Staff Report
PREPARED BY: ROBERT SCHULTZ
Town Attorney
Reviewed by: Town Manager 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: 05/16/2017
ITEM NO: 6
DATE: MAY 10, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: ROBERT SCHULTZ, TOWN ATTORNEY
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE COUNTY OF SANTA CLARA
FOR TOBACCO RETAIL PERMIT ADMINISTRATION SERVICES.
RECOMMENDATION:
Authorize the Town Manager to execute an agreement between the Town of Los Gatos and the
County of Santa Clara for Tobacco Retail Permit Administration Services.
BACKGROUND:
The Town Council recognizes the dangers of smoking and secondary smoke and in 2016
adopted amendments to the Town’s Smoking Regulations to prohibit smoking in the Town's
public spaces, including outdoor dining areas, entryways, public events, recreation areas, and
service areas and multi-family residential units. During the discussion, the Town Council
directed staff to also develop an ordinance to address regulating the sales of tobacco by
businesses in Los Gatos.
As the Town worked with the County and began exploring the idea of a local license, it became
clear that the Town’s Police Department did not have the staffing to handle regular compliance
checks with all tobacco vendors in the city. The Town requested that, if the Town Counc il
enacted such an ordinance, the County handle all aspects of the administration, oversight and
enforcement of the license. Santa Clara County has agreed to do this and will handle all
administrative aspects of the licensing.
DISCUSSION:
To formalize this arrangement, the Town Council is presented with an agreement (Attachment
1) between the County and the Town. The Agreement outlines the responsibilities of the
County in administering and enforcing the license for the Town of Los Gatos. The agreement
PAGE 2 OF 2
SUBJECT: AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE COUNTY OF
SANTA CLARA FOR TOBACCO RETAIL PERMIT ADMINISTRATION SERVICES
DATE : MAY 10, 2017
S:\COUNCIL REPORTS\2017\05-16-17\Tobacco Retail Agreement\Staff Report FINAL.docx 5/11/2017 2:34 PM SLL
DISCUSSION (cont’d):
requires the County to handle the license applications, issue the permit, administer the
program, provide education to retailers, inspect and provide compliance checks, and document
any violations. The Town would be resp onsible for providing information to businesses applying
for a business license, communicating with vendors, coordinating with the County and
conducting one sting operation per year.
The Council is asked to authorize the Town Manager to enter into this ag reement with the
County. There are approximately 25 vendors in the Town who sell tobacco and tobacco
products. The Town sent two letters to each vendor explaining the proposed license and cost.
Each vendor also received notice of the public hearing for the proposed ordinance. The public
hearing for the adoption of the ordinance was also noticed, as required, in the newspaper.
CONCLUSION:
Authorize the Town Manager to execute the agreement between Town of Los Gatos and the
County of Santa Clara for Tobacco Retail Permit Administration Services.
COORDINATION:
The Town Attorney’s office has coordinated the terms and conditions of the agreement with
the Police Department and Finance Department.
FISCAL IMPACT:
There would be no fiscal impact as Staff has developed an agreement for the County of Santa
Clara to administer and enforce a new tobacco retail permit program in the Town of Los Gatos.
Presently the County only enforces the County’s tobacco retail permit program in
unincorporated areas of the County. The agreement will establish an administration and
enforcement partnership with the Town. Town staff will continue to work and meet with
County staff to ensure that all parties are meeting the requirements of agreement.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Agreement