10 Staff Report. Adopt Tobacco Retailers Ordinance
PREPARED BY: Bridgette Falconio
Administrative Technician
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Police Chief, and Finance
Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/17/2023 ITEM NO: 10
DATE: October 11, 2023
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Adopt an Ordinance Titled, “An Ordinance of the Town Council of the Town
of Los Gatos Amending Section 18.60.020, ‘Permits for Retailers of Tobacco
Products’ of Article VI, ‘Smoking Regulations’ of Chapter 18, ‘Offenses and
Miscellaneous Provisions,’ of the Town Code to Increase Fine Amounts and
Amend the Definition of ‘Tobacco Products’ to Align with the Santa Clara
County Ordinance.”
RECOMMENDATION:
Adopt an Ordinance titled, “An Ordinance of the Town Council of the Town of Los Gatos
amending Section 18.60.020, ‘Permits for Retailers of Tobacco Products,’ of Article VI, ’Smoking
Regulations,’ of Chapter 18, ‘Miscellaneous Provisions,’ of the Town Code to increase fine
amounts and amend the definition of ‘Tobacco Products’ to align with the Santa Clara County
Ordinance.”
REMARKS:
At its regular meeting of October 3, 2023, the Town Council held a public hearing to consider
the introduction of an Ordinance titled, “An Ordinance of the Town Council of the Town of Los
Gatos amending Section 18.60.020, ‘Permits for Retailers of Tobacco Products,’ of Article VI,
’Smoking Regulations,’ of Chapter 18, ‘Miscellaneous Provisions,’ of the Town Code to increase
fine amounts and amend the definition of ‘Tobacco Products’ to align with the Santa Clara
County Ordinance.” The Town Council voted 5-0 to approve the introduction of this ordinance.
The ordinance becomes effective 30 days after the adoption date.
PAGE 2 OF 2 SUBJECT: Updating the Town’s Current Tobacco Retailing Ordinance DATE: October 11, 2023
CONCLUSION:
Staff recommends Town Council adopt the Ordinance titled, “An Ordinance of the Town Council
of the Town of Los Gatos amending Section 18.60.020, ‘Permits for Retailers of Tobacco
Products,’ of Article VI, ‘Smoking Regulations,’ of Chapter 18, ‘Miscellaneous Provisions’ of the
Town Code to increase fine amounts and amend the definition of ‘Tobacco Products’ to align
with the Santa Clara County Ordinance.”
COORDINATION:
The Police Department, Town Attorney’s Office, Town Manager’s Office, and Santa Clara
County coordinated this report.
FISCAL IMPACT:
This action does not affect the Town’s Budget and is required to continue the existing
arrangement between the Town and the County for enforcement of the Ordinance provisions.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Draft Ordinance