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File Number: 17-559 <br />business activities of retailers who sell or distribute cigarettes or other tobacco products or <br />electronic cigarettes to adults. It will, however, allow the City to regulate the operation of lawful <br />businesses to discourage violations of federal, state, and local tobacco and electronic <br />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 federal <br />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 shown <br />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 is exempt from further environmental review <br />under the general rule in California Environmental Quality Act (CEQA) Guidelines Section <br />15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant <br />effect on the environment. As a series of text amendments and additions, it can be seen with <br />certainty that there is no possibility that the ordinance will have a significant effect on the <br />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 attached Exhibit A, which is <br />incorporated herein by reference and available for review in the City Clerk’s office during normal <br />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 application of <br />such part or provision to other persons or circumstances shall not be affected thereby and shall <br />continue in full force and effect. To this end, provisions of this ordinance are severable. The City <br />Council hereby declares that it would have passed each section, subsection, subdivision, <br />paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more <br />sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held <br />unconstitutional, invalid, or unenforceable. <br />SECTION V. Publication and effective date. This Ordinance shall take effect thirty (30) days <br />after adoption. The City Clerk of the City of San Leandro shall cause the Ordinance to be <br />published in accordance with section 36933 of the Government Code of the State of California. <br />Page 5 City of San Leandro Printed on 10/10/2017 <br />182