8.06.070 Limits on eligibility for a tobacco retailer license.
A. Mobile Vending. No license may issue to authorize tobacco retailing at other than a fixed location. No tobacco retail license will be issued to a moveable place of business.
B. Licensed Cannabis Business. No license may issue, and no existing license may be renewed, to authorize tobacco retailing at a location licensed for commercial cannabis activity by the State of California under Business and Professions Code Division 10.
C. Pharmacies. No license may issue, and no existing license may be renewed, to authorize tobacco retailing in a pharmacy.
D. Proximity to Youth-Oriented Area. No new license may issue to authorize tobacco retailing within 1,000 feet of a youth-oriented area as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented area is located to the nearest point of the property line of the parcel on which the applicant’s business is located.
E. Significant Tobacco Retailer. No license may be issued to authorize tobacco retailing by a significant tobacco retailer. Exceptions:
1. Any existing significant tobacco retailer shall be considered a nonconforming use upon adoption of the ordinance codified in this chapter, and shall be allowed to continue operations in accordance with Chapter 17.160 SMC, Nonconforming Uses.
F. Population and Density. The issuing of tobacco retailer licenses is limited as follows:
1. The total number of tobacco retailer licenses within the City shall be limited to one per 2,000 inhabitants in the City of Sebastopol.
2. For the purposes of this subsection, the total population of the City shall be determined by the most current published total available from the U.S. Census Bureau or the California State Department of Finance, whichever has been more recently updated, as of the date the license application is filed.
3. No new license may be issued to authorize tobacco retailing if the number of tobacco retailer licenses already issued equals or exceeds the total number authorized pursuant to subsection (F)(1) of this section.
4. A tobacco retailer operating lawfully on the date the ordinance codified in this chapter is adopted that is ineligible to receive or renew a tobacco retailer’s license for a location pursuant to subsection D of this section, and any tobacco retailer operating lawfully that becomes ineligible to receive or renew a tobacco retailer’s license due to the creation of a new youth-oriented area, may apply for and receive a license for the location pursuant to the standard licensing application procedure.
5. Notwithstanding subsection D of this section, a tobacco retailer operating lawfully on the date the ordinance codified in this chapter is adopted that would otherwise be eligible for a tobacco retailer license for the location for which a license is sought may receive or renew a license for that location so long as all of the following conditions are met:
a. The license is timely obtained and is renewed without lapse or permanent revocation (as opposed to temporary suspension);
b. The tobacco retailer is not closed for business or otherwise suspends tobacco retailing for more than 60 consecutive days;
c. The tobacco retailer does not substantially change the business premises or business operation. A substantial change to the business operation includes, but is not limited to, the transferring of a location:
d. To a new proprietor(s) in an arm’s length transaction; or
e. For which a significant purpose is avoiding the effect of violations of this chapter; and
f. The tobacco retailer retains the right to operate under all other applicable laws.
If the City of Sebastopol determines that a tobacco retailer has substantially changed their business premises or operation and the tobacco retailer disputes this determination, the tobacco retailer bears the burden of proving by a preponderance of evidence that such change(s) do not constitute a substantial change. (Ord. 1131, 2020)