HomeMy WebLinkAboutReso - CC - 050-2024RESOLUTION NO. 050-2024
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RESOLUTION OF THE CITY COUNCIL OF CITY OF BURLINGAME ESTABLISHING A NEW
TOBACCO RETAILER APPLICATION FEE AND AN ANNUAL TOBACCO RETAILER PERMIT
FEE FOR THE TOBACCO RETAILER PERMIT PROGRAM AND AMENDING THE MASTER
FEE SCHEDULE ACCORDINGLY
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
WHEREAS, on March 18, 2024, the City Council of the City of Burlingame adopted
Ordinance No. 2026 (the “Ordinance”), which created a Tobacco Retailer Permit Program,
Chapter 8.19 of the Burlingame Municipal Code; and
WHEREAS, the Ordinance established a comprehensive set of requirements and
standards to regulate Tobacco Retailers throughout the city, including at least two inspections
of all retailers each year; and
WHEREAS, the Ordinance is modeled after San Mateo County’s updated Tobacco
Retailer Permit Program, which has also been adopted by the City of San Mateo; and
WHEREAS, the City does not currently have a fee structure for administering the
Tobacco Retailer Permit Program, including review of tobacco retailer permit applications and
the cost of annual inspections, education, and enforcement of the Program; and
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) allows
local agencies to charge fees to defray all or part of the cost of services, provided the fee does
not exceed the estimated reasonable amount of providing the service; and
WHEREAS, in conjunction with the Tobacco Retailer Permit Program, the City Council
wishes to adopt a new Tobacco Retailer Application Fee of $249 per applicant for each new
application beginning May 16, 2024; and
WHEREAS, in conjunction with the Tobacco Retailer Permit Program, the City Council
wishes to adopt a new annual Tobacco Retailer Permit Fee of $672 for each Tobacco Retailer,
including any Hookah Tobacco Retailer; and
WHEREAS, these fee amounts mirror the fees imposed by both San Mateo County and
the City of San Mateo and do not exceed the City’s estimated cost of providing the services in
the City’s Tobacco Retailer Permit Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Burlingame as follows:
Section 1. The foregoing recitals are true and correct and incorporated into this Resolution
by this reference.
Section 2. In conjunction with the Tobacco Retailer Permit Program, a fee of $249 per
application will be collected for each permit application received after May 16, 2024, and the
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RESOLUTION NO. 050-2024
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Burlingame Police Department will collect this fee from applicants before review of their
applications pursuant to Chapter 8.19 of the Burlingame Municipal Code.
Section 3. In conjunction with the Tobacco Retailer Permit Program, an annual fee of
$672 per retailer will be collected pursuant to Chapter 8.19 of the Burlingame Municipal Code to
recover the reasonable costs of the Program.
Section 4. The City’s Master Fee Schedule shall be revised to include the fees as shown
in this Resolution.
Section 5. The City Manager is authorized to take any other related actions consistent
with the intention of this Resolution.
NOW, THEREFORE, BE IT FURTHER RESOLVED that this Resolution shall become effective
immediately upon its passage and adoption.
Donna Colson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 15th day of April, 2024,
by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Meaghan Hassel-Shearer, City Clerk
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