Ord 2024-010 Urgency Ordinance Tobacco Zoning Moratorium

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Ordinance No. 2024-010 1 IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2024-010 AN INTERIM ORDINANCE TO MAKE FINDINGS AND EXTEND A TEMPORARY ZONING MORATORIUM TO PROHIBIT THE SALE OF TOBACCO-RELATED PRODUCTS AND ELECTRONIC CIGARETTE-RELATED PRODUCTS IN NEW LOCATIONS, AS WELL AS NEW TOBACCONIST/CIGARETTE STORES THROUGHOUT THE CITY WHEREAS, the City’s Tobacco Retailers Ordinance found at Municipal Code Chapter 4-36 section 4-36- 150 prohibits tobacco retailing within the City of San Leandro without a valid tobacco retailer’s license; and WHEREAS, “tobacco retailing” is defined at Municipal Code section 4-36-100 as the sale of any tobacco products, tobacco paraphernalia, electronic cigarettes, electronic cigarette products, or electronic cigarette paraphernalia; and WHEREAS, the City’s Zoning Code section 1-12-108 defines a “tobacconist/cigarette store” as a “business devoted primarily to the sale of tobacco-related and e-cigarettes, and e-cigarette-related products, as defined by: (1) devoting 20% or more of total floor area or display area to; or (2) deriving 75% or more of gross sales receipts from, the sale or exchange of tobacco-related products”; and WHEREAS, the City’s Municipal Code and Zoning Code as currently written creates a potential loophole to the City’s intended regulation of tobacco retailing because businesses may sell tobacco-related products and electronic cigarette-related products without being classified as a “tobacconist/cigarette store” as long as the percentage of the business dedicated to tobacco products is less than the thresholds referenced; and WHEREAS, the potential loophole is significant because it allows a business to be legally established without complying with the separation requirements or more stringent review process applicable to tobacconist/cigarette stores as contemplated in the Zoning Code; and WHEREAS, as a result of the above, the City has observed an increase in the appearance of tobacco retailing by retailers without first complying with the Zoning Code’s requirements for tobacconist/cigarette stores; and WHEREAS, the City is concerned about this recent proliferation of tobacco retailer businesses, locations of tobacco retailer businesses, and the harmful effects of tobacco on the health, safety, and welfare of City residents, especially youth; and WHEREAS, regulating the locations where tobacco can be sold is critical to ensure that tobacco sales are not near sensitive locations, such as schools, parks and day care facilities; and WHEREAS, if not carefully regulated, a proliferation of businesses selling tobacco in a concentrated neighborhood can cause blight and negatively impact the public welfare; and WHEREAS, the City Council finds that issuing business licenses, use permits and/or building permits for new tobacconist/cigarette stores, would pose a current and immediate threat to the public health, safety, and