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File Number: 17-559 <br />WHEREAS, the safety and efficacy of electronic cigarettes is still unknown and electronic <br />cigarettes deliver an unknown mix of potentially carcinogenic and toxic compounds as evidenced <br />by the following: a) nicotine content labeling was not accurate with some manufacturers; b) <br />nicotine related impurities in cartridges and refills vary by electronic cigarette manufacturer; and <br />c) the concentrations of some metal and silicate particles in electronic cigarette aerosol were <br />higher than or equal to the levels contained in conventional cigarette smoke; and <br />WHEREAS, it is unknown if e-cigarettes may lead minors to try other tobacco products; <br />and <br />WHEREAS, the City Council finds that the reports referenced herein are relevant to the <br />problems addressed by the City of San Leandro in enacting this ordinance to preserve and <br />safeguard public health, safety and welfare by protecting against the negative secondary effects <br />and adverse impacts of tobacco use and electronic cigarette use among youth; and <br />WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (the “FDA <br />law”) completely bans free distribution of all tobacco products except smokeless tobacco, which <br />can still be distributed in “qualified adult-only facilities”; and <br />WHEREAS, the FDA does not prohibit the free distribution of coupons or nominally priced <br />tobacco products; and <br />WHEREAS, California state law prohibits the sale or distribution of free or nominal-cost <br />cigarettes or smokeless tobacco products (or coupons, coupon offers, or rebate offers for such <br />products) on public grounds or on private grounds that are open to the public; and <br />WHEREAS, California state law specifically allows adoption of a local ordinance related <br />to the distribution of free or nominal-cost tobacco products that is “more restrictive” provides that <br />a stricter local ordinance shall govern in the case of any inconsistency between the local <br />ordinance and state law; and <br />WHEREAS, the FDA law also expressly grants state and local governments the right to <br />enact measures that are more restrictive than those in the federal law; and <br />WHEREAS, the City of San Leandro has a substantial interest in promoting compliance <br />with federal, state, and local laws prohibiting the sale or furnishing of tobacco products and <br />electronic cigarette products to minors; in discouraging the illegal purchase of tobacco and <br />electronic cigarette products by minors; in promoting compliance with laws prohibiting sales of <br />cigarettes and tobacco products to minors; and in protecting children from being lured into illegal <br />activity through adult misconduct; and <br />WHEREAS, the City Council finds that a local licensing system for tobacco retailers is <br />appropriate to ensure that retailers comply with tobacco control laws and business standards of <br />the City of San Leandro, to protect the health, safety, and welfare of residents; and <br />WHEREAS, a requirement for a tobacco retailer license will not unduly burden legitimate <br />Page 4 City of San Leandro Printed on 10/10/2017 <br />181