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File Number: 17-603 <br />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 the <br />flavor and package size of electronic cigarettes and cigars. <br />State and federal law generally provide local jurisdictions with authority to enact retail licensing <br />ordinances and other regulations that are more restrictive than existing state and federal <br />regulations. As a result, more than one hundred and forty-eight cities and counties throughout <br />California have adopted a tobacco retailer licensing ordinance in an effort to prevent underage <br />tobacco use. <br />The City Council began considering an ordinance establishing regulations for tobacco retailing in <br />2015. Since then, the City Attorney’s Office prepared and presented draft tobacco retailers <br />licensing ordinances to the City Council Rules Committee on: May 25, 2016; November 28, 2016; <br />and April 24, 2017. The City Council considered the draft tobacco retailers licensing ordinance <br />on June 5, 2017 and referred the draft ordinance to the City Council Rules Committee for further <br />consideration. The City Council Rules Committee considered the draft ordinance on June 26, <br />2017. <br />First Reading and Introduction of Tobacco Retailers Ordinance: <br />On October 2, 2017, the City Council considered the draft ordinance, made some minor <br />amendments, and voted 4-3 to waive first reading and introduce the ordinance. A summary of the <br />key provisions of the tobacco retailers licensing ordinance, including the proposed revisions are <br />below: <br />Applicability and Prohibitions: <br />The ordinance applies to all tobacco retailers within the City, which includes any person who sells <br />electronic cigarettes, electronic cigarette products, electronic cigarette paraphernalia, tobacco <br />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 18; <br />·The non-sale distribution of tobacco and electronic cigarette products in a public place; <br />·The sale of cigars in a package at less than $7 per five cigars, except for the sale of single <br />cigars in excess of $5; <br />·The sale of flavored cigars; and <br />·The sale of flavored electronic cigarette products, whether such products contain nicotine <br />or not. <br />Licensing Provisions and Enforcement: <br />The ordinance requires that all tobacco retailers obtain a tobacco retailers license from the City. <br />A tobacco retailers license requires the payment of an annual fee in order to fund costs of <br />administration and enforcement of the ordinance. The fees obtained from tobacco retailers will <br />Page 2 City of San Leandro Printed on 10/10/2017 <br />176