a. Purpose and Intent. It is the purpose and intent of this section to provide for the orderly regulation of businesses that sell tobacco in commercial zones. It is recognized that these establishments, by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulation and review of these uses are necessary.

b. Permit and Clearances Required. Tobacco product sales, including adding to the capacity, floor area or shelf space devoted to tobacco products, may be permitted upon securing clearances from the Police Department, a cigarette and tobacco products retailer’s license from the California Department of Tax and Fee Administration in accordance with Section 22971 of the Business and Professions Code, and upon securing either a use permit from the Planning Commission or may be permitted by right depending on the specific sales activity as defined in Table 10 (as defined in Section 22971(p) of the Business and Professions Code) must have a cigarette and tobacco products retailer’s license.

c. Performance Standards. All tobacco retail sales shall meet the applicable criteria and standards as required by this section or any other regulation of the City; provided, that the Planning Commission or City Council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section or to protect the health, safety and welfare of the public, community and the environment.