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File Number: 17-307 <br />packages containing less than 0.60 ounces of tobacco; and <br />·Prohibiting the sale of flavored cigarettes (except for menthol). <br /> <br />Despite state and federal regulations, studies show that underage individuals are still able to <br />gain access to tobacco and electronic cigarette products. Additionally, while regulations exist <br />regarding the flavor and package size of cigarettes, similar regulations do not exist regarding <br />the flavor and package size of electronic cigarettes and cigars. <br />State and federal law generally provide local jurisdictions with authority to enact retail <br />licensing ordinances and other regulations that are more restrictive than existing state and <br />federal regulations. As a result, more than one hundred and forty-eight cities and counties <br />throughout California have adopted a tobacco retailer licensing ordinance in an effort to <br />prevent underage tobacco use. <br />The City Council referred the consideration of a potential ordinance establishing regulations <br />for tobacco retailing in 2015. Since then, staff prepared and presented draft tobacco retailers <br />ordinances to the City Council Rules Committee on May 25, 2016; November 28, 2016; and <br />April 24, 2017. The draft tobacco retailers ordinance includes direction and input from the <br />City Council Rules Committee. A summary of the key provisions of the tobacco retailers <br />ordinance is below: <br />Applicability and Prohibitions: <br />The ordinance applies to all tobacco retailers within the City, which includes any person who <br />sells electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, <br />tobacco products or tobacco paraphernalia. Prohibited activities include: <br />·The sale of tobacco or electronic cigarette products without a valid tobacco retailers <br />license; <br />·Tobacco retailing via a self-service display; <br />·Tobacco retailing by an individual that is younger than the established age for <br />possession and use of tobacco and electronic cigarette products; <br />·The nonsale distribution of tobacco and electronic cigarette products in a public place; <br />·The sale of cigars in a package containing less than fifteen cigars except for individual <br />cigars valued in excess of $5; <br />·The sale of flavored cigars; and <br />·The sale of flavored electronic cigarette products, whether such products contain <br />nicotine or not. <br />Page 2 City of San Leandro Printed on 5/30/2017 <br />190