Ord 2022-002 Adopted - Ch 4.36 Menthol Cigarettes

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electronic cigarette products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and in protecting children from being lured into illegal activity through adult misconduct; and WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City of San Leandro, to protect the health, safety, and welfare of our residents; and WHEREAS, a requirement for a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes or other tobacco products or electronic cigarettes to adults. It will, however, allow the City to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco and electronic cigarette -related laws; and WHEREAS, the flavored tobacco ordinance of the City of San Leandro was implemented in the fall of 2017. To date, no holder of a San Leandro tobacco retailer license is known to have gone out of business because of the flavored tobacco ordinance; and WHEREAS, it is the intent of the City Council, in amending this ordinance, to include the sale of menthol cigarettes or menthol flavored tobacco products, in its efforts to curb the sales of all flavored tobacco products and to encourage responsible tobacco retailing, and to especially prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. NOW, THEREFORE, the City Council of the City of San Leandro hereby ORDAINS as follows: SECTION I. Recitals. The above recitals are true and correct and made a part of this ordinance. SECTION II. Amendment of Code. Chapter 4-36-100 of Title 4 of the San Leandro Municipal Code is hereby amended to read as follows (with additions in italics and deletions in strikethrough): CHAPTER 4-36 TOBACCO RETAILERS SECTION 4-36-100 DEFINITIONS. The following words and phrases, whenever used in this Chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: "Characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, coca, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A ORDINANCE NO. 2022-002 4