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Home My WebLink About2020-09-22 - ORDINANCES - URGENCY ORD EXTENDING A MORATORIUM ON THE ESTABLIS (2)' ORDINANCE NO. 20-8 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, EXTENDING A MORATORIUM ON THE ESTABLISHMENT OF NEW TOBACCO RETAILERS WHO SELL FLAVORED TOBACCO PRODUCTS FOR AN ADDITIONAL 12 MONTHS OR UNTIL SB 793 TAKES EFFECT, WHICHEVER IS SOONER THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. A. On August 28, 2020, Governor Newsom signed SB 793, which prohibits the sale of flavored tobacco products. SB 793 goes into effect on January 1, 2021. B. On October 8, 2019, the City Council adopted an urgency ordinance that imposed a moratorium on the establishment of new tobacco retailers that sell flavored tobacco. That ordinance was extended through October 7, 2020. Per the terms of Government Code Section 65858, that ordinance can be extended for an additional 12 months, after the conduct of a public hearing. C. As an urgency ordinance, this ordinance will require adoption by a 4/5 vote of the City Council and will extend the current moratorium by an additional 12 months, or until SB 793 goes into effect, whichever is sooner. SB 793 is expected to go into effect on January 1, 2021, unless legally challenged and enjoined. D. As required by Government Code section 65858, a report as to Staff s activities in furtherance of this ordinance was made available at the City Clerk's office beginning September 11, 2020. E. Adoption of this ordinance extending the moratorium is necessary to address the issues raised in connection with the original adoption of the moratorium and to ensure that those protections remain in effect until superseded by State law. F. Notice of a public hearing to consider this ordinance was published as required by law, and such public hearing was conducted by the City Council. SECTION 2. Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable ' indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the Page 1 of 4 environment. The proposed ordinance maintains the status quo and prevents changes in the ' environment pending the completion of the contemplated municipal code review. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. SECTION 3. Extension of the Moratorium. In accordance with Government Code section 65858(a), and pursuant to the findings stated herein, the City Council hereby: (1) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this interim Urgency Ordinance; (2) finds that this ordinance is necessary for the immediate preservation of the public peace, health, and safety as set forth herein; and (3) declares and imposes a temporary moratorium for the immediate preservation of the public health, safety, and welfare as set forth below: A. For a period of 12 months from the expiration of the moratorium imposed by Ordinance No. 19-7, (extending to and through October 7, 2021) no retail sale of flavored tobacco products may be commenced within the City limits by any tobacco retailer not currently selling same on October 8, 2019, and City staff is directed not to issue any permits or entitlements that would facilitate commencement of such uses. Should SB 793 go into effect prior to October 7, 2021, this moratorium shall expire on such effective date. B. For purposes of this ordinance, in addition to the relevant definitions in Santa Clarita Municipal Code Chapter 9.50 (Tobacco Control), the following definitions apply: "Tobacco retailer" means any person who sells, offers for sale or distribution, exchanges, , or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, distributed, exchanged, or offered for exchange. "Flavored tobacco product" means any tobacco product which imparts a characterizing flavor. "Tobacco product" means the following: 1. Any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, 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 (including, but not limited to small cigars and cigarillos), chewing tobacco, pipe tobacco, and snuff; or 2. Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or vaping device. 3. Notwithstanding any provision of subsections (1) and (2) to the contrary, , "tobacco product" includes any component, part, or accessory intended or Page 2 of 4 ' reasonably expected to be used with a tobacco product, whether or not sold separately. 4. "Tobacco product' does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. "Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, characterizing flavors in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices, and any other item designed or used for the smoking or ingestion of tobacco products. C. A violation of this ordinance is a public nuisance per se, enforceable through any civil, criminal, or equitable remedy, including, but not limited to, civil actions, injunctions, ' administrative citations, or criminal penalties. SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Effective Date and Duration. This ordinance is an urgency ordinance enacted under Government Code section 65858(a). This urgency ordinance will take effect upon adoption by a four -fifths (4/5) vote of the City Council and extends the moratorium originally imposed on October 8, 2019, by Ordinance No. 19-7 to and through October 7, 2021, or until SB 793 takes effect, whichever is sooner. SECTION 6. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law. Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 22"d day of September, 2020. ' MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 20-8 was introduced and adopted as an urgency measure pursuant to I the terms of California Government Code Section 65858 and 36937(b) at a regular meeting of the City Council on the 2211 day of September 2020, by the following vote, to wit: AYES: COUNCILMEMBERS: Kellar, Weste, Miranda, McLean, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 20-8 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). 1 � i �►. _tip c. � Page 4 of 4