or private,
preschool, K-12), libraries, parks, playgrounds, recreational facilities,
daycare centers (Health & Safety Code § 1596.76), healthcare facilities,
elder care facilities,houses of worship, or other youth-oriented locations.
2.Distance is measured in a straight line from the nearest point on the property line
of the parcel where the proprietor's business is located to the nearest point on the
property line of the parcel of another tobacco retailer or a sensitive use, without
regard to intervening structures or obstacles.
F. Nonconforming Use Exception.
A retailer lawfully operating on the effective date of this ordinance may continue under the
following conditions:
1. The permit is timely obtained and renewed without lapse or permanent revocation.
2. The business does not close or suspend tobacco retailing for more than 60
consecutive days.
3. No substantial change to the premises or operations occurs, including:
a.A transfer in ownership unless it is a bona fide arm's length transaction;
b. A change made primarily to evade enforcement or penalties.
4. The retailer remains compliant with all applicable laws.
If the City finds the operation has substantially changed, the retailer bears the burden of
proving otherwise by a preponderance of the evidence.
G. Expiration of Legal Nonconforming Use.
Permits issued under this section shall be treated as legal nonconforming uses under
Chapter 17.38 of the Zoning Code and subject to its provisions,including,amortization and
termination requirements.
H. Permit is Conditional.
A Tobacco Retailer Permit grants only a limited and conditional privilege to operate at the
location listed on the permit. It does not confer any vested right and does not supersede any
other applicable law, including:
1. The City's zoning,building, or business license requirements;
2. Labor Code § 6404.5 regarding smoking in enclosed workplaces.
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5.100.040 -Tobacco Retailer Permit Applications.
A. Permit Required.
No person shall engage in tobacco retailing within the City without first obtaining and
maintaining a valid Tobacco Retailer Permit for each specific location.
B. Application Procedure.
1. Applications must be submitted on forms provided by the City and include a non-
refundable annual fee as set by City Council resolution.
2.Each application shall include, at minimum, the following:
a.Full legal name, date of birth, government-issued identification number,
mailing address, phone number, and email for each proprietor;
b. Business name, address, phone number, and hours of operation;
c.Disclosure of any prior permit suspensions or revocations under this
Chapter, including dates and reasons;
d. - Proof of a valid State- tobacco retailer license from the- California
Department of Tax and Fee Administration;
e.Any other information deemed necessary by the City Manager for the
administration or enforcement purposes;
f.A signed certification by each proprietor under penalty of perjury affirming
the accuracy of the information provided and compliance with this Chapter.
C. Authority to Adopt Administrative Regulations.
The City Manager may adopt and implement additional administrative regulations,
consistent with this Chapter, to effectively enforce and administer local tobacco control
measures. All regulations must be published in advance and filed with the City Clerk's
Office for public inspection.
D. Change of Information.
Permittee shall notify the City in writing of any changes to submitted application
information within 10 calendar days. A fee as set by City Council resolution may be
imposed for processing such changes.
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E. Non-Transferability.
Tobacco Retailer Permits are non-transferable between persons, proprietors, or locations.
Any attempted transfer shall be null and void. A new permit application is required for any
change in ownership or location, subject to all applicable conditions.
F. Effect of Prior Violations at Location.
Permit ineligibility due to prior violations at a location shall continue to apply unless:
1. The business has been transferred to a new proprietor or proprietors in a bona fide
arm's length transaction; and
2. The new proprietor submits clear and convincing evidence of such transfer to the
City's satisfaction.
5.100.050- Issuance, Renewal, or Denial of Tobacco Retailer Permit.
A. Tobacco Retail Permit Review and Issuance.
The City Manager or designee reviews each completed Tobacco Retail Permit application
and may conduct an investigation to determine compliance with this Chapter and
applicable laws. A Tobacco Retail Permit may be issued or renewed unless the City
Manager determines that one or more of the following conditions exist:
1. The application is materially incomplete or contains inaccurate, false, fraudulent,
or misleading information;
2. The applicant seeks authorization for tobacco retailing that is prohibited, unlawful
or violates this Chapter or other applicable City, County, State, or Federal law or
regulation;
3. The applicant has not resolved outstanding fines, penalties, fees, or taxes owed to
the City in connection with tobacco retailing activities or other applicable laws;
4. The location is currently subject to an active suspension or revocation proceeding,
unless:
a.The applicant has acquired the business or premises through a good-faith,
arm's length transaction and provides satisfactory documentation; or
b. At least five years have passed since the date of revocation.
B. Tobacco Retail Permit Term and Renewal.
1. A permit is valid for one year from the date of issuance and must be renewed
annually to continue as a tobacco retailer.
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2. To maintain continuity, renewal applications should be submitted at least 30 days
before expiration.
3. Any permit not renewed by its expiration date automatically expires at midnight,
with no grace period or temporary permit issued thereafter. Once a permit expires,
all tobacco retailing must cease. A new application is required, subject to all
applicable conditions.
4.If a permit has expired during a suspension or revocation period,the permittee may
reapply after the enforcement action has concluded, subject to all applicable
conditions of this Chapter.
5.100.060 Prohibitions and Requirements.
A. Compliance with Laws.
Tobacco retailers shall operate in accordance with all applicable local, State, and Federal
laws, including but not limited to zoning, building, fire, public health, safety, general
welfare and tobacco control regulations.
B. Fixed Location Required.
Tobacco retailing must occur from a fixed, permanent location. Retailing from vehicles,
temporary structures, or mobile operations (e.g., carts,pop-up booths) is prohibited.
C. Prohibited Products and Activities.
The following items shall not be sold, distributed, displayed, furnished, administered,
exchanged, given away, or possessed with the intent to sell or offered for sale by any
tobacco retailer:
1. Drug paraphernalia;
2. Nitrous oxide or any device used to dispense it as defined by State law and City
Code;
3.Cannabis, cannabis products, cannabis accessories, or edible cannabis products as
defined in State or Federal law;
4.Controlled substances, including marijuana where applicable, as governed by
California Health and Safety Code Sections 11351, 11352, 11359, 11360, 11366,
11378, and 11379 as may be amended from time to time.
5.Flavored tobacco products and tobacco product flavor enhancer, as prohibited
under State or Federal law;
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6.Electronic smoking devices and related paraphernalia and accessories, effective
July 1, 2026,unless preempted or otherwise limited by State or Federal law at that
time;
7.Imitation tobacco products,including but not limited to candy cigarettes and bubble
gum cigars;
8.Edible tobacco look-alike products, including but not limited to snacks packaged
or marketed to resemble tobacco products;
9. Disguised vape or electronic smoking devices, including but not limited to those
made to look like USB drives,pens,markers,phone cases,watches,lipstick,remote
keys or other non-tobacco items.
10. Unlawful weapon sales, including but not limited to violations of California Penal
Code sections 17235 (switchblade knives over two inches), 20410 (ballistic
knives), 21810 (brass knuckles) as may be amended from time to time, and any
other applicable local, State or Federal laws.
D. Self-Service Displays.
Self-service displays of tobacco products are prohibited as established by State law. All
tobacco sales must be conducted by a tobacco retailer directly assisting the customer. -
E. Minimum Age and Identification.
1. No person under the minimum legal age determined by the stricter of State or
Federal law for purchasing or possessing tobacco products may engage in,or assist
with tobacco retailing.
2. A tobacco retailer must request and check a valid, government-issued photo
identification of any person who appears under thirty (30) years of age, to ensure
the customer meets the minimum age to purchase and possess tobacco products as
required by the stricter of State or Federal law.
F. Packaging, Labeling, and Pricing.
1.Tobacco products must be sold in the original manufacturer's packaging,compliant
with all Federal and State labeling and child-resistant packaging laws.
2. Prices must be clearly displayed on the product or nearby shelf or signage.
G. Display of Licenses and Permits.
The City-issued Tobacco Retailer Permit, business license, and all applicable State or
Federal licenses must be visibly posted within 5 feet of the point-of-sale register.
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H. Premises Regulations.
1. The business must maintain a clearly designated front entrance for customers. All
non-emergency public access must occur through this entrance.
2. Front entrance doors must remain unlocked during regular business hours, unless
temporarily secured for safety or emergency response.
3. No business shall engage in tobacco retailing between the hours of 2 o'clock a.m.
and 6 o'clock a.m. of the same day, effective July 1, 2026, unless preempted or
otherwise limited by State or Federal law at that time
I.Signage Compliance.
Retailers must comply with all signage requirements in Title 17 of the Orange Municipal
Code and all applicable State and Federal laws related to tobacco warnings,age restrictions,
and advertising.
J.Special Events and Temporary Retailing Prohibited.
Tobacco retailing at special events,outdoor markets, street fairs, or temporary setups is not
permitted under this Chapter.
5.100.070- Compliance Monitoring and Right of Entry.
The City may enter any permitted tobacco retail location during business hours to inspect for
compliance with this Chapter and applicable laws. Inspections may be routine, unannounced,
complaint-based, or involve youth decoy operations. Access must be granted to all areas of the
premises, including but not limited to sales floors, storage rooms, offices, restrooms, cabinets,
drawers, hidden compartments, safes, counters, closets. Refusal to allow entry may constitute a
violation of this Chapter.
5.100.080-Violations -Fines, Suspension,Revocation.
A. Grounds for Enforcement.
A Tobacco Retailer Permit may be subject to warnings, fines, suspension, or revocation if
the permittee or their agents or employees:
1. Violate any provision of this Chapter;
2. Are found liable in court or administrative proceedings for violating applicable
tobacco control laws; or
3. Admit to or plead guilty or no contest to such violations.
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B. Unpermitted Tobacco Retailing.
Operating without a valid permit is a violation and may result in fines established by City
Council resolution.
C. Progressive Penalties (within any 5-year period) as established by City Council resolution:
1.1st Violation: Written warning or fine; compliance required within 72 hours.
2.2nd Violation: Fine and/or 30-day suspension.
3.3rd Violation: Fine and/or 60-day suspension.
4. 4th Violation: Fine and/or 90-day suspension.
5.5th or Subsequent Violation: Fine and/or 120-day suspension.
6. Revocation: After a 5th or subsequent violation, the permit may be revoked.
D. Appeals of fines.
Administrative fines may be appealed under Chapter 1.10 of the Orange Municipal Code.
E. Conditions During Suspension or Revocation.
During a suspension or revocation period:
1. All tobacco products and related items must be removed from customer view and/or
stored in a secured, non-public area.
2. A City-issued notice must be posted at all public entrances and points of sale,
stating the reason and duration of the enforcement action.
Failure to comply may constitute a new violation..
5.100.090 -Appeals—Denial, Suspension, Revocation.
A. Notice of Action.
Before denying, suspending, or revoking a Tobacco Retailer Permit or following the
seizure of items prohibited under this Chapter, the City Manager shall issue written notice
to the permittee or applicant. The notice shall include:
1. The proposed enforcement action;
2. A brief summary of the reason(s) and applicable code section(s);
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3. Instructions for requesting an administrative review.
B. Right to Request Review.
A permittee or applicant may request administrative review by submitting a written request
to the City Clerk within 10 calendar days of the notice. The request must include any
applicable appeal fee as set by City Council.
C. Scheduling the Review.
Upon receiving a timely request, the City shall schedule an administrative review. The
review shall be conducted within a reasonable time, and notice shall be provided to the
appellant at least 10 calendar days in advance.
D. Hearing Process.
1. The hearing shall be conducted by a neutral hearing officer.
2. Both parties may present evidence, provide written statements or oral testimony,
and be represented by legal counsel.
3. Formal rules of evidence do not apply, but relevant and reliable evidence will be
considered.
4. Hearings may be continued for good cause.
E. Burden of Proof.
The City bears the burden of proving the violation by a preponderance of the evidence.
F. Failure to Participate.
If the appellant fails to appear or otherwise participate in the hearing, the appeal will be
deemed withdrawn and considered a waiver of the right to exhaust administrative remedies.
G. Final Decision.
The hearing officer shall issue a written decision within a reasonable time following the
hearing. The decision shall include findings and be final upon issuance. Judicial review is
available under California Code of Civil Procedure §§ 1094.5 and 1094.6.
H. Permit Ineligibility Following Revocation.
If a permit is revoked, no new or renewal permit shall be issued for the same business
location for up to 5 years,unless the City determines that substantial changes in ownership
or operations justify reconsideration.
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5.100.100 - Enforcement.
A. The remedies provided in this Chapter are in addition to any other remedies available under
local, State, or Federal law. Nothing in this Chapter limits the City's authority to pursue
any available legal remedy, including but not limited to nuisance abatement, permit or
business license suspension or revocation, or enforcement under Chapters 1.08 or 1.10 of
the Orange Municipal Code.
Each day a violation of this Chapter continues constitutes a separate offense. Any person
who violates, aids,permits, or conceals a violation may be subject to:
1. Administrative citations and fines;
2.Civil enforcement actions with reasonable attorneys' fees and costs;
3.Criminal prosecution as a misdemeanor; and/or
4. Public nuisance abatement under California Civil Code § 3480.
5. Tobacco products, paraphernalia, drug paraphernalia, nitrous oxide, flavored
tobacco products, or other prohibited items sold, in violation of this Chapter may
be seized by authorized City personnel and subject to forfeiture, unless the
permittee demonstrates compliance.
Seizures may be appealed through the procedures set forth in this Chapter. If not appealed
or if upheld after review, seized items shall be destroyed in accordance with Orange Police
Department policy and applicable law.
B. Evidence of Violations: If a violation is partially based on the involvement of a person
under the age of eighteen(18)years old, that individual is not required to appear or testify
in any civil or administrative enforcement process brought to enforce this Chapter. The
alleged violation will be adjudicated based upon the sufficiency and persuasiveness of the
evidence presented.
SECTION III:
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.
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SECTION IV:
The City Clerk is hereby directed to certify the adoption of this Ordinance and cause a
summary of the same to be published as required by law. This Ordinance shall take effect thirty
30) days from and after the date of its final passage.
ADOPTED this 24th day of June, 2025.
iel R. Slater, Mayor, City of Orange
ST:
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayne W. Winthers
Interim City Attorney, City of Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the
10th day of June,2025, and thereafter at the regular meeting of said City Council duly held on the
24th day of June, 2025 was duly passed and adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez,
Gyllenhammer, Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: N
Pamela Coleman, City Clerk, Cityf orange
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