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File Number: 16-683 <br />Councilmember Lee Thomas <br />City staff present: City Clerk, Tamika Greenwood; Community Development Director, <br />Cynthia Battenberg; City Manager, Chris Zapata, City Attorney, Rich Pio Roda; Assistant <br />City Attorney, Kris Kokotaylo; Deputy City Clerk, Deon Sailes; Police Chief, Jeff Tudor <br />1B. ANNOUNCEMENTS <br />The Mayor announced reorganization of the agenda to move Item 2.B. before item 2.A. <br />Discussion Items: <br />2B. TOBACCO RETAIL LICENSE <br />Assistant City Attorney Kris Kokotaylo opened the discussion with updates on the existing <br />tobacco retail ordinance. Provisions for flavored tobacco product ban and a package <br />requirement of 15 or more cigars per pack were included in the updated ordinance. Mr. <br />Kokotaylo explained that the package requirement does not extend to “premium cigars” <br />therefore retailers would still be permitted to sell these cigars individually. <br />Mayor Cutter posed questions related to the process for obtaining a license and requested <br />information on what other cities are charging for individual cigars. <br />Councilmember Thomas discussed including the cigarette ban to local pharmacies and would <br />like to include “menthol” as a flavored product. The City Attorney advised that the City is <br />preempted from regulating menthol cigarettes and the City cannot impose penalties in excess <br />of $5,000 annually. Councilmember Thomas also does not agree with the four chances <br />retailers are allowed prior to license suspension. Suggests the following: <br />i.First violation = Written Warning $250 Fine <br />ii.Second violation = 90 day suspension <br />iii.Third violation = license revocation for 5 years <br />iv.Requested Staff to return with additional information on what other <br />cities are charging for individual cigars. Would like to charge an amount in <br />align with other jurisdictions. <br />The committee discussed the local ordinance on smoking in public places and the City <br />Attorney provided clarification on the ordinance. <br />Councilmember Cox suggested additional signage to inform people that smoking in certain <br />areas is prohibited. <br />Recommendation - Move to the full City Council (March 2017) with recommended <br />changes that include the elimination of the fourth warning; First Violation = written <br />warning and $250 fine, Second Violation = 90 day suspension, Third Violation = 5-year <br />license revocation. The committee also requested updated information on increasing <br />the sale price of individual cigar prices and what are cities are charging for the sale of <br />individual cigars. Finally the committee requested information on the number of <br />businesses that have tobacco retail licenses in San Leandro. <br />Page 2 City of San Leandro Printed on 12/13/2016