HomeMy WebLinkAbout2017-10-02 Ordinance 5418170809 th TS/ORD Amending 4.64
Ordinance No. 5418
Ordinance of the Council of the City of Palo Alto Repealing Section 9.14.080
(Location of Tobacco Vending Machines) and Adding Chapter 4.64 to Title 4
(Business Licenses and Regulations) to Regulate the Sale of Tobacco Products
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Recitals. The Council of the City of Palo Alto finds and declares
as follows:
A. The California Legislature has recognized smoking as “the single most important
source of preventable disease and premature death in California.” (Health and Safety Code
section 118950(a)(1)).
B. In 2016, the State of California raised the minimum age to purchase or consume
tobacco products (including through electronic vaporizing devices) from 18 to 21.
C. Researchers at Stanford University School of Medicine have found that teens’
exposure to tobacco advertising at retail outlets substantially increases the odds they will start
smoking.
D. The County of Santa Clara reported that, in Palo Alto, the percentage of stores
found to be selling tobacco to minors rose from 5.5% in 2013 to 15.3% in 2014 (4 of 26 stores in
2014).
E. The State of California’s Cigarette and Tobacco Products Licensing Act of 2003
allows local licensing laws for tobacco sales. (Business and Professions Code section 22971.3).
F. The County of Santa Clara has adopted a tobacco retail permit program in order
to encourage responsible retailing of tobacco products and to deter the sale and distribution of
tobacco products to persons under 21. (County of Santa Clara Ordinance Code, Title A, Division
A18 (§ A18-367 et seq.)).
G. On December 5, 2016, the City Council approved an agreement with the County
of Santa Clara to administer a tobacco retail permit system in the City, pending the passage of a
retail permit ordinance.
H. The City desires to protect the public health, safety, and welfare by discouraging
the sale and distribution of tobacco products to persons under 21.
I. In order to protect the public health, safety, and welfare, the City Council desires
to amend Palo Alto Municipal Code, Title 4 to add a new chapter 4.64 to regulate the sale of
tobacco products.
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SECTION 2. Title 4 (Business Licenses and Regulations) is hereby amended to add new
Chapter 4.64 to read as follows:
Chapter 4.64 Permits for retailers of tobacco products.
4.64.010 Intent.
(a) This Chapter is adopted to:
(1) Ensure compliance with the business standards and practices of the City;
(2) Encourage responsible retailing of tobacco products;
(3) Discourage violations of laws related to tobacco products, especially those that prohibit
or discourage the sale or distribution of tobacco products to persons under 21; and
(4) Protect the public health and welfare.
(b) This Chapter does not expand or reduce the degree to which the acts regulated by federal
or state law are criminally proscribed or alter the penalties provided by such laws.
4.64.020 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
(a) “Arm's length transaction” means a sale in good faith and for valuable consideration that
reflects the fair market value in the open market between two or more informed and willing
parties, neither of which is under any compulsion to participate in the transaction. A sale
between relatives, related companies or partners, or a sale for which a significant purpose is
avoiding the effect of the violations of this Chapter is not an arm's length transaction.
(b) “Designee” means the agency selected or designated by the City to enforce and/or
administer the provisions of this Chapter.
(c) “Ownership” means possession of a ten percent or greater interest in the stock, assets, or
income of a business, other than a security interest for the repayment of debt.
(d) “School” means a public or private elementary, middle, junior high or high school.
(e) “Tobacco product” means:
(1) Any product subject to: 21 U.S.C. § 387 et seq. (“Subchapter IX”) of the Federal Food,
Drug, and Cosmetic Act (See 21 U.S.C. § 387a(b)) (“products subject to Subchapter IX”);
or 21 C.F.R. §§ 1100.1- 1100.3 (“tobacco products subject to Subchapter IX”). Products
subject to Subchapter IX include, but are not limited to, cigarettes, cigarette tobacco,
roll-your-own tobacco, smokeless tobacco, cigars, pipe tobacco, waterpipe tobacco, and
electronic nicotine delivery systems (such as, but not limited to, electronic cigarettes,
electronic cigars, electronic hookahs, vape pens, personal vaporizers, and electronic
pipes). Products subject to Subchapter IX also include components or parts of tobacco
products, such as, but not limited to, liquids that are for use in an electronic nicotine
delivery system and that contain tobacco or nicotine or are derived from tobacco or
nicotine (“e-liquids”), vials that contain e-liquids, and atomizers. Products that are not
subject to Subchapter IX include accessories of tobacco products, such as, but not
limited to, ashtrays, spittoons, and conventional matches and lighters that solely
provide an external heat source to initiate but not maintain combustion of a tobacco
product.
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(2) Any product for use in an electronic nicotine delivery system, whether or not it contains
tobacco or nicotine or is derived from tobacco or nicotine.
(f) “Retailer” means any person who sells, exchanges, or offers to sell or exchange, for any
form of consideration, tobacco products. “Retailing” shall mean the doing of any of these
things. This definition is without regard to the quantity of tobacco products sold,
exchanged, or offered for sale or exchange.
4.64.030 Requirements and prohibitions.
(a) Permit required. It shall be unlawful for any person to act as a retailer of tobacco products
in the City without first obtaining and maintaining a valid retailer permit pursuant to this
Chapter for each location at which that activity is to occur. Tobacco product retailing
without a valid tobacco retailer permit is a nuisance as a matter of law.
(b) Lawful business operation. It shall be a violation of this Chapter for any retailer to violate
any local, state, or federal law applicable to tobacco products or the retailing of such
products.
(c) Display of permit. Each current retailer permit shall be prominently displayed in a publicly
visible place at the permitted location.
(d) Notice of minimum age for purchase of tobacco products. Retailers shall post
conspicuously, at each point of purchase, a notice stating that selling tobacco products to
anyone under 21 years of age is illegal and subject to penalties. Such notice shall be subject
to the approval of the City or its Designee.
(e) Positive identification required. No retailer shall sell or transfer a tobacco product to
another person who appears to be under 30 years of age without first examining the
customer's identification to confirm that the customer is at least the minimum age required
under state law to purchase and possess the tobacco product.
(f) False and misleading advertising prohibited. A retailer either without a valid retailer permit
or with a suspended retailer permit:
(1) Shall keep all tobacco products out of public view.
(2) Shall not display any advertisement relating to tobacco products that promotes the sale
or distribution of such products from the retailer's location or that could lead a
reasonable consumer to believe that tobacco products can be obtained at that location.
(g) Limitation on storefront advertising. No more than 15 percent of the square footage of the
windows and clear doors of an establishment used for retailing shall bear advertising or
signs of any sort, and all advertising and signage shall be placed and maintained in a manner
that ensures that law enforcement personnel have a clear and unobstructed view of the
interior of the premises, including the area in which the cash registers are maintained, from
the exterior public sidewalk or entrance to the premises. However, this latter requirement
shall not apply to an establishment where there are no windows, or where existing windows
are located at a height that precludes a view of the interior of the premises by a person
standing outside the premises.
(h) Flavored tobacco products.
(1) Except as permitted in paragraph (3) of this subsection (h), no retailer shall sell a
tobacco product containing, as a constituent or additive, an artificial or natural flavor or
aroma (other than tobacco) or an herb or spice, including strawberry, grape, orange,
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clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or
coffee, that is a characterizing flavor or aroma of the tobacco product, smoke or vapor
produced by the tobacco product.
(2) A tobacco product shall be subject to a rebuttable presumption that the product is
prohibited by paragraph (1) of this subsection (h) if:
(A) The product's manufacturer or any other person associated with the manufacture or
sale of tobacco products makes or disseminates public statements or claims to the
effect that the product has or produces a characterizing flavor or aroma, other than
tobacco; or
(B) The product's label, labeling, or packaging includes a statement or claim—including
any text and/or images used to communicate information—that the product has or
produces a characterizing flavor or aroma other than tobacco.
(3) Paragraph (1) of this subsection (h) shall not apply to any retailer that meets all of the
following criteria:
(A) Primarily sells tobacco products;
(B) Generates more than 60 percent of its gross revenues annually from the sale of
tobacco products;
(C) Does not permit any person under 21 years of age to be present or enter the
premises at any time, unless accompanied by the person's parent or legal guardian,
as defined in Section 6903 of the Family Code;
(D) Does not sell alcoholic beverages or food for consumption on the premises; and
(E) Posts a sign outside the retail location that clearly, sufficiently, and conspicuously
informs the public that persons under 21 years of age are prohibited from entering
the premises.
(i) Vending machines prohibited. No tobacco product shall be sold, offered for sale, or
distributed to the public from a vending machine or appliance, or any other coin or token
operated mechanical device designed or used for vending purposes, including, but not
limited to, machines or devices that use remote control locking mechanisms.
(j) Prohibition on sale or distribution of tobacco products to persons under 21 years. No
retailer shall sell, offer for sale, or distribute any tobacco product to any individual who is
under 21 years of age.
4.64.040 Eligibility requirements for a permit.
(a) No retailer permit may be issued to authorize retailing at other than a fixed location. For
example, retailing by persons on foot or from vehicles is prohibited.
(b) No retailer permit may be issued to authorize retailing at a temporary or recurring
temporary event. For example, retailing at flea markets and farmers' markets is prohibited.
(c) No retailer permit may be issued to authorize retailing at any location where the profession
of pharmacy is practiced by a pharmacist licensed by the State of California in accordance
with the Business and Professions Code and where prescription drugs are offered for sale.
(d) No retailer permit may be issued to authorize retailing at any location within 1,000 feet of a
school, as measured by a straight line between any point along the property line of any
parcel on which a school is located and any point along the perimeter of the applicant's
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proposed business location; provided, however, that the prohibition contained in this
subsection (d) shall not apply to the following:
(1) Any retailer of tobacco products operating lawfully on the date immediately prior to this
Chapter becoming effective; and
(2) Any lawfully operating retailer of tobacco products that would otherwise become
ineligible to receive or renew a retailer permit due to the creation or relocation of a
school.
(e) No retailer permit may be issued to authorize retailing at a location which is within 500 feet
of a location occupied by another retailer, as measured by a straight line between any point
along the perimeter of an existing retailer’s business location and any point along the
perimeter of the applicant's proposed business location, provided, however, that the
prohibition contained in this subsection (e) shall not apply to existing retailers of tobacco
products operating lawfully on the date immediately prior to this Chapter becoming
effective.
(f) Any exemption granted to a retailer pursuant to this Chapter shall cease to apply upon the
earlier of the following to occur:
(1) The retailer fails to timely renew the retailer permit pursuant to this Chapter.
(2) A new person obtains ownership in the business.
4.64.050 Application procedure.
(a) It is the responsibility of each retailer to be informed of all laws applicable to retailing,
including those laws affecting the issuance of a retailer permit. No retailer may rely on the
issuance of a retailer permit as a determination by the City that the retailer has complied
with all laws applicable to retailing. A retailer permit issued contrary to this Chapter,
contrary to any other law, or on the basis of false or misleading information supplied by a
retailer shall be revoked pursuant to this Chapter.
(b) All retailer permit applications shall be submitted on a form supplied by the City or its
Designee to implement this Chapter.
(c) A permitted retailer shall inform the City or its Designee in writing of any change in the
information submitted on an application for a retailer permit within 14 calendar days of a
change.
(d) All information specified in an application pursuant to this Chapter shall be subject to
disclosure under the California Public Records Act (Government Code Section 6250 et seq.)
or any other applicable law, subject to any exemptions.
4.64.060 Issuance of permit.
(a) Upon the receipt of a complete application for a retailer permit, the application fee, and the
annual permit fee, the City or its Designee shall issue a retailer permit unless substantial
evidence demonstrates that one or more of the following bases for denial exists:
(1) The information presented in the application is inaccurate or false.
(2) The application seeks authorization for retailing at a location for which this Chapter
prohibits issuance of a retailer permit.
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(3) The application seeks authorization for retailing by a person to whom this Chapter
prohibits issuance of a retailer permit.
(4) The application seeks authorization for retailing that is prohibited pursuant to this
Chapter (e.g., mobile vending) or that is unlawful pursuant to any other law.
(b) A retailer permit shall be revoked if the City or its Designee finds that one or more of the
bases for denial of a retailer permit under this Chapter existed at the time application was
made or at any time before the retailer permit issued. Such a revocation shall be without
prejudice to the filing of a new permit application.
(c) A decision to deny issuance of a retailer permit or to revoke a retailer permit that has been
wrongly issued may be appealed pursuant to this Chapter.
4.64.070 Permit term, renewal, and expiration.
(a) Term of permit. The term of a retailer permit is one year. A retailer permit is invalid upon
expiration.
(b) Renewal of permit. The City or its Designee shall renew a valid retailer permit upon timely
payment of the annual permit fee. The City or its Designee may, in its discretion, agree to
renew any expired retailer permit within the three-month period following expiration if the
retailer pays the annual permit fee and applicable late charges. For every calendar month,
or fraction thereof, that a retailer fails to renew an expired retailer permit, a late charge
equal to 20 percent of the annual permit fee shall be assessed. A retailer permit renewed
within three calendar months of expiration shall be treated as if timely renewed.
(c) Issuance of permit after revocation or expiration of permit. To apply for a new retailer
permit more than three calendar months after expiration of a retailer permit or following
revocation of a retailer permit that was wrongly issued, a retailer must submit a complete
application for a retailer permit, along with the application fee and annual permit fee. The
City or its Designee shall issue a retailer permit pursuant to the requirements of this
Chapter.
4.64.080 Permits nontransferable.
(a) A retailer permit may not be transferred from one person to another or from one location
to another. Whenever a new person obtains ownership in a business for which a retailer
permit has been issued, a new retailer permit shall be required, but any exemption granted
pursuant to Section 4.64.040(d) or (e) shall cease to apply.
(b) Notwithstanding any other provision of this Chapter, prior violations of this Chapter at a
location shall continue to be counted against a location and permit ineligibility and
suspension periods shall continue to apply to a location unless:
(1) One hundred percent of the interest in the stock, assets, or income of the business,
other than a security interest for the repayment of debt, has been transferred to one or
more new owners; and
(2) The City or its Designee is provided with clear and convincing evidence, including an
affidavit, that the business has been acquired in an arm's length transaction.
4.64.090 Permit conveys a limited, conditional privilege.
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Nothing in this Chapter shall be construed to grant any person obtaining and maintaining a
retailer permit any status or right other than the limited, conditional privilege to act as a
retailer at the location in the City identified on the face of the permit.
4.64.100 Fees.
The City or its Designee shall not issue or renew a retailer permit prior to full payment of any
applicable fees. The City shall, from time to time, establish by resolution the fees to issue or to
renew a retailer permit. The fees shall be calculated so as to recover the cost of administration
and enforcement of this Chapter, including, for example, issuing a permit, administering the
permit program, conducting retailer education, performing retailer inspection and compliance
checks, documenting violations, and prosecuting violators, but shall not exceed the cost of the
regulatory program authorized by this Chapter. All fees and interest earned from such fees shall
be used exclusively to fund administration and enforcement of this Chapter.
4.64.110 Compliance monitoring.
(a) Compliance with this Chapter shall be monitored by the City or its Designee. In addition, any
peace officer may enforce the penal provisions of this Chapter. The City Manager may
designate any number of additional persons to monitor and facilitate compliance with this
Chapter.
(b) The City or its Designee shall check each retailer at least once per 12-month period to
determine if the retailer is complying with all laws applicable to retailing, other than those
laws regulating underage access to tobacco products. Nothing in this paragraph shall create
a right of action in any retailer or other person against the City or its agents.
4.64.120 Prevention of underage sales.
(a) The City or its Designee shall check each retailer to determine whether the retailer is
conducting business in a manner that complies with laws regulating youth access to tobacco
products. Nothing in this paragraph shall create a right of action in any retailer or other
person against the City or its agents.
(b) The City or its Designee shall not enforce any law establishing a minimum age for tobacco
product purchases against a person who otherwise might be in violation of such law
because of the person's age ("Youth Decoy") if the potential violation occurs when:
(1) The Youth Decoy is participating in a compliance check supervised by a peace officer or
a code enforcement official of the City or its Designee;
(2) The Youth Decoy is acting as an agent of a person designated by the City or its Designee
to monitor compliance with this Chapter; or
(3) The Youth Decoy is participating in a compliance check funded in part, either directly or
indirectly through subcontracting, by the City, or the California Department of Public
Health.
4.64.130 Penalties for a violation by a retailer with a permit.
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(a) In addition to any other penalty authorized by law, an administrative fine shall be imposed
and a retailer permit shall be suspended if any court of competent jurisdiction determines,
or the City or its Designee finds based on a preponderance of the evidence, after the
retailer is afforded notice and an opportunity to be heard, that the retailer, or any of the
retailer's agents or employees, has violated any of the requirements, conditions, or
prohibitions of this Chapter, has pled guilty, "no contest" or its equivalent to such a
violation, or has admitted to such a violation.
(b) Amount of fine. Each such violation shall be subject to an administrative fine as follows:
(1) A fine not to exceed $100.00 for a first violation within a 12-month period;
(2) A fine not to exceed $200.00 for a second violation within a 12-month period; and
(3) A fine not to exceed $500.00 for each additional violation within a 12-month period.
(c) Time period for permit suspension.
(1) For a first violation of this Chapter at a location within any 24-month period, the retailer
permit shall be suspended for up to 30 calendar days.
(2) For a second violation of this Chapter at a location within any 24-month period, the
retailer permit shall be suspended for up to 90 calendar days.
(3) For each additional violation of this Chapter at a location within any 24-month period,
the retailer permit shall be suspended for up to one year.
(d) Waiver of penalties for first violation. The City or its Designee may waive any penalties for a
retailer's first violation of any requirement, condition or prohibition of this Chapter, other
than a violation of a law regulating youth access to tobacco products, if the retailer admits
the violation in writing and agrees to forego a hearing on the allegations. Regardless of the
City's or its Designee’s waiver of penalties for a first violation, the violation will be
considered in determining the penalties for any future violation.
(e) Corrections period. The City or its Designee shall have discretion to allow a retailer a period
of time to correct any violation of any requirement, condition or prohibition of this Chapter,
other than a violation of a law regulating youth access to tobacco products. If a retailer's
violation is corrected within the time allowed for correction, no penalty shall be imposed
under this Chapter.
(f) Appeals. Any penalties imposed under this Chapter may be appealed pursuant to Section
4.64.150 of this Chapter.
4.64.140 Penalties for retailing without a permit.
(a) Administrative fine. In addition to any other penalty authorized by law, an administrative
fine and an ineligibility period for application or issuance of a retailer permit shall be
imposed if a court of competent jurisdiction determines, or the City or its Designee finds
based on a preponderance of evidence, after notice and an opportunity to be heard, that
any person has engaged in retailing at a location without a valid retailer permit, either
directly or through the person's agents or employees, has pled guilty, “no contest” or its
equivalent to such a violation, or has admitted to such a violation.
(b) Amount of fine. Each such violation shall be subject to an administrative fine as follows:
(1) A fine not to exceed $100.00 for a first violation within a 12-month period;
(2) A fine not to exceed $200.00 for a second violation within a 12-month period; and
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(3) A fine not to exceed $500.00 for each additional violation within a 12-month period.
(c) Time period for permit ineligibility.
(1) For a first violation of this Chapter at a location within any 24-month period, no new
retailer permit may be issued for the person or the location (unless ownership of the
business at the location has been transferred in an arm's length transaction) until 30
calendar days have passed from the date of the violation.
(2) For a second violation of this Chapter at a location within any 24-month period, no new
retailer permit may be issued for the person or the location (unless ownership of the
business at the location has been transferred in an arm's length transaction) until 90
calendar days have passed from the date of the violation.
(3) For each additional violation of this Chapter at a location within any 24-month period,
no new retailer permit may be issued for the person or the location (unless ownership
of the business at the location has been transferred in an arm's length transaction) until
one year has passed from the date of the violation.
(d) Waiver of penalties for first violation. The City or its Designee may waive any penalties for a
retailer's first violation of this Chapter, unless the violation also involves a violation of a law
regulating youth access to tobacco products, if the retailer admits the violation in writing
and agrees to forego a hearing on the allegations. Regardless of the City’s or its Designee's
waiver of penalties for a first violation, the violation will be considered in determining the
penalties for any future violation.
(e) Appeals. Any penalties imposed under this Chapter may be appealed pursuant to this
Section.
4.64.150 Appeals.
(a) A decision to deny issuance of a retailer permit, to revoke a retailer permit that has been
wrongly issued, or to impose penalties for a violation of this Chapter can be appealed to a
hearing officer, subject to the following requirements and procedures. The hearing officer
shall be the City Manager or its Designee.
(b) All appeals must be in writing, state the grounds asserted for relief and the relief sought,
and be filed with the City or its Designee within ten calendar days of receipt of notice of the
appealed action. If such an appeal is made, it shall stay enforcement of the appealed action.
(c) No later than 15 calendar days after receipt of the appeal, the hearing officer shall set an
appeal hearing at the earliest practicable time and shall give notice of the hearing to the
parties at least ten calendar days before the date of the hearing.
(d) Neither the provisions of the Administration Procedure Act (Government Code Section
11500 et seq.) nor the formal rules of evidence in civil or criminal judicial proceedings shall
apply to such hearing. At the hearing, the hearing officer may admit any evidence, including
witnesses, relevant to the determination of the matter, except as otherwise provided in
Section 4.64.160(c) of this Chapter. A record of the hearing shall be made by any means,
including electronic recording, so long as a reasonably accurate and complete written
transcription of the proceedings can be made.
(e) The hearing officer may continue the hearing from time to time, in his or her sole discretion,
to allow for orderly completion of the hearing.
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(f) After the conclusion of the hearing, the hearing officer shall issue a written decision, which
shall be supported by substantial evidence. Notice of the written decision, including findings
of facts, conclusions of law, and notification of the time period in which judicial review may
be sought pursuant to Code of Civil Procedure Section 1094.6, shall be served upon all
parties no later than 20 calendar days following the date on which the hearing closed. Any
decision rendered by the hearing officer shall be a final administrative decision.
4.64.160 Enforcement.
(a) Any violation of this Chapter is hereby declared to be a public nuisance.
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
Chapter shall also constitute a violation of this Chapter.
(c) Whenever evidence of a violation of this Chapter is obtained in any part through the
participation of a person under the age of 18 years old, such a person shall not be required
over his or her objection to appear or give testimony in any civil or administrative process
brought to enforce this Chapter and the alleged violation shall be adjudicated based upon
the sufficiency and persuasiveness of the evidence presented.
(d) Violations of this Chapter may be remedied by a civil action brought by the City, including,
but not limited to, administrative or judicial nuisance abatement proceedings, civil code
enforcement proceedings, and suits for injunctive relief. For the purposes of the civil
remedies provided in this Chapter, each day on which a tobacco product is offered for sale
in violation of this Chapter, and each individual retail tobacco product that is distributed,
sold, or offered for sale in violation of this Chapter, shall constitute a separate violation of
this Chapter.
(e) Any person found guilty of violating any provision of this Chapter shall be deemed guilty of
an infraction, punishable as provided by California Government Code § 25132.
(f) The remedies provided by this Chapter are cumulative and in addition to any other
remedies available at law or in equity.
SECTION 4. Section 9.14.080 (Location of tobacco vending machines) of Chapter 9.14
(Smoking and Tobacco Regulations) is hereby repealed effective January 1, 2019.
SECTION 5. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this ordinance are
hereby declared to be severable.
SECTION 6. CEQA. The City Council finds and determines that this Ordinance is not a
“project” within the meaning of section 15378 of the California Environmental Quality Act
(CEQA) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately. In the event that this Ordinance is found to be a
project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on
the environment.
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SECTION 7. Effective Date. This ordinance shall be effective on the thirty-first date after
the date of its adoption except for the following sections:
(a) Sections 4.64.030(a) through (e) inclusive, section 4.64.110, section 4.64.120,
section 4.64.130, section 4.64.140, section 4.64.150, and section 4.64.160 shall
be effective July 1, 2018.
(b) Sections 4.64.030(f) through (i) inclusive shall be effective January 1, 2019.
(c) The repeal of Section 9.14.080 shall be effective as noted in Section 4 of this
ordinance.
INTRODUCED: September 18, 2017
PASSED: October 2, 2017
AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, KOU, TANAKA
NOES: WOLBACH
ABSTENTIONS:
ABSENT: SCHARFF
ATTEST: APPROVED:
______________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: ____________________________
City Manager
______________________________
Deputy City Attorney
DocuSign Envelope ID: 62555212-7508-482E-950B-5619BBEF3A07
Certificate Of Completion
Envelope Id: 625552127508482E950B5619BBEF3A07 Status: Completed
Subject: Please DocuSign: ORD 5418 - Regulate Sale of Tobacco Products
Source Envelope:
Document Pages: 11 Signatures: 4 Envelope Originator:
Certificate Pages: 5 Initials: 0 Irma Mora
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250 Hamilton Ave
Palo Alto , CA 94301
Irma.Mora@CityofPaloAlto.org
IP Address: 10.102.101.11
Record Tracking
Status: Original
10/3/2017 4:58:19 PM
Holder: Irma Mora
Irma.Mora@CityofPaloAlto.org
Location: DocuSign
Signer Events Signature Timestamp
Tim Shimizu
Tim.Shimizu@cityofpaloalto.org
Deputy City Attorney
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(None)Using IP Address: 12.220.157.20
Sent: 10/4/2017 11:01:11 AM
Viewed: 10/4/2017 11:01:40 AM
Signed: 10/11/2017 8:43:00 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
James Keene
James.Keene@cityofpaloalto.org
City Manager
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Using IP Address: 50.206.118.3
Signed using mobile
Sent: 10/4/2017 11:01:11 AM
Resent: 10/11/2017 8:43:01 AM
Viewed: 10/12/2017 10:44:53 AM
Signed: 10/12/2017 10:45:21 AM
Electronic Record and Signature Disclosure:
Accepted: 4/14/2015 5:40:07 PM
ID: 44fe333a-6a81-4cb7-b7d4-925473ac82e3
H. Gregory Scharff
Greg.Scharff@cityofpaloalto.org
Mayor
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Using IP Address: 174.214.11.133
Signed using mobile
Sent: 10/4/2017 11:01:12 AM
Resent: 10/12/2017 10:45:22 AM
Viewed: 10/12/2017 10:46:35 AM
Signed: 10/12/2017 10:47:01 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Beth Minor
Beth.Minor@cityofpaloalto.org
City Clerk
City of Palo Alto
Security Level: Email, Account Authentication
(None)
Using IP Address: 12.220.157.20
Sent: 10/4/2017 11:01:12 AM
Resent: 10/12/2017 10:47:02 AM
Viewed: 10/4/2017 11:14:27 AM
Signed: 10/12/2017 11:32:43 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/12/2017 10:47:02 AM
Certified Delivered Security Checked 10/12/2017 10:46:35 AM
Signing Complete Security Checked 10/12/2017 11:32:43 AM
Completed Security Checked 10/12/2017 11:32:43 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
CONSUMER DISCLOSURE
From time to time, City of Palo Alto (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 10/1/2013 8:33:53 AM
Parties agreed to: James Keene
How to contact City of Palo Alto:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: david.ramberg@cityofpaloalto.org
To advise City of Palo Alto of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at
david.ramberg@cityofpaloalto.org and in the body of such request you must state: your previous
e-mail address, your new e-mail address. We do not require any other information from you to
change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Palo Alto
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to david.ramberg@cityofpaloalto.org and
in the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Palo Alto
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to david.ramberg@cityofpaloalto.org and in the body of such request
you must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Palo Alto as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Palo Alto during the course of my relationship with you.