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2017-061 - Amending the Comprehensive Fee Schedule to Include Fees, Rates, & Charges for a Tobacco Retail LicenseRESOLUTION NO. 2017 -061 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE TOWN OF LOS GATOS COMPREHENSIVE FEE SCHEDULE TO INCLUDE FEES RATES, AND CHARGES FOR A TOBACCO RETAIL LICENSE WHEREAS, Government Code Sections 66012 - 66018.5 grants to the Town Council of the Town of Los Gatos the authority to establish and charge user fees in connection with certain public services that are provided to businesses and individuals; and WHEREAS, the Town of Los Gatos financial policies require that the Town establish and maintain all user charges and fees based on the cost of providing services; and WHEREAS, on May 16, 2017, the Town Council adopted a Tobacco Retail License Ordinance and approved an Agreement with the County of Santa Clara for Tobacco Retail Permit Administration Services; and WHEREAS, fees need to be established for applications that qualify for a tobacco Retail License; and WHEREAS, pursuant to the Agreement between the Town and the County the proposed fee to apply for and obtain or renew a Tobacco Retailer's Permit shall be established by resolution of the Board of Supervisors. NOW THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that: 1. The Town Council hereby amends the Town Comprehensive fee Schedule as follows: Tobacco Retail License Fee: The fee to apply for and obtain or renew a Tobacco Retailer's Permit shall be established by resolution of the Board of Supervisors. The fee shall be calculated so as to recover no more than the total cost of permit administration and enforcement, including but not limited to receiving, reviewing and processing the application and the information contained therein, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations, and sanction and prosecution of violators, but shall not exceed the cost of the regulatory program; and 2. Council hereby adopts and approves the amendment to the Comprehensive fee Schedule loft Resolution 2017 - 061 November 7, 2017 establishing a fee for a Tobacco Retail License following a public hearing on the matter and the same is incorporated herein; and, 3. Pursuant to California Government Code Section 66017, the fees adopted by this resolution shall be in full force and effect and shall be collected beginning January 8, 2018. PASSED AND ADOPTED at a regular meeting of the Town Council held on 711 day of November 2017 by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Steve Leonardis, Rob Rennie, Barbara Spector, Mayor Marico Sayoc NAYS: None ABSENT: None ABSTAIN: None SIGNED: MAYOR OF E TO F LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA I ft 117 2of2 Resolution 2017 - 061 November 7, 2017