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Regular-General Government # 45.
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| Board of Supervisors |
County Counsel |
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| Subject |
| Introduction of an ordinance adding, based on prior discretionary County approvals, a location eligible to seek a County tobacco retail license to Yolo County Code Section 6-15.04 and making other minor clarifying edits. (No general fund impact) (Pogledich) |
| Recommended Action |
- Introduce and waive first reading of an ordinance adding a location eligible to seek a County tobacco retail license to Yolo County Code Section 6-15.04 and making other minor clarifying edits;
- Receive a staff presentation and any public comments; and
- Continue the ordinance to next regularly-scheduled Board meeting for consideration for adoption.
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| Strategic Plan Goal(s) |
Thriving Residents
Safe Communities |
| Reason for Recommended Action/Background |
The purpose of the attached ordinance is to add a location to the list of sites eligible to apply for a County tobacco retail license. Licensing is governed by Yolo County Code Section 6-15.04. The Board of Supervisors amended Section 6-15.04 and related provisions on April 1, 2017 to restrict tobacco licensing to existing locations with a current County license. The Board's intention was to prevent the issuance of licenses to new locations while preserving the investment-backed expectations of existing retailers.
The site at issue in the attached ordinance was not a licensee at the time of the change in Section 6-15.04. However, the site had received all County discretionary approvals for commercial uses (including a gas station convenience store) that would typically include retail tobacco sales. Indeed, without knowledge of the County ordinance change, the site owner (Mr. Sunny Ghai) proceeded to obtain building permits and make substantial progress toward constructing gas station and convenience store facilities and entering into a franchise arrangement with AM/PM. Mr. Ghai asserts that he has spent a significant amount in furtherance of project construction and related activities, and that AM/PM will rescind the franchise agreement if he cannot obtain a County retail tobacco license.
This situation has been reviewed by the Community Services Department, Health & Human Services Agency and Office of the County Counsel. The departments all concur that amending the County Code to authorize a retail tobacco license at this location is appropriate based on the prior County permitting history and Mr. Ghai's substantial project expenditures. This is the only location with an "in the pipeline" argument with respect to its permitting status at the time of the ordinance amendment. As such, staff are confident that there are no other similarly situated locations and this proposed change to the ordinance will not set the stage for future requests of the same nature.
For all of these reasons, staff recommends that the Board take the actions set forth above to enable consideration of ordinance adoption at the next regularly scheduled Board meeting on July 9, 2019. |
| Collaborations (including Board advisory groups and external partner agencies) |
| Community Services Department, Health & Human Services Agency. |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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