Ord 2025-014 Amending the Zoning Code (Tobacco & e-Cigarette)

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2025-014 ORDINANCE AMENDING VARIOUS SECTIONS OF THE SAN LEANDRO ZONING CODE TO MODIFY REGULATIONS PERTAINING TO THE SALE OF TOBACCO-RELATED PRODUCTS AND E- CIGARETTE-RELATED PRODUCTS WITHIN CITY LIMITS WHEREAS, The California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and WHEREAS, the San Leandro Zoning Code may be periodically amended to incorporate clarifications or corrections to existing designations, as well as substantive changes; and WHEREAS, the proposed Amendments consist of changes to regulations pertaining to the sale of tobacco-related products and e-cigarette-related products within city limits; and WHEREAS, the City’s Zoning Code §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, tobacco use is the number one cause of preventable death in California and continues to be an urgent public health issue; and WHEREAS, for these reasons, the City Council, on June 3, 2024, enacted a Zoning Moratorium to prohibit the sale of tobacco-related products and electronic cigarette products in new locations and prohibit the establishment of new Tobacconist/Cigarette stores for a 45-day period; and