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File Number: 22-021 • Impose a total cap on the number of TRLs citywide (using a formula based on population), while grandfathering all existing TRL locations • Prohibit the issuance of new TRLs in proximity to schools January 19, 2021 City Council meeting Item 14 request: • Council directed staff to schedule a future discussion of menthol cigarette sales ban before the Rules Committee May 26, 2021 Rules Committee Meeting: • Schedule a roundtable forum that includes health advocates and retailers July 20, 2021 Tobacco Policy Roundtable Forum • Roundtable Forum held October 27, 2021 Rules Committee Meeting • Rules Committee votes unanimously to recommend banning menthol cigarette sales effective January 1, 2023 Proposed ordinance: Based on the direction of the Rules Committee at its October 27th meeting, staff presents for the Council’s consideration in the agenda packet a proposed ordinance that would add menthol cigarettes to the list of prohibited products that may not be sold in San Leandro. In order to allow local retailers time to adjust to the new regulations, the proposed ban would not go into effect until January 1, 2023. Status of Statewide ban on flavored tobacco products In August 2020, Governor Newsom signed into law SB 793, which was set to create a statewide ban on the sale of all flavored tobacco products throughout California (including menthol cigarettes), which was to be effective on January 1, 2021. However, a referendum was subsequently filed and so the measure is now set to appear on the upcoming November 2022 ballot, at which time statewide voters will have the opportunity to vote on whether or not to affirm the statewide flavor ban. In the event that state voters affirm SB 793, then the proposed local ordinance changes that are the subject of this report would become moot, since State law would serve to ban the sale of menthol cigarettes. Fiscal Impacts: None. Enforcement of the proposed menthol cigarette sales ban would be incorporated into existing enforcement programs that are already administered by the San Leandro Police Department. Attachments: Proposed Ordinance amending Chapter 4.36 of the San Leandro Municipal Code. Prepared by: Eric Engelbart, Deputy City Manager, City Manager’s Office Page 3 City of San Leandro Printed on 1/14/2022 622