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City of San Leandro <br />Meeting Date: June 5, 2017 <br />Ordinance <br />Agenda Section:File Number:17-308 ACTION ITEMS <br />Agenda Number: <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY: <br />FINANCE REVIEW:Not Applicable <br />TITLE:ORDINANCE Of The City Of San Leandro Adding Chapter 4.36 “Tobacco <br />Retailers” To The San Leandro Municipal Code To Require The Licensure Of <br />Tobacco Retailers And To Regulate The Sale Of Cigars, Cigarillos And <br />Electronic Cigarettes <br />WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties <br />with the authority to enact ordinances to protect public health, safety, and welfare; and <br />WHEREAS, California courts have affirmed the power of a city to regulate business <br />activity in order to discourage violations of law in such cases as Cohen v. Board of <br />Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 <br />Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697; and <br />WHEREAS, local zoning controls allow local governments to regulate the operation of <br />lawful businesses to avoid circumstances which facilitate violations of state, federal, and local <br />laws; and <br />WHEREAS, based in part on the information contained in this section, the City Council <br />finds that the failure of tobacco retailers to comply with all tobacco control laws, particularly <br />laws prohibiting the sale of tobacco products to minors, presents an imminent threat to public <br />health, safety, and welfare in the City San Leandro; and <br />WHEREAS, approximately 480,000 people die in the United States from <br />tobacco-related diseases every year, making it the nation’s leading cause of preventable <br />death; and <br />WHEREAS, the California Legislature has recognizes the danger of tobacco use and <br />has made reducing youth access to tobacco products a high priority, as evidenced by the <br />following: <br />Page 1 City of San Leandro Printed on 5/30/2017 <br />192