El Cerrito Municipal Code Art. 3 Location Requirements

No new license may be issued to authorize tobacco retailing within five hundred feet of public and private schools and areas with youth populations as follows:

1. A private or public kindergarten, elementary, middle, junior high, or high school;

2. A library open to the public; or

3. A publically-owned park (excluding the Ohlone Greenway and pocket parks as defined in the San Pablo Avenue Specific Plan) or recreation facility including, but not limited to, clubhouses, the community center, the senior center, and the swim center.

EXCEPTION: Tobacco retailers operating at the time this chapter goes into effect may remain in their current location. In addition, if, within ten years of adoption of this ordinance, such businesses are sold in an arm's length transaction, as determined by the city, the location exception will continue to apply to the new owner.

(Ord. No. 2015-08, § 3, 10-6-2015)

No new license may be issued to authorize tobacco retailing within one thousand feet of a tobacco retailer location already licensed pursuant to this chapter.

EXCEPTIONS:

1. Tobacco retailers operating at the time this chapter goes into effect may remain in their current location. In addition, if, within ten years of adoption of this ordinance, such businesses are sold in an arm's length transaction, as determined by the city, the location exception will continue to apply to the new owner.

2. Any new retailer may request an exception to this section. If the body of approval is the planning commission, they will hear the exception request. If the planning commission is not the body of approval for the use, the zoning administrator will hear the exception request at an administrative hearing. In making a decision on an exception, the approving body will consider whether there are specific economic, legal, social, environmental or other benefits of the proposed retail operation that will outweigh the harms. (For example, the decision to grant the exception will take into account if the proposed use will provide a public benefit which will further one or more of the goals of the San Pablo Avenue Specific Plan or other adopted city policy document related to economic development.) The benefits will be stated in a finding(s) that the approving body makes when approving the exception.

(Ord. No. 2015-08, § 3, 10-6-2015)

The distances set forth in Section 6.100.360 shall be measured as a straight line, without regard to intervening structures or objects, from the property line of the property containing the tobacco retail business to the property line of the other property. The distances set forth in Section 6.100.380 between tobacco retailers shall be measured from the outside wall of the tenant space of each tobacco retailer.

(Ord. No. 2015-08, § 3, 10-6-2015)