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6 <br /> <br />provides that a stricter local ordinance shall govern in the case of any inconsistency between the <br />local ordinance and state law;36 and <br /> <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;37 and <br /> <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 /> <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 our residents; and <br /> <br /> WHEREAS, a requirement for a tobacco retailer license will not unduly burden <br />legitimate business activities of retailers who sell or distribute cigarettes or other tobacco <br />products or electronic cigarettes to adults. It will, however, allow the City to regulate the <br />operation of lawful businesses to discourage violations of federal, state, and local tobacco and <br />electronic cigarette-related laws; and <br /> <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 /> <br /> WHEREAS, the amendments to the Municipal Code propose to add Chapter 4.36 as <br />shown in Exhibit A, which exhibit is attached and incorporated herein by reference. <br /> <br />Now, therefore, the City Council of the City of San Leandro does ordain as follows: <br /> <br />SECTION I. Recitals. The above recitals are true and correct and made a part of this <br />ordinance. <br /> <br />SECTION II. CEQA. Approval of the amendments is exempt from further environmental <br />review under the general rule in California Environmental Quality Act (CEQA) Guidelines <br />Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a <br />significant effect on the environment. As a series of text amendments and additions, it can be <br /> <br />36 Id. 37 21 U.S.C. § 387p(a)(1).