HomeMy WebLinkAbout020420-08.1 ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council February 4, 2020
SUBJECT: Ordinance No. 2020-01, amending Section 7-6 of the Danville Municipal
Code regulating tobacco retailing, advertising and promotion, and banning
the sale of flavored tobacco products and electronic smoking devices
BACKGROUND
Over the years, the Town Council has taken several steps aimed at minimizing the
availability of tobacco and vaping products to minors. These include Ordinance No. 99-06,
which established a requirement for tobacco retailers to obtain a license from the Town,
established regulations for advertising tobacco products, and prohibited certain forms of
tobacco advertising in proximity to schools and parks. In 2018, the Council adopted an
emergency moratorium, and subsequently a permanent zoning amendment prohibiting any
new tobacco retailers within 1,000 feet of a school, park or library. The ordinance also
prohibits hookah and vapor lounges anywhere in Danville.
At the time the zoning ordinance was adopted, the Council expressed a desire to consider
further legislation to address vaping and flavored tobacco/vaping materials. Those topics
are addressed in the proposed Ordinance.
DISCUSSION
While the use of e-cigarettes or vaping has been rapidly increasing over the past decade,
their use has become a serious public health issue in the United States in the past few years.
As of November 2019, over 2,000 vaping related injuries had been reported to the Centers
for Disease Control (CDC), including 39 deaths. The California Department of Public
Health, the CDC and the FDA have all released health alerts about the risks involved in
vaping.
The growth of e-cigarettes has been particularly explosive in minors. The Contra Costa
County Health Department reports that use among minors has increased 135% in the past
two years in spite of the fact that it is illegal to sell to anyone under the age of 18. A survey
by the National Youth Tobacco Survey showed that 1 in 20 middle schoolers and 1 in 4 high
schoolers nationwide are vaping. A 2016 survey in Contra Costa County showed that 1 in
3 11th graders have vaped. Among youths who vape, a study by the National Institute of
Health found that 4 out of 5 use flavored nicotine products.
Vaping and E-Cigarette Retailing 2 February 4, 2020
Efforts at the federal and state level
At the federal level, there has been an ongoing process at the FDA to determine appropriate
regulations for the e-cigarette/vaping devices themselves. Some of this is tied to the
requirement that the FDA preapprove any tobacco product that was not on the market as of
February 15, 2017. The vast majority of e-cigarettes and vaping devices do not yet have this
preapproval and it is unclear when that process will move forward.
More recently, the government has taken action on two additional issues:
•It has proposed new regulations (scheduled to go into effect in February 2020 that
would ban fruit and mint-flavored vaping products sold in cartridges. The proposed
regulations would not apply to menthol or tobacco flavored products and would not
apply to so-called “tank systems,” in which the user mixes their own vaping juice
and nicotine.
•In December 2019, the FDA raised the minimum age to purchase tobacco products,
including e-cigarettes and vaping materials, from 18 to 21. California has had a
minimum age of 21 since 2016.
At the state level, SB 973 (with Senator Glazer as a sponsor and Assemblymember Bauer-
Kahan as a principal co-author) has been introduced. This bill would ban the sale of all
flavored tobacco products, including menthol. A similar bill was introduced last year but
was not enacted.
What are other local agencies doing?
Given the lack of action at the state level and mixed messages at the federal level, a number
of local jurisdictions have adopted ordinances addressing the sale of e-cigarettes and vaping
materials. There are two primary versions of these ordinances:
•All recent ordinances contain a ban on all flavored tobacco/vaping products, which
goes beyond what the FDA is proposing. Contra Costa County also banned the sale
of menthol cigarettes.
•Some jurisdictions have added a second element which is to ban the sale of e -
cigarettes and vaping fluids. This has not been universally adopted and has been
somewhat more controversial. As an example, the City of Livermore’s ordinance
containing such a ban was the subject of a successful referendum petition, sponsored
by JUUL. That petition was ultimately withdrawn and the ordinance has gone into
effect.
Regardless of which options are selected, another issue is the effective date of the ordinance.
While most cities have gone with the standard 30 day effective date after adoption, the City
of Dublin, which adopted their ordinance in January, gave local retailers until July 1, 2020
to comply, presumably in an effort to allow retailers to address their existing inventories.
The Town did something similar when the plastic bag ban was adopted and language could
be easily added to the draft ordinance should the Council so desire.
Vaping and E-Cigarette Retailing 3 February 4, 2020
The draft Ordinance
The draft ordinance amends Chapter 7-6 of the Danville Municipal Code (see Attachment
B). This is the ordinance first adopted in 1999 (as referenced in the Background section of
this report) and has not been updated to be consistent with the zoning text amendment
adopted in 2018. The draft ordinance would make the following changes:
•Update the definitions to match those found in the Town’s zoning ordinance as well
as adding new terms needed to address flavored tobacco products and e-cigarettes.
•Section 7-6.4 is amended to replace the word “minor” with “any person under the
age of 21” to reflect the 2016 change in state law raising the age from 18 to 21.
•Section 7-6.14 is amended to correct a typo.
•Sections 7-6.17 and 7-6.18 are added to ban the sale of flavored tobacco products and
e-cigarettes and e-liquids.
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. Notices were
mailed to all licensed tobacco retailers in the Town (see Attachment C). Patty Hoyt of the
Discovery Counseling Center was provided with a copy of the staff report and draft
ordinance. Posting of the meeting agenda serves as notice to the general public.
FISCAL IMPACT
None.
RECOMMENDATION
Introduce and read by title only Ordinance No. 2020-01, amending Section 7-6 of the
Danville Municipal Code regulating tobacco retailing, advertising and promotion and
banning the sale of flavored tobacco products and electronic smoking devices and return for
second reading on February 18, 2020.
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A-Ordinance No. 2020-01
B-DMC Section 7-6 (existing)
C-List of existing tobacco retailers
ORDINANCE NO. 2020-01
AMENDING SECTION 7-6 OF THE DANVILLE MUNICIPAL CODE
REGULATING TOBACCO RETAILING, ADVERTISING AND PROMOTION,
AND BANNING THE SALE OF FLAVORED TOBACCO PRODUCTS AND
ELECTRONIC SMOKING DEVICES
The Danville Town Council does ordain as follows:
SECTION 1. FINDINGS.
In enacting this ordinance, the Town Council makes the following findings:
WHEREAS, nationwide, electronic cigarette use has increased at alarming rates since the
first products became available about 10 years ago, and while there have been many
successful efforts to reduce underage tobacco use, the growing availability of e-cigarettes
has reversed those positive trends; and
WHEREAS, electronic smoking devices often mimic conventional tobacco products in
shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance
to the exhaled smoke from cigarettes and other conventional tobacco products; and
WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (the
“Tobacco Control Act”), enacted in 2009, prohibited candy and fruit-flavored cigarettes,
largely because these flavored products were marketed to youth and young adults, and
younger smokers were more likely to have tried these products than older smokers; and
WHEREAS, although the manufacture and distribution of flavored cigarettes (excluding
menthol) is banned by federal law, neither federal nor California laws restrict sales of
flavored non-cigarette tobacco products, such as electronic smoking devices and the
nicotine solutions used in these devices; and
WHEREAS, flavored non-cigarette tobacco products have become increasingly common
and are available in a variety of flavors that appeal to children and young adults,
including apple, cherry, chocolate, grape, peach, strawberry, and vanilla; and
WHEREAS, the U.S. Surgeon General has stated that flavored tobacco products are
considered to be “starter” products that help establish smoking habits that can lead to
long-term addiction; and
WHEREAS, a central requirement of the Tobacco Control Act is premarket review of all
new tobacco products not on the market in the United States as of February 15, 2007 —
must be authorized by the FDA for sale in the United States before it may enter the
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ATTACHMENT A
PAGE 2 OF ORDINANCE NO. 2020-01
marketplace. A new tobacco product may not be marketed until the FDA has found that
the product is: (1) appropriate for the protection of the public health upon review of a
premarket tobacco application; (2) substantially equivalent to a grandfathered product;
or (3) exempt from substantial equivalence requirements; and
WHEREAS, the FDA’s premarket review process is intended to determine if a tobacco
product is appropriate for the protection of the public health “with respect to the risks
and benefits to the population as a whole, including users and non -users of the tobacco
product, and taking into account: (A) the increased or decreased likelihood that existing
users of tobacco products will stop using such products; and (B) the increased or
decreased likelihood that those who do not use tobacco products will start using such
products”; and
WHEREAS, virtually all electronics cigarettes that are sold today are considered “new
tobacco products” under the Tobacco Control Act, but have not obtained a premarket
review order and the FDA has not taken action to enforce this requirement; and
WHEREAS, in 2017, the FDA issued Guidance that gives electronic cigarette
manufacturers until August 8, 2022 to submit their application for premarket review. The
Guidance further allows unapproved products to stay on the market indefinitely, until
such time as the FDA complies with its statutory duty to conduct a premarket review to
determine whether a new tobacco product poses a risk to public health. In March 2019,
the FDA issued draft guidance in which it considered moving the premarket application
deadline up by one year for certain flavored e-cigarettes products. It is not known when,
if ever, this narrow adjustment will become final or will take effect; and
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties
with the authority to enact ordinances to protect the health, safety, welfare, and morals
of their citizens; and
WHEREAS, the FDA and federal law also expressly grants state and local governments
the right to enact measures that are more restrictive than those in the federal law; and
WHEREAS, the Town of Danville has a substantial interest in promoting compliance with
federal, state, and local laws prohibiting the sale or furnishing of tobacco products and
electronic cigarette products to minors and in discouraging the illegal purchase of tobacco
and electronic cigarette products by minors.
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SECTION 2. AMENDING SECTION 7-6 OF THE DANVILLE MUNICIPAL CODE.
Section 7-6 of the Danville Municipal Code is hereby amended by adding the following
subsections to read as follows:
SECTION 7-6
TOBACCO RETAILING, ADVERTISING, PROMOTION AND LICENSING
7-6.1 Definitions.
The following words and phrases, whenever used in this Section 7-6, shall be construed
as defined herein:
Advertising display sign means any sign, billboard, signboard, poster, placard, pennant,
banner, graphic display, mural, or similar device that is used to advertise or promote a
product.
Characterizing flavor means a distinguishable taste or aroma imparted by a tobacco
product or any byproduct produced by the tobacco product that is perceivable by an
ordinary consumer by either the sense of taste or smell, other than the taste or aroma of
tobacco. A "characterizing flavor" includes, but is not limited to, a taste or aroma relating
to a fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol,
mint, wintergreen, herb, or spice.
Electronic smoking device shall mean an electronic device that can be used to deliver an
inhaled dose of nicotine, or other substances. An "electronic smoking device" includes a
device that is manufactured, distributed, marketed, or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape
pen, or a vapor pen.
E-liquid means any substance that is intended to be consumed in aerosolized or vaporized
form using an electronic smoking device, regardless of the nicotine content of the
substance.
Flavored tobacco product means any tobacco product, other than cigarettes as defined by
federal law, that contains a constituent that imparts a characterizing flavor. A tobacco
product whose labeling or packaging contains text or an image indicating that the
product imparts a characterizing flavor is presumed to be a flavored tobacco product.
Mobile billboard means any sign, billboard, signboard, poster, placard or other advertising
display upon or affixed to a vehicle which display is used to advertise a product illegal
to sell to minors, when the supporting vehicle or trailer is parked within a public right-
of-way or on private property and visible to the public for a duration of time and in a
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manner which clearly indicated that the sign is for advertising products illegal to sell to
minors or which carry a specific brand name, logo, or indicia of a product illegal to sell
to minors. For the purpose of this section, a mobile billboard shall not include any
advertisements on the side of a van, truck, or other vehicle which is primarily used for
the transportation of goods or products.
Person means any individual, firm, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or other legal entity.
Promote or promotion means a display of any logo, brand name, character, graphic,
artwork, colors, scenes, or designs that are a recognized image of a particular product
brand of tobacco that calls the public’s attention to the product brand.
Publicly visible location means any outdoor location that is visible from any street,
sidewalk, or other public thoroughfare, or any location inside a commercial
establishment that is in or immediately adjacent to a window or doorway and is visible
from any street, sidewalk, or other public thoroughfare.
Smoking paraphernalia shall mean cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the
consumption or preparation of tobacco or cannabis products; electronic smoking devices
and items specifically designed for the preparation, charging, or use of electronic
smoking devices including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers,
electronic smoking device batteries, electronic smoking device chargers, and any other
electronic smoking device paraphernalia.
Tobacco product means any of the following:
i. Any product containing, made from, or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not
limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.
ii. Any Electronic smoking device.
iii. Any component, part, or accessory of a tobacco product, whether or not it
is sold separately.
iv. "Tobacco product" does not include any product that has been approved by
the United States Food and Drug Administration for sale as a tobacco cessation product
or for other therapeutic purposes where the product is mar keted and sold solely for that
approved purpose.
Tobacco retailer means any person or entity that sells tobacco, tobacco products, electronic
smoking devices, smoking paraphernalia, or any combination thereof, including retail or
wholesale sales. "Tobacco retailing" shall mean the doing of any of these things. This
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definition is without regard to the quantity of tobacco, tobacco products or smoking
paraphernalia sold, offered for sale, exchanged, or offered for exchange.
Town Manager means the Town Manager for the Town of Danville or his or her designee.
7-6.4 Distribution or Sale of Tobacco-Related Promotional Items to person under 21.
No person may market, license, distribute, sell or cause to be marketed licensed,
distributed or sold any item or service to any person under the age of 21, which bears the
brand name, alone or in conjunction with, any other word, logo, symbol, motto, sell ing
message, recognizable color or pattern of colors, or any other indicia or product
identification identical with, or similar to, or identifiable with, those used for any brand
of tobacco product.
7-6.14 Violations.
(a) Any person violating any provision of this Section 7-6 shall be guilty of an infraction
and shall be subject to penalties as set by state law.
(b) Violations of this Section 7-6 shall be deemed a public nuisance.
7-6.17 Sale of Flavored Tobacco Products Prohibited.
(a) It shall be a violation of this chapter for any tobacco retailer or any of the tobacco
retailer's agents or employees to sell, offer for sale, or to possess with intent to sell or offer
for sale, any flavored tobacco product.
(b) There shall be a rebuttable presumption that a tobacco retailer in possession of four
or more flavored tobacco products, including but not limited to individual flavored
tobacco products, packages of flavored tobacco products, or any combination thereof,
possesses such flavored tobacco products with intent to sell or offer for sale.
(c) There shall be a rebuttable presumption that a tobacco product is a flavored tobacco
product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer
or manufacturer has:
(1) made a public statement or claim that the tobacco product imparts a
Characterizing Flavor;
(2) used text and/or images on the Tobacco Product's Labeling or Packaging to
explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing
Flavor; or
(3) taken action directed to Consumers that would be reasonably expected to cause
Consumers to believe the Tobacco Product imparts a Characterizing Flavor.
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7-6.18 Sale of Electronic Smoking Devices and E-liquids Prohibited.
No tobacco retailer may sell, offer for sale, or exchange or offer to exchange for any form
of consideration, to a consumer any electronic smoking device or e -liquid where the
electronic smoking device or e-liquid:
(a) Is a new tobacco product as defined in Section 387j(a)(1) of Title 21 of the U.S. Code;
(b) Requires premarket review under Section 387j of Title 21 of the U.S. Code; and
(c) Does not have a premarket review order issued under Section 387j(c)(1)(A)(i) of Title
21 of the U.S. Code.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Town Council
finds that adoption of this ordinance is exempt from the California Environmental
Quality Act (“CEQA”) because its provisions will not result in a direct or reasonably
foreseeable indirect physical change in the environment (CEQA Guidelines Section
15060(c)(2)), and it can be seen with certainty that there is no possibility that the ordinance
will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
SECTION 5. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
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The foregoing Ordinance was introduced on February 4, 2020 and approved and adopted
by the Danville Town Council on February 18, 2020, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2020-01 of said Town and that said ordinance
was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
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ATTACHMENT B
7-6 TOBACCO ADVERTISING, PROMOTION AND LICENSING.
7-6.1 Definitions.
The following words and phrases, whenever used in this Section 7-6, shall be construed as
defined herein:
Advertising display sign means any sign, billboard, signboard, poster, placard, pennant, banner,
graphic display, mural, or similar device that is used to advertise or promote a product.
Mobile billboard means any sign, billboard, signboard, poster, placard or other advertising
display upon or affixed to a vehicle which display is used to advertise a product illegal to sell to
minors, when the supporting vehicle or trailer is parked within a public right-of-way or on
private property and visible to the public for a duration of time and in a manner which clearly
indicted that the sign is for advertising products illegal to sell to minors or which carry a specific
brand name, logo, or indicia of a product illegal to sell to minors. For the purpose of this section,
a mobile billboard shall not include any advertisements on the side of a van, truck, or other
vehicle which is primarily used for the transportation of goods or products.
Person means any individual, firm, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee, or other legal entity.
Promote or promotion means a display of any logo, brand name, character, graphic, artwork,
colors, scenes, or designs that are a recognized image of a particular product brand of tobacco
that calls the public’s attention to the product brand.
Publicly visible location means any outdoor location that is visible from any street, sidewalk,
or other public thoroughfare, or any location inside a commercial establishment that is in or
immediately adjacent to a window or doorway and is visible from any street, sidewalk, or other
public thoroughfare.
Tobacco product means any substance containing any tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco.
Tobacco retailer means any person who sells, offers for sale, or exchanges or offer to exchange
for any form of consideration, tobacco products. Tobacco retailing means the doing of any of
these things.
Town Manager means the Town Manager for the Town of Danville or his or her designee.
(Ord. 99-6, §3)
7-6.2 Restriction on Advertising of Tobacco Products.
No person shall place or maintain, or cause or allow to be placed or maintained, in any manner,
any advertising or promotion of any tobacco products on an advertising display sign in a publicly
visible location within one thousand six hundred (1,600) feet of the perimeter of an elementary
or secondary school, public park or public playground. (Ord. 99-6, §3)
7-6.3 Exceptions.
The restrictions contained in subsection 7-6.2 shall not apply to advertising or promotions for
tobacco products:
a. Located inside a commercial establishment, unless such advertising display sign or
promotion is attached to, affixed to, leaning against, or otherwise in contact with any window or
door in such a manner that it is visible from a street, sidewalk or other public thoroughfare;
b. On vehicles, other than mobile billboards;
c. On any sign located inside or immediately outside a commercial establishment if the sign
provides notice that the establishment sells tobacco products, so long as the sign does not
promote any brand of tobacco product;
d. On tobacco product packaging.
(Ord. 99-6, §3)
7-6.4 Distribution or Sale of Tobacco-Related Promotional Items to Minors.
No person may market, license, distribute, sell or cause to be marketed licensed, distributed or
sold any item or service to a minor, which bears the brand name, alone or in conjunction with,
any other word, logo, symbol, motto, selling message, recognizable color or pattern of colors, or
any other indicia or product identification identical with, or similar to, or identifiable with, those
used for any brand of tobacco product. (Ord. 99-6, §3)
7-6.5 Self-service Displays Prohibited.
It is unlawful for any person to sell, permit to be sold, offer for sale, or display for sale, any
tobacco product by means of self-service display, rack, counter top or shelf that allows self-
service sales for any tobacco product other than vendor-assisted sales. (Ord. 99-6, §3)
7-6.6 Vendor Assistance Required.
All tobacco products shall be offered for sale exclusively by means of vendor assistance, with
tobacco products kept in a locked case or in an area not accessible to the public, and requiring
employee assistance to retrieve the tobacco products. (Ord. 99-6, §3)
7-6.7 Tobacco Retailer License.
It is unlawful for any person to sell or offer for sale any tobacco product without first obtaining
and maintaining a valid tobacco retailer license for each location where such sales are conducted.
This license shall be renewed annually. (Ord. 99-6, §3)
7-6.8 License Application Procedure.
A person who is required to obtain a tobacco retailer license pursuant to this Section 7-6 shall
submit an application in the name of the person and shall be signed by the person with authority
to act on behalf of the applicant. All applications shall be submitted on a form supplied by the
Town and shall contain the following information:
a. The name, address and telephone number of the business owner and manager;
b. The business name, address and telephone number of each establishment where tobacco
products are to be sold;
c. Such other information as the Town Manager determines is necessary to accomplish the
purposes of this chapter.
(Ord. 99-6, §3)
7-6.9 Issuance and Display of License.
Upon receipt of a completed application for a tobacco retailer license, including payment of the
license fee, and the completion of an inspection of the premises, if deemed necessary by the
Town Manager, to determine compliance with this Section 7-6, the Town Manager shall issue a
license. Each licensee shall prominently display the license at the location where tobacco product
sales are conducted. (Ord. 99-6, §3)
7-6.10 License Fee.
The fee for a tobacco retailer license shall be set by the Town Council as part of the Town’s
master fee schedule. The amount of any such fee shall be limited to the Town’s costs for
processing the application, inspecting the tobacco retailer business premises to determine
compliance with the standards contained in this Section 7-6 and implementing the licensing
program. (Ord. 99-6, §3)
7-6.11 License Not Transferable.
A tobacco retailer license is not transferable. If there is a change in location, a new tobacco
retailer license shall be issued for the new address upon receipt of an application for a change of
location. The new license shall retain the same expiration date as the previous license. (Ord. 99-
6, §3)
7-6.12 Suspension of License.
a. A tobacco retailer license may be suspended by the Town Manager upon a finding, after
notice and hearing, that a violation of this Section 7-6, or any other applicable State or Federal
law governing the sale and distribution of tobacco, has occurred at the licensee’s business
premises.
b. The Town Manager may suspend the licensee’s license to sell tobacco products for up to
sixty (60) days following the first finding of a violation. In the event of a finding of a second
violation within twelve (12) months of the first violation, the Town Manager may suspend the
license for up to one hundred twenty (120) days. In the event of a finding of a third violation
within twelve (12) months of the first violation, the Town Manager may suspend the license for
up to one (1) year.
c. Any finding of violation and suspension of a license by the Town Manager may be
appealed to the Town Council. Such appeal must be filed in writing within ten (10) days of
receipt of the Town Manager’s decision and must be accompanied by the applicable appeal fee
established by the Town Council in the Town’s master fee schedule.
(Ord. 99-6, §3)
7-6.13 Administration and Implementation.
Except as otherwise provided, this Section 7-6 shall be administered by the Town Manager,
who may develop administrative guidelines and procedures to implement the provisions of this
section. (Ord. 99-6, §3)
7-6.14 Violations.
a. Any person violating any provision of this Section 7-9 shall be guilty of an infraction and
shall be subject to penalties as set by state law.
b. Violations of this Section 7-6 shall be deemed a public nuisance.
(Ord. 99-6, §3)
7-6.15 Intent as to Additional Legal Restrictions and Remedies.
Nothing in this Section 7-6 is intended to alter the obligations or restrictions which apply to
any person under any other law governing signs, tobacco advertising or any other matter covered
by this Section 7-6. The remedies set forth in this Section 7-6 are not exclusive. If any action
prohibited by this Section 7-6 is also unlawful under any other law, the penalties and remedies
under such other law may be pursued in addition to those provided in this section. (Ord. 99-6,
§3)
7-6.16 Disclaimer.
The restrictions contained in this Section 7-6 with respect to the advertising, promotion and
display of tobacco products are adopted by the Town of Danville to promote the general welfare
of the Town’s residents. The Town does not assume, nor is it imposing on its officers or
employees, an obligation for which it may be liable in money damages to any person who claims
that breach of those restrictions proximately caused injury. (Ord. 99-6, §3)
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091287912 SAVE MART SUPERMARKETS LUCKY #708 660 SAN RAMON VALLEY BLVD DANVILLE CA 94526-4022
091 30281 6 CLUBCORP CROW CANYON MANAGEMEN'I CROW CANYON COUNTRY CLUB TIl SILVER LAKE DR DANVILLE CA 94526-6241
091 306550 THE CIGAR STORE, INC.THE CIGAR STORE 60 CHARDONNAY CT DANVILLE CA 94506-6160
091 314664 DANVILLE CIGAR, FINE WINE AND GIFTS, L DANVILLE CIGAR FINE WINE & GIFTS 445 HARTZ AVE DANVILLE CA 94526-3803
091327076 REZA INC.DANVILLE SHELL 811 CAMINO RAMON DANVILLE CA 94526-42s3
091333223 I\¡D ROESBERY, INC.I\4D ROESBERY 4OO DIABLO RD DANVILLE CA 94526-3503
091 351 291 RADC ENTERPRISES, INC DANVILLE SHELL 7777 CROW CANYON RD DANVILLE CA 94506-1 168
091 360214 SANDHU LLC VILLAGE WINE & LIQURE 9OOO CROW CANYON RD STE F DANVILLE CA 94506-1 1 75
091 370701 EMERALD PETROLEUM, INC DANVILLE VALERO 736 SAN RAMON VALLEY BLVD DANVILLE CA 945264526
208967936 DANVILLE 76 DANVILLE 76 744 SAN RAMON VALLEY BLVD DANVILLE CA 94526-4023*Note: This report does not include licenses issued to individuals (sol
1798.69(a) prohibits
e proprieto rs, married co-owners, and domestic partners). CivilCode Section
the CDTFA from releasing the names and addresses of individuals, except to the extent necessary to verify resale certificates, administer the tax and
fee provisions of the
Revenue and Taxation code, or as provided in civil code section 179g.69(b).
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