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IN THE CITY COUNCIL FOR THE CITY OF SAN LEANDRO ORDINANCE NO. 2017-017 AN ORDINANCE OF THE CITY OF SAN LEANDRO ADDING CHAPTER 4.36 "TOBACCO RETAILERS" TO THE SAN LEANDRO MUNICIPAL CODE TO REQUIRE THE LICENSURE OF TOBACCO RETAILERS AND TO REGULATE THE SALE OF CIGARS, CIGARILLOS AND ELECTRONIC CIGARETTES 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, California courts have affirmed the power of a city to regulate business activity in order to discourage violations of law in such cases as Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, Bravo Vending v. City of Rancho Mirage (1993) 16 Cal.AppAth 383, and Prime Gas v. City of Sacramento (2010) 184 Cal.AppAth 697; and WHEREAS, local zoning controls allow local governments to regulate the operation of lawful businesses to avoid circumstances that facilitate violations of state, federal, and local laws; and WHEREAS, based in part on the information contained in this section, the City Council finds that the failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors,presents an imminent threat to the public health, safety, and welfare of the residents of the City San Leandro; and WHEREAS, approximately 480,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death;i and WHEREAS,the California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the following: • The Legislature has declared that smoking is the single most important source of preventable disease and premature death in California; that keeping children from beginning to use tobacco products in any form shall be among the highest priorities in disease prevention for the State of California;2 • State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to anyone under the age of 21;3 requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 21 years of age;4 1 U.S.Department of Health and Human Services.2014. The Health Consequences of Smoking—50 Years of Progress. A Report of the Surgeon General, www.surgeongeneral.gov/library/reports/50 years-of-progress/full-report.pdf. 2 Cal.Health&Safety Code§ 118950. 3 Cal. Pen.Code §308. 4 Cal.Bus.&Prof. Code § 22956. (footnote continued) ORDINANCE NO.2017-017 1