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<br />4. This fee will take be imposed commencing January 1,2007. <br /> <br />5. The fee for this service would not duplicate any existing fee, <br />charge, levy, or other toll currently collected by the City or any public <br />agency, and would be distinct and separate from any current or future fee <br />imposed by the County of Orange on tobacco retailers. <br /> <br />6. The moneys collected by this fee would be directed into a fund that <br />would be used only to recover the cost of administration, implementation, <br />monitoring and enforcement of the tobacco retail licensure program. <br /> <br />C. Based upon the City's study the annual cost of administering, <br />implementing, monitoring and enforcing the license program exceeds <br />$350.00 per tobacco retail location. A written study confirming this fact is <br />on file with the Clerk of the Council and is incorporated herein by <br />reference as though fully set forth. <br /> <br />D. Based upon all the testimony, reports and other evidence submitted on <br />this matter, this City Council makes the above-specified findings. <br /> <br />Section 2. An annual $350.00 per license fee is hereby established for each <br />proprietor applying for a tobacco retail license at a given location. This annual fee will <br />be collected beginning January 1, 2007. <br /> <br />Section 3. Without further action of the City council this fee shall be <br />incorporated into the City's miscellaneous Fee Schedule. <br /> <br />Section 4. If any charge, fee, service charge, section, subsection, sentence, <br />clause, phrase or word of this Resolution is for any reason held to be invalid by a court <br />of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this Resolution. The City Council hereby declares that it would have passed <br />and adopted this Resolution, and each and all provisions hereof, irrespective of the fact <br />that one or more provisions may be declared invalid. <br /> <br />Section 5. This Resolution shall take effect only if The Tobacco Ordinance is <br />adopted and at the same time it becomes effective, and the Clerk of the Council shall <br />attest to and certify the vote adopting this Resolution. <br /> <br />Resolution No. 2006-XXX <br />Page 2 of 2 <br /> <br />758-20 <br />