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1 <br /> <br />IN THE CITY COUNCIL FOR THE CITY OF SAN LEANDRO <br /> <br /> <br />AN ORDINANCE OF THE CITY OF SAN LEANDRO ADDING CHAPTER 4.36 <br />“TOBACCO RETAILERS” TO THE SAN LEANDRO MUNICIPAL CODE TO <br />REQUIRE THE LICENSURE OF TOBACCO RETAILERS AND TO REGULATE THE <br />SALE OF CIGARS, CIGARILLOS AND ELECTRONIC CIGARETTES <br /> <br /> WHEREAS, the California Constitution, Article XI, Section 7, provides cities and <br />counties with the authority to enact ordinances to protect the health, safety, welfare, and morals <br />of their citizens; and <br /> <br /> WHEREAS, California courts have affirmed the power of a city to regulate business <br />activity in order to discourage violations of law in such cases as Cohen v. Board of Supervisors <br />(1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and <br />Prime Gas v. City of Sacramento (2010) 184 Cal.App.4th 697; and <br /> <br /> WHEREAS, local zoning controls allow local governments to regulate the operation of <br />lawful businesses to avoid circumstances which facilitate violations of state, federal, and local <br />laws; and <br /> <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 <br />laws 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 /> <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;1 and <br /> <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 /> <br /> The Legislature has declared that smoking is the single most important source of <br />preventable disease and premature death in California; that keeping children from <br />beginning to use tobacco products in any form shall be among the highest priorities in <br />disease prevention for the State of California;2 <br /> State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking <br />paraphernalia to anyone under the age of 21;3 requires that tobacco retailers check the <br />identification of tobacco purchasers who reasonably appear to be under 21 years of age;4 <br />requires that retailers of tobacco products post conspicuous notices stating that selling <br /> <br />1 U.S. Department of Health and Human Services. 2014. The Health Consequences of Smoking — 50 Years of Progress. <br />A Report of the Surgeon General, www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf. 2 Cal. Health & Safety Code § 118950. <br />3 Cal. Pen. Code § 308. <br />4 Cal. Bus. & Prof. Code § 22956. <br />183