HomeMy WebLinkAboutRES-11624 ESTABLISHING ANNUAL PERMIT FEE AND FINES FOR THE TOBACCO RETAILER PERMIT PROGRAMRESOLUTION NO. 11624
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ORANGE AMENDING
THE CITY'S MASTER FEE SCHEDULE
ESTABLISHING AN ANNUAL PERMIT FEE
AND FINES FOR THE 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 Government Code Section 53069.4 authorizes the City Council to
adopt an ordinance which makes any violation of the Orange Municipal Code("OMC")subject to
an administrative fine as contained in Chapter 1.10; 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 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; and
WHEREAS,on June 10,2025,the City introduced Ordinance No. 12-25 for First Reading
adding Chapter 5.100 of the Orange Municipal Code establishing a Tobacco Retailer Permit
Program, and City Council adopted Ordinance No. 12-25 on June 24, 2025.
NOW,THEREFORE,BE IT BE RESOLVED by the City Council of the City of Orange
as follows:
1. An annual Tobacco Retailer Permit processing fee of$880.00 for each specific tobacco
retailing location shall be required for an application for a Tobacco Retailer Permit.
2. A Tobacco Retailer Permit Change of Information Fee of$337.10 shall be imposed
when any applicant who has been issued a Tobacco Retailer Permit changes any
information as provided in the application or Chapter 5.100 of the Orange Municipal
Code.
3. As provided in Section 5.100.080.E of the Orange Municipal Code, the following
schedule of administrative fines is adopted for unpermitted tobacco retailing:
a. Operating without a valid permit is a violation and punishable by a fine of$750.
4. As provided in Section 5.100.080.0 of the Orange Municipal Code, the following
schedule of administrative fines is adopted for progressive penalties:
a. Every violation is punishable by a fine of$500 for a first violation within 5-year
period.
b. Every violation is punishable by a fine of$1,000 for a second violation within 5-
year period.
c. Every violation is punishable by a fine of$1,500 for a third violation within 5-year
period.
d. Every violation is punishable by a fine of$2,000 for a fourth violation within 5-
year period.
e. Every violation is punishable by a fine of$4,000 for a fifth violation within 5-year
period.
f. Every violation is punishable by a fine of$5,000 for subsequent violations within
5-year period.
5. This Resolution shall be effective immediately upon the effective date of Ordinance
No. 12-25.
ADOPTED this 22nd day of July 2025.
R. Slater, Mayor, City of Orange
ATTEST:
FP___,C4gentetAL_
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
Wayn . 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 Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 22nd day of July 2025,by the following vote:
AYES: COUNCILMEMBERS: Bilodeau, Barrios, Dumitru, Tavoularis, Gutierrez
Gyllenhammer, Slater
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
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