REPORT TO THE CITY COUNCIL
November 6, 2025
FROM: ANDREW JANZ, City Attorney
Office of the City Attorney
THROUGH: ERICA CAMARENA, Chief Assistant City Attorney
Office of the City Attorney, Code Enforcement
BY: ERIN MARTIN, Assistant City Attorney
Office of the City Attorney, Code Enforcement
SUBJECT
Title
***RESOLUTION - Adopting the 591st Amendment to the Master Fee Schedule Resolution No. 80-420 to add a per package Tobacco Retail Prohibited Products Fine in the City Attorney’s Office/Code Enforcement Section (Subject to Mayor’s veto).
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RECOMMENDATION
Staff recommends that Council adopt the 591st Amendment to the Master Fee Schedule Resolution No. 80-420 to add a per package Tobacco Retail Prohibited Products Fine in the City Attorney’s Office/Code Enforcement Section.
EXECUTIVE SUMMARY
The attached resolution to adopt the 591st Amendment to the Master Fee Schedule (MFS) Resolution No. 80-420 adds per package Tobacco Retail Prohibited Products Fine in the City Attorney’s Office/Code Enforcement Section of the Master Fee Schedule (MFS).
BACKGROUND
The California Legislature recognizes the danger of tobacco use and has made reducing youth access to tobacco products a high priority. The City has a substantial interest in promoting compliance with federal, state and local laws intended to regulate tobacco sales. The rampant failure of tobacco retailers to comply with all tobacco control laws presents an imminent threat to the public health, safety and welfare of the residents of the City of Fresno.
To ensure consistency with state law, the City recently added Article 37 of Chapter 9 to the Fresno Municipal Code (FMC), entitled “Tobacco Retailer Ordinance”. FMC Section 9-3708(j)(3) allows the City to impose a per package fine for each package that is in violation of Section 9-3706(c) Prohibited Products.
Staff recommends adding a fine of fifty dollars ($50.00) per package to the MFS. This fine is modeled after the civil penalty that is imposed by the state pursuant to California Business and Professions Code Section 22974.2(b)(1). Adding this fee will provide for consistency in enforcement of state and local tobacco control laws.
ENVIRONMENTAL FINDINGS.
Pursuant to the definition in California Environmental Quality Act Guidelines section 15378, the proposed changes to the Master Fee Schedule are not a “project.”
LOCAL PREFERENCE
Local preference was not implemented as this item does not include the bid or award of a construction or services contract.
FISCAL IMPACT
This matter does not impact the General Fund.
Attachments:
591st Amendment to the Master Fee Schedule Resolution and Exhibit A