§ 6.87.390. Rules and regulations.

A.

The city manager is hereby authorized to make and promulgate any rules and regulations necessary to implement the requirements of this chapter. The rules and regulations shall be in addition to the requirements set forth in this chapter. In the event of a conflict between a provision set forth in this chapter and a rule or regulation promulgated by the city manager pursuant to this section, the more stringent or restrictive requirement or condition shall apply.

B.

No rules or regulations shall be adopted by the city manager as final prior to the city manager meeting all the following requirements:

1.

Any proposed rules and regulations shall be made available for inspection and copying by the public at the office of the city clerk during normal business hours.

2.

A copy of any proposed rules and regulations shall be mailed to each holder of a tobacco retail license and to each holder of an exemption.

3.

A thirty-day public comment period shall be provided which shall commence on the date of service of the proposed rules and regulations on the tobacco retailers. During this period, any person may submit written comments to the city manager.

4.

At the close of the public comment period, the city manager shall consider all the public comments on the proposed rules and regulations.

5.

Once the city manager has considered all public comments, the city manager shall finalize the rules and regulations.

6.

The finalized rules and regulations shall be accompanied by a brief written statement from the city manager that references all the reasonable written comments on the proposed rules and regulation and explains why the comments were accepted, rejected, or modified by the city manager.

7.

The city manager may adopt the rules and regulations as final upon service of the finalized rules and regulations on the licensed tobacco retailers and the tobacco retailers who are exempted from obtaining a tobacco retail license.

C.

Any rules and regulations adopted by the city manager may be amended by following the procedure outlined in Subsection B.

D.

No person licensed under this chapter, required to be licensed under this chapter, or exempted from being licensed under this chapter, whether or not such person is actually so licensed or exempted from being licensed under this chapter, shall violate the provisions of the rules and regulations authorized under this section.

(Ord. 28875.)