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<br />Icp:10/16/06 <br /> <br />RESOLUTION <br /> <br />A RESOLUTION FROM THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA ESTABLISHING A TOBACCO RETAIL <br />LICENSE FEE AND ADDING THIS FEE TO THE UNIFORM <br />SCHEDULE OF MISCELLANEOUS FEES <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. The City Council has this day introduced an ordinance regulating the retail <br />sale of tobacco products ("The Tobacco Ordinance"), that would permit <br />Council to establish by resolution an annual fee for a license to authorize <br />tobacco retailing at fixed locations. <br /> <br />B. The Council finds that, as to this fee: <br /> <br />1. The funds raised by this fee are to be used exclusively to pay for <br />City programs to administer the program established by The Tobacco <br />Ordinance to encourage tobacco retailers' compliance with all federal, <br />state and local tobacco control laws and to discourage retailers from <br />selling or distributing tobacco, tobacco products, or tobacco paraphernalia <br />to minors in the City. <br /> <br />2. There is a reasonable relationship between the use of these fees <br />and the retailers on which the fee is imposed, in that the fees that will be <br />charged by the City will be used to pay for staff efforts and contract for <br />enforcement services to ensure that the tobacco retailers who pay this fee <br />act in accordance with the City's license program and to discourage <br />retailer from selling or distributing tobacco to minors. It is also to the <br />benefit of those paying the fee, i.e., tobacco retailers, to have dedicated <br />efforts by City staff to ensure that their competitors comply with the City's <br />license program. <br /> <br />3. There is a reasonable relationship between the impacts the City <br />experiences from tobacco retailing, and the tobacco retailers on whom the <br />fee is imposed because the fee is based upon a portion of the cost of <br />administration, implementation, monitoring and enforcement of the <br />tobacco retail licensure program. The Council finds in adopting this fee <br />that the more tobacco retail licenses the City issues to tobacco retailers, <br />the more impacts there are on City resources. <br /> <br />758-19 <br /> <br />Resoiution No. 2006-XXX <br />Page 1 of 2 <br />