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HomeMy WebLinkAbout2006-073 - Establishing a Tobacco Retail License Fee Icp:10/16/06 RESOLUTION 2006-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A TOBACCO RETAIL LICENSE FEE AND ADDING THIS FEE TO THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council has this day introduced an ordinance regulating the retail sale of tobacco products ("The Tobacco Ordinance"), that would permit Council to establish by resolution an annual fee for a license to authorize tobacco retailing at fixed locations. B. The Council finds that, as to this fee: 1. The funds raised by this fee are to be used exclusively to pay for City programs to administer the program established by The Tobacco Ordinance to encourage tobacco retailers' compliance with all federal, state and local tobacco control laws and to discourage retailers from selling or distributing tobacco, tobacco products, or tobacco paraphernalia to minors in the City. 2. There is a reasonable relationship between the use of these fees and the retailers on which the fee is imposed, in that the fees that will be charged by the City will be used to pay for staff efforts and contract for enforcement services to ensure that the tobacco retailers who pay this fee act in accordance with the City's license program and to discourage retailer from selling or distributing tobacco to minors. It is also to the benefit of those paying the fee, i.e., tobacco retailers, to have dedicated efforts by City staff to ensure that their competitors comply with the City's license program. 3. There is a reasonable relationship between the impacts the City experiences from tobacco retailing, and the tobacco retailers on whom the fee is imposed because the fee is based upon a portion of the cost of administration, implementation, monitoring and enforcement of the tobacco retail licensure program. The Council finds in adopting this fee that the more tobacco retail licenses the City issues to tobacco retailers, the more impacts there are on City resources. Resolution No. 2006-073 Page 1 of 3 4. This fee will take be imposed commencing January 1, 2007. 5. The fee for this service would not duplicate any existing fee, charge, levy, or other toll currently collected by the City or any publiC agency, and would be distinct and separate from any current or future fee imposed by the County of Orange on tobacco retailers. 6. The moneys collected by this fee would be directed into a fund that would be used only to recover the cost of administration, implementation, monitoring and enforcement of the tobacco retail licensure program. C. Based upon the City's study the annual cost of administering, implementing, monitoring and enforcing the license program exceeds $350.00 per tobacco retail location. A written study confirming this fact is on file with the Clerk of the Council and is incorporated herein by reference as though fully set forth. D. Based upon all the testimony, reports and other evidence submitted on this matter, this City Council makes the above-specified findings. Section 2. An annual $63500 per license fee is hereby established for each proprietor applying for a tobacco retail license at a given location. This annual fee will be collected beginning January 1, 2007. Section 3. Without further action of the City council this fee shall be incorporated into the City's miscellaneous Fee Schedule. Section 4. If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5. This Resoiution shall take effect only if The Tobacco Ordinance is adopted and at the same time it becomes effective, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 16th day of October, 2006 Resolution No. 2006-073 Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney I /. / B j I I.. .., '"",~. Y:;-l../ //<'-r!-t&"'{:[L/ Lotena C PerialdW Assistant City Attorney AYES Councilrnembers Alvarez. Bist. Bustamante, Christy. Garcia. Pulido. Solorio (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2006-073 to be the original resolution adopted by the City Council of the City of Santa Ana on October 16. 2006. ~ Date: /YJ-/'1~ 8.t: __r "- ~ 127-. ,,-~.cJ Patricia E. Healy Clerk of Council City of Santa Ana Resolution No. 2006-073 Page 3 013