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File Number: 17-308 <br />and <br />WHEREAS, a requirement for a tobacco retailer license will not unduly burden <br />legitimate business activities of retailers who sell or distribute cigarettes or other tobacco <br />products or electronic cigarettes to adults. It will, however, allow the City to regulate the <br />operation of lawful businesses to discourage violations of federal, state, and local tobacco and <br />electronic cigarette-related laws; and <br />WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure <br />compliance with the business standards and practices of the City of San Leandro and to <br />encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, <br />especially those which prohibit or discourage the sale or distribution of tobacco and nicotine <br />products to minors, but not to expand or reduce the degree to which the acts regulated by <br />federal or state law are criminally proscribed or to alter the penalties provided therein; and <br />WHEREAS, the amendments to the Municipal Code propose to add Chapter 4-36 as <br />shown in Exhibit A, which exhibit is attached and incorporated herein by reference. <br />Now, therefore, the City Council of the City of San Leandro does ordain as follows: <br />SECTION I. Recitals. The above recitals are true and correct and made a part of this <br />ordinance. <br />SECTION II. CEQA. Approval of the amendments to the Municipal Code is exempt from <br />further environmental review under the general rule in the California Environmental Quality Act <br />(CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the <br />potential for causing a significant effect on the environment. As a series of text amendments <br />and additions, it can be seen with certainty that there is no possibility that the ordinance will <br />have a significant effect on the environment. <br />SECTION III. Approval. The City Council hereby approves the amendments to the Municipal <br />Code, more particularly, adding Chapter 4-36, as shown in the attached Exhibit A, which is <br />incorporated herein by reference and available for review in the City Clerk’s office during <br />normal business hours. <br />SECTION IV. Severability. If any provision of this ordinance or the application thereof to any <br />person or circumstance is held invalid, the remainder of the ordinance, including the <br />application of such part or provision to other persons or circumstances shall not be affected <br />thereby and shall continue in full force and effect. To this end, provisions of this ordinance <br />are severable. The City Council hereby declares that it would have passed each section, <br />subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact <br />that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or <br />phrases be held unconstitutional, invalid, or unenforceable. <br />SECTION V. Publication and effective date. The effective date of this Ordinance shall be <br />thirty (30) days after its adoption. The City Clerk of the City of San Leandro shall cause the <br />Ordinance to be published in accordance with section 36933 of the Government Code of the <br />State of California. <br />Page 5 City of San Leandro Printed on 5/30/2017 <br />196