MEETING DATE:
JUNE 22, 2021
SUBJECT:
Title
ORDINANCE NO. 2021 -1498 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, CALIFORNIA, AMENDING SECTION 5.55.100 (SUSPENSION OR REVOCATION OF LICENSE) OF CHAPTER 5.55 (TOBACCO RETAIL LICENSE) OF THE SAN MARCOS MUNICIPAL CODE TO MODIFY PROVISIONS RELATING TO SUSPENSION OR REVOCATION OF TOBACCO RETAIL LICENSES
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Recommendation
Recommendation
INTRODUCE an Ordinance amending section 5.55.100 of Chapter 5.55 of the San Marcos Municipal Code to modify provisions relating to suspension or revocation of tobacco retail licenses.
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Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Quality of Life
Relevant Department Goal
Not applicable
Introduction
In 2016, the City Council acted to modify the San Marcos Municipal Code (SMMC) to require retailers of tobacco retailers in the City of San Marcos (City) to obtain a Tobacco Retail License for each location at which tobacco retailing is to occur, and to maintain the license for so long as they sell tobacco products. The Tobacco Retail License has provided an additional compliance and enforcement mechanism for tobacco and drug laws such as the SMMC Chapter 1.10, which regulates youth access to smoking materials.
Enforcement of tobacco regulations is most often achieved by way of a compliance check whereby minors are sent into retail locations to see if clerks will sell to them, as retailers risk losing their ability to sell tobacco products if there are repeat violations. Losing that ability even for a short period of time can have a significant impact on their retail sales. According to the Convenience Store News 2020 industry report, tobacco still accounts for 35% of convenience store sales.
In recent years, the City has seen most tobacco retailers comply with the prohibition against sales to minors. For certain retailers, compliance efforts have gone beyond a first license violation. It is believed that removing th...
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