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City of San Leandro <br />Meeting Date: October 16, 2017 <br />Ordinance <br />Agenda Section:File Number:17-559 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 Electronic <br />Cigarettes <br />WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with <br />the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; <br />and <br />WHEREAS, California courts have affirmed the power of a city to regulate business activity in <br />order to discourage violations of law in such cases as Cohen v. Board of Supervisors (1985) 40 <br />Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and Prime Gas <br />v. City of Sacramento (2010) 184 Cal.App.4th 697; and <br />WHEREAS, local zoning controls allow local governments to regulate the operation of lawful <br />businesses to avoid circumstances that facilitate violations of state, federal, and local 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 laws <br />prohibiting the sale of tobacco products to minors, presents an imminent threat to the public <br />health, safety, and welfare of the residents of the City San Leandro; and <br />WHEREAS, approximately 480,000 people die in the United States from tobacco-related <br />diseases every year, making it the nation’s leading cause of preventable death; and <br />WHEREAS, the California Legislature has recognized the danger of tobacco use and has <br />made reducing youth access to tobacco products a high priority, as evidenced by the following: <br />·The Legislature has declared that smoking is the single most important source of <br />Page 1 City of San Leandro Printed on 10/10/2017 <br />178