Item 30 - HEALTH AND SANITATION ARTICLE III. TOBACCO RETAIL LICENSE

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by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. (f) PROXIMITY TO YOUTH‐ORIENTED FACILITIES. No license shall be issued, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a youth‐ oriented facility as measured by a straight line from the nearest point of the property line of the parcel on which the youth‐oriented facility is located to the nearest point of the property line of the parcel on which the applicant’s business is located. (g) PROXIMITY TO OTHER TOBACCO RETAILERS. No license shall be issued, and no existing license may be renewed, to authorize tobacco retailing within [ 1000 ] feet of a tobacco retailer location already licensed pursuant to this article as measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the parcel on which an existing licensee’s business is located. (h) POPULATION AND DENSITY. The issuing of tobacco retailer licenses is limited as follows: (1) The total number of tobacco retailer licenses within the city shall be limited to one for each [ 2,500 ] inhabitants of the city. (2) For the purposes of this subsection, the total population of the city shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed. (3) No new license may issue to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (1). (Ord. No. NS‐2729, § 2, 11‐20‐06) Sec. 18‐93. Application procedure. (a) Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. (b) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. (c) No proprietor may rely on the issuance of a license as a determination by the City that the proprietor has complied with all laws applicable to tobacco retailing. (d) A license issued contrary to this article, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to section 18‐101. Commented [PHLC2]: This is our standard recommendation, but since Santa Ana is so large, it may wish to consider setting a lower limit (higher population per retailer). Our model ordinance has helpful findings about the effectiveness of density restrictions that could be worth adding to an ordinance.