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File Number: 18-299 <br />packages containing less than 0.60 ounces of tobacco; and <br />• Prohibiting the sale of flavored cigarettes (except for menthol). <br /> <br />Despite state and federal regulations, studies show that underage individuals are still able to gain <br />access to tobacco and electronic cigarette products. Additionally, while regulations exist <br />regarding the flavor and package size of cigarettes, similar regulations do not exist regarding the <br />flavor and package size of electronic cigarettes and cigars. <br />State and federal law generally provide local jurisdictions with authority to enact tobacco retailer’s <br />ordinances and other regulations that are more restrictive than existing state and federal <br />regulations. As a result, more than 148 cities and counties throughout California have adopted a <br />tobacco retailer’s ordinance in an effort to prevent underage tobacco use. <br /> <br />The City Council began considering an ordinance establishing local regulations for tobacco <br />retailing in 2015. Since then, the City Attorney’s Office prepared and presented draft tobacco <br />retailer’s ordinance to the City Council Rules Committee on May 25, 2016, November 28, 2016 <br />and April 24, 2017. The City Council considered the draft tobacco retailer’s ordinance on June 5, <br />2017 and referred the draft ordinance to the City Council Rules Committee for further <br />consideration. The City Council Rules Committee considered the draft ordinance on June 26, <br />2017. On October 16, 2017, the City Council adopted the tobacco retailer’s ordinance, as <br />codified in San Leandro Municipal Code Chapter 4-36. <br />Applicability and Prohibitions: <br />The tobacco retailer’s ordinance applies to all tobacco retailers within the City, which includes any <br />person who sells electronic cigarettes, electronic cigarette products, electronic cigarette <br />paraphernalia, tobacco products, or tobacco paraphernalia. Prohibited activities include: <br />• The sale of tobacco or electronic cigarette products without a valid tobacco retailer’s <br />license; <br />• Tobacco retailing via a self-service display; <br />• Tobacco retailing by an individual that is younger than 18; <br />• The non-sale distribution of tobacco and electronic cigarette products in a public place; <br />• The sale of cigars in a package of less than $7 per five cigars, except for the sale of <br />single cigars in excess of $5; <br />• The sale of flavored cigars; and <br />• The sale of flavored electronic cigarette products, whether such products contain <br />nicotine or not. <br />Licensing Provisions and Enforcement: <br />There are approximately 86 known tobacco retailers in the City of San Leandro. The tobacco <br />retailer’s ordinance requires that all tobacco retailers within the City obtain a tobacco retailer’s <br />license. A tobacco retailer’s license requires the payment of an annual fee in order to fund costs <br />of administration and enforcement of the ordinance. <br />Administrative costs include maintaining a tobacco retailer database, as well as creating and <br />Page 2 City of San Leandro Printed on 6/12/2018 <br />446