Chapter 4.07
TOBACCO RETAILER LICENSE
Sections:
4.07.010 Legislative findings.
4.07.040 Requirement for tobacco retailer license.
4.07.050 Application procedure.
4.07.060 Issuance and renewal of license.
4.07.090 License nontransferable.
4.07.120 Suspension or revocation of license.
4.07.130 Denial, suspension and revocation – Appeals.
4.07.140 Hearings – Generally.
4.07.160 Form and contents of decision – Finality of decision.
4.07.190 Effective date and publication.
4.07.010 Legislative findings.
The city council of the city of Rancho Cordova finds and determines that:
A. The United States Surgeon General has declared nicotine, a key ingredient of cigarettes and tobacco products, as addictive as cocaine or heroin; yet no other addictive product or drug is as accessible to minors or as heavily advertised and promoted to minors as tobacco products. Once addicted, minors necessarily have great difficulty in complying with laws regulating access by minors to tobacco.
B. Since 1971, federal law has banned the advertising of tobacco products on radio and television, in part because of substantial evidence showing that the most persuasive advertising was being conducted on radio and television, and these broadcasts were particularly effective in reaching a large audience of young people.
C. Studies show an association between tobacco use and use of alcohol and illicit drugs. The National Institute on Drug Abuse found that teenagers who smoke are 14 times more likely to abuse alcohol, 100 times more likely to smoke marijuana and 32 times more likely to use cocaine than their nonsmoking peers.
D. Eighty-eight percent of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette is 14.5.
E. Although the tobacco industry insists the sole purpose of advertising is to convince current smokers to switch brands, it spends over $5,000,000,000 a year in advertising and promotion costs to aggressively recruit new smokers. To replace smokers who quit or die prematurely (some 3,000 smokers a day) the tobacco industry must attract approximately 2,000,000 new smokers each year. Most new smokers are children and adolescents. The tobacco industry sells $1,260,000,000 in tobacco products (over 947,000,000 packs of cigarettes and 26,000,000 containers of smokeless tobacco) each year to children under 18. Thus, the tobacco industry earns $1,500,000,000 annually from the illegal sale of tobacco to children.
F. Based upon the foregoing facts and findings, the city has a substantial interest in promoting compliance with state laws prohibiting sales of cigarettes and tobacco products to minors, in promoting compliance with federal, state and local laws intended to discourage the purchase of tobacco products by minors, and in protecting children from being lured into illegal activity through the misconduct or illegal acts of adults.
G. State law prohibits the sale or furnishing of cigarettes, tobacco products and smoking paraphernalia to persons under 21 years of age except active duty military personnel who are 18 years of age or older (Section 308 of the Penal Code).
H. State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 21 years of age (Section 22956 of the California Business and Professions Code) and provides procedures for using persons under 21 years of age to conduct on-site compliance checks of tobacco retailers (Section 22952 of the California Business and Professions Code).
I. State law requires that tobacco retailers post a conspicuous notice at each point of sale stating that selling tobacco products to anyone under 21 years of age is illegal (Section 22952 of the California Business and Professions Code and Section 308 of the California Penal Code).
J. State law prohibits the sale or display of cigarettes through a self-service display and prohibits public access to cigarettes without the assistance of a clerk (Section 22962 of the California Business and Professions Code).
K. State law prohibits the sale of “bidis” (a type of hand-rolled filterless cigarette) except at those businesses that prohibit the presence of minors (Section 308.1 of the California Penal Code).
L. State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of “roll-your-own” tobacco in packages containing less than six-tenths of an ounce of tobacco (Section 308.3 of the California Penal Code).
M. State law prohibits public school students from smoking or using tobacco products while on campus, while attending school-sponsored activities, or while under the supervision or control of school district employees (Section 48901(a) of the California Education Code).
N. RCMC 4.61.040 prohibits the sale or distribution of tobacco products from vending machines.
O. From 2013 to 2015, an estimated 15 percent of ninth and eleventh grade students in California reported using electronic smoking devices.
P. Over nine percent of high school students in California reported buying their own electronic cigarette from a store.
Q. In 2016, an estimated 82 percent of tobacco retailers in California sold flavored noncigarette tobacco products, over 90 percent of tobacco retailers sold menthol cigarettes, and 80 percent of tobacco retailers near schools sold flavored noncigarette tobacco products.
R. Mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco and these products help establish tobacco habits that can lead to long-term addiction.
S. Flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation.
T. Neither federal nor California state laws restrict the sale of menthol cigarettes or flavored noncigarette tobacco products, electronic smoking devices, or the solutions used in these devices.
U. Despite these restrictions, minors continue to be exposed to and influenced by tobacco advertising, and to purchase or steal or otherwise obtain cigarettes and other tobacco products at alarming rates. Studies show that nearly one-quarter of all teenagers in this country are smokers.
V. California courts, in Cohen vs. Board of Supervisors, 40 Cal. 3d 277 (1985), and Bravo Vending vs. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993), have affirmed the power of local jurisdictions to regulate business activity in order to discourage violations of law.
W. State law authorizes local tobacco retailer licensing laws to provide for the suspension or revocation of the local tobacco retailer license for any violation of a state tobacco control law (Section 22971.3 of the Business and Professions Code).
X. A requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products to adults. It will, however, allow the city to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco laws. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.020 Purpose.
The purpose of this chapter is to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided for violations. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.030 Definitions.
As used in this chapter, the following words and phrases shall have the meanings given them in this section, unless the context clearly requires otherwise:
“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, alcohol beverage, herb, or spice.
“City” means the city of Rancho Cordova.
“City manager” means the city manager of the city of Rancho Cordova or his or her designee.
“E-cigarette” or “electronic cigarette” or “electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, vape pen, or e-hookah. “E-cigarette,” “electronic cigarette,” or “electronic smoking device” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. “E-cigarette,” “electronic cigarette,” or “electronic smoking device” 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.
“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor.
“Itinerant tobacco retailing” means engaging in tobacco retailing at other than a fixed location.
“License” means a tobacco retailer license issued by the city pursuant to this chapter.
“Licensee” means any proprietor holding a license issued by the city pursuant to this chapter.
“Person” means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.
“Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business.
“Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product intended for inhalation, including marijuana, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
“Tobacco paraphernalia” means any item designed or marketed for the smoking consumption, use, or preparation of a tobacco product.
“Tobacco product” means:
1. Any product containing, made of, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
3. Any component, part, or accessory of subsection (1) or (2) of this definition, whether or not any of these contain tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange.
“Tobacco retailing” means selling, offering for sale, exchanging, or offering to exchange for any form of consideration tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. [Ord. 10-2022 § 3 (Exh. A); Ord. 13-2014 §§ 4 – 6; Ord. 3-2005 § 2].
4.07.040 Requirement for tobacco retailer license.
A. It shall be unlawful for any person to act as a tobacco retailer without first obtaining a license for each location at which tobacco retailing is to occur. No license will be issued to authorize tobacco retailing at other than a fixed location. No license will be issued for itinerant tobacco retailing or tobacco retailing from vehicles.
B. Nothing in this chapter shall be construed to grant any person obtaining a license any status or right other than the right to act as a tobacco retailer at the location in the city identified on the face of the license, subject to compliance with all other applicable laws, regulations, and ordinances. Nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including, without limitation, any condition or limitation on indoor smoking made applicable to business establishments by Section 6404.5 of the Labor Code. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.050 Application procedure.
All applications for a license shall be submitted to the city manager in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. A proprietor proposing to conduct tobacco retailing at more than one location shall submit a separate application for each location. Every application shall be submitted on a form supplied by the city manager and shall contain the following information:
A. The name, address, and telephone number of each proprietor; and
B. The business name, address, and telephone number of the fixed location for which a license is sought; and
C. Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation; and
D. Such other information as the city manager deems necessary for the administration or enforcement of this chapter. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.060 Issuance and renewal of license.
A. Upon the receipt of an application for a license and the applicable license fee, the city manager shall issue a license unless:
1. The application is incomplete or inaccurate;
2. The application seeks authorization for tobacco retailing at an address that appears on a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings for violation of any of the provisions of this chapter; provided, however, this subsection shall not constitute a basis for denial of a license if either or both of the following apply:
a. The applicant provides the city with documentation demonstrating that the applicant has acquired or is acquiring the premises or business in an arm’s length transaction. For the purposes of this subsection, an “arm’s length transaction” is defined as a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an “arm’s length transaction”;
b. It has been more than five years since the most recent license for that location was revoked;
3. The application seeks authorization for tobacco retailing that is unlawful pursuant to this code, or that is unlawful pursuant to any other local, state, or federal law;
4. The city manager has information that the applicant or his or her agents or employees has violated any local, state or federal tobacco control law at the location for which the license or renewal of the license is sought within the preceding 30-day period;
5. There are grounds for denial pursuant to Chapter 4.06 RCMC; or
6. No general business license has been granted for the enterprise pursuant to Chapter 4.06 RCMC.
B. A license shall be valid for one year and an application for renewal must be filed not later than 30 days prior to the expiration of the license, but no earlier than 60 days prior to the expiration of the license. Unless revoked on an earlier date, all licenses shall expire one year after the date of issuance. A license may be renewed for additional periods of one year by submitting an application to the tax and license collector and payment of the applicable license fee; provided, however, a license that is suspended, has been revoked, or is subject to suspension or revocation proceedings shall not be renewed. The application and license fee shall be submitted at least 30 days, but not more than 60 days, prior to the expiration of the current valid license. The applicant shall follow all of the procedures and provide all of the information required by RCMC 4.07.050, and the tax and license collector shall process the application according to the provisions of this section. Provided that an application is made within the time period required by this subsection, a licensee may continue the sale of tobacco products pending a determination of the tax and license collector to renew or disapprove the license.
C. Where the city manager does not approve a license or renewal of a license, the procedures for denial, including appeals therefrom, of RCMC 4.07.120 shall apply. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.070 Display of license.
Each license shall be prominently displayed in a publicly visible location at the licensed premises. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.080 License fee.
The fee for issuance or renewal of a license shall be established by the city manager and shall be in addition to the city’s business operation tax and any other license or permit fee imposed by this code upon the applicant. The license fee shall be paid to the city at the time the license application is submitted. The amount of the fee shall be determined on the basis of the costs incurred in the enforcement of tobacco retailing laws together with the costs, including the costs of counsel, incurred in the administration of this chapter. [Ord. 10-2022 § 3 (Exh. A); Ord. 6-2010 § 5; Ord. 3-2005 § 2].
4.07.090 License nontransferable.
A license is nontransferable. If a licensee changes business location, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing is sold, the new owner must obtain a license for that location before acting as a tobacco retailer. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.100 License violation.
A. It shall be a violation of a license for a licensee or his or her agents or employees to violate any local, state, or federal tobacco-related law.
B. It shall be a violation of a license for a licensee, or a licensee’s agents or employees, to sell, offer for sale, possess with the intent to sell or offer for sale, or distribute any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product, if a tobacco manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.
1. After 90 calendar days from the effective date of this chapter, it shall be a violation of this chapter for a tobacco licensee, or a licensee’s agents or employees, to sell, offer for sale, possess with the intent to sell or offer for sale, or distribute any prohibited product.
2. This chapter shall not apply to any existing establishment that (a) has been formally permitted to allow the on-site smoking of tobacco products under RCMC 23.919.100 and that (b) sells only shisha tobacco products (as defined in California Health and Safety Code Section 104559.5) for on-site consumption. The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions Code. Retail sales of flavored tobacco products other than shisha tobacco products (as defined in California Health and Safety Code Section 104559.5) by such smoking lounges are prohibited. No flavored shisha tobacco products purchased at such smoking lounges may be removed from the premises. As required in RCMC 23.919.100, all consumption or use of flavored shisha tobacco products at such smoking lounges shall occur indoors. The hookah tobacco retailer shall operate in accordance with all relevant state and local laws relating to the sale of tobacco products. [Ord. 3-2023 § 3 (Exh. A); Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.110 Administrative fine.
A. Any tobacco retailer or licensee violating the provisions of this chapter shall be guilty of a misdemeanor, and in addition to any other remedy, shall be liable for an administrative fine of $1,000 per violation. Each day a violation exists shall constitute a new and separate violation.
B. Any violation of this chapter may be remedied by a civil action brought by the city attorney. The city may recover reasonable attorney’s fees and costs of any civil action brought by the city attorney to remedy any violation of this chapter.
C. Additional Amounts. Administrative costs, interest, late payment charges, costs of compliance reinspections, and collection costs are in addition to the fine as set forth in subsection (A) of this section.
D. An administrative citation shall be personally served on, or sent by certified mail to, the person or persons subject to the fine. The notice shall state the basis of the city’s determinations and include an advisement of the right to request a hearing to contest the fine. Any request for a hearing must be in writing and must be received by the city within 15 calendar days. This completed request must be submitted together with an appeal fee of $250.00.
E. If no request for a hearing is timely received, the city’s determination on the violation and the imposition of a fine and any additional amounts pursuant to subsection (C) of this section shall be final and payment shall be made within 30 calendar days of written demand made in the manner specified above for a notice of violation. If the fine is not paid within that time, the fine may be collected, along with any additional amounts pursuant to subsection (C) of this section, in any manner provided by law. In the event that a judicial action is necessary to compel payment, the person or persons subject to the fine and any additional amount shall also be liable for the costs of the suit and attorneys’ fees incurred by the city in collecting the fine.
F. If a hearing is requested pursuant to subsection (D) of this section, the city shall provide written notice, within 45 calendar days of its receipt of the hearing request, to the person or persons subject to a fine and any additional amount, of the date, time, and place of the hearing in the manner specified above for a notice of violation.
G. The hearing shall be conducted in accordance with the procedures set forth in RCMC 4.07.140 through 4.07.160.
H. If no timely notice of appeal to the superior court is filed, or the city is not timely served with a copy of a notice of appeal, the hearing officer’s decision and findings shall be deemed confirmed and the fine and any additional amounts imposed pursuant to subsection (C) of this section shall be collected pursuant to subsection (E) of this section. [Ord. 3-2023 § 3 (Exh. A); Ord. 10-2022 § 3 (Exh. A); Ord. 6-2010 § 6; Ord. 3-2005 § 2].
4.07.120 Suspension or revocation of license.
A. In addition to any other remedy authorized by law, a license shall be suspended or revoked as provided in this section if the city manager finds that the licensee or his or her agents or employees has or have violated any of the provisions of this chapter; provided, however, violations by a licensee at one location may not be accumulated against other locations of that same licensee, nor may violations accumulated against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location.
1. Upon a finding by the city manager of a first license violation within any five-year period, the license shall be suspended for 30 days.
2. Upon a finding by the city manager of a second license violation within any five-year period, the license shall be suspended for 90 days.
3. Upon a finding by the city manager of a third license violation within any five-year period, the license shall be suspended for one year.
4. Upon a finding by the city manager of a fourth license violation within any five-year period, the license shall be revoked.
B. Notwithstanding RCMC 4.07.110(A), a license shall be revoked if the city manager finds that either one or both of the following conditions exist:
1. One or more of the bases for denial of a license under RCMC 4.07.060(A) existed at the time application was made or at any time before the license was issued.
2. The information contained in the license application, including supplemental information, if any, is found to be false in any material respect.
C. In the event the city manager suspends or revokes a license, written notice of the suspension or revocation shall be served upon the licensee within five days of the suspension or revocation. The notice shall contain:
1. A brief statement of the specific grounds for such suspension or revocation;
2. A statement that the licensee may appeal the suspension or revocation by submitting an appeal, in writing, in accordance with the provisions of RCMC 4.07.130, to the city manager, within 10 calendar days of the date of service of the notice; and
3. A statement that the failure to appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.
D. A licensee for whom a license suspension is in effect must remove all tobacco products and tobacco paraphernalia from public view at the address that appears on the suspended license. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.130 Denial, suspension and revocation – Appeals.
A. Any applicant or licensee aggrieved by the decision of the city manager in denying, suspending, or revoking a license may appeal the decision by submitting a written appeal to the city manager within 10 calendar days from the date of service of the notice of denial, suspension, or revocation. The written appeal shall contain:
1. A brief statement in ordinary and concise language of the specific action protested, together with any material facts claimed to support the contentions of the appellant;
2. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested action should be reversed or otherwise set aside;
3. The signatures of all parties named as appellants and their official mailing addresses; and
4. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
B. The appeal hearing shall be conducted in accordance with RCMC 4.07.140 through 4.07.160.
C. Upon receipt of any appeal filed pursuant to this section, the city manager shall transmit said appeal to the secretary of the hearing examiner who shall calendar the matter for hearing within 45 days.
D. Written notice of the time and place of the hearing shall be given at least 10 calendar days prior to the date of the hearing to each appellant by the secretary of the hearing examiner either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
E. Failure of any person to file a timely appeal in accordance with the provisions of this section shall constitute an irrevocable waiver of the right to an administrative hearing and a final adjudication of the notice and order, or any portion thereof.
F. Only those matters or issues specifically raised by the appellant in the appeal notice shall be considered in the hearing of the appeal.
G. Any suspension or revocation of a license shall be stayed during the pendency of an appeal which is properly and timely filed pursuant to this section. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.140 Hearings – Generally.
A. The city manager shall appoint a hearing examiner to hear appeals brought pursuant to this chapter.
B. The city manager shall promulgate rules and procedures as necessary for the use of the hearing examiner.
C. At the time set for hearing, the hearing examiner shall proceed to hear the testimony of the city manager, the appellant, and other competent persons, including members of the public, respecting those matters or issues specifically listed by the appellant in the notice of appeal.
D. The proceedings at the hearing shall be electronically recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense.
E. The hearing examiner may, upon request of the appellant or upon request of the city manager, grant continuances from time to time for good cause shown, or upon his or her own motion.
F. In any proceedings under this chapter, the hearing examiner has the power to administer oaths and affirmations and to certify to official acts. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.150 Conduct of hearing.
A. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. Section 11513, subsections (a), (b) and (c), of the Government Code as presently written or hereinafter amended shall apply to hearings under this chapter.
B. Oral evidence shall be taken only upon oath or affirmation.
C. Irrelevant and unduly repetitious evidence shall be excluded.
D. Each party shall have these rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which party first called the witness to testify;
5. To rebut the evidence presented against the party; and
6. To represent himself, herself, or itself or to be represented by anyone of his, her, or its choice who is lawfully permitted to do so.
E. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.160 Form and contents of decision – Finality of decision.
A. If it is shown, by a preponderance of the evidence, that one or more bases exist to deny, suspend, or revoke the license, the hearing examiner shall affirm the city manager’s decision to deny, suspend, or revoke the license. The decision of the hearing examiner shall be in writing and shall contain findings of fact and a determination of the issues presented.
B. The decision shall inform the appellant that the decision is a final decision and that the time for judicial review is governed by Section 1094.6 of the California Code of Civil Procedure. Copies of the decision shall be delivered to the parties personally or sent by certified mail to the address shown on the appeal. The decision shall be final when signed by the hearing examiner and served as provided in this section. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.170 Enforcement.
A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
B. Any violation of this chapter may be remedied by a civil action brought by the city attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal enforcement proceedings, and suits for injunctive relief. The city may recover reasonable attorneys’ fees and costs of suit in any civil action brought by the city attorney to remedy any violation of this chapter.
C. Violations of this chapter are hereby declared to be public nuisances subject to abatement by the city. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.180 Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, that decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].
4.07.190 Effective date and publication.
Within 15 days from and after adoption, the ordinance codified in this chapter shall be published once in the Grapevine Independent, a newspaper of general circulation printed and published in Rancho Cordova City and circulated in the city of Rancho Cordova, in accordance with Section 36933 of the California Government Code. The ordinance codified in this chapter shall take effect and be enforced 30 days after its adoption. [Ord. 10-2022 § 3 (Exh. A); Ord. 3-2005 § 2].