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City of San Leandro <br />Meeting Date: February 7, 2022 <br />Ordinance <br />Agenda Section:File Number:22-023 CONSENT CALENDAR <br />Agenda Number:9.N. <br />TO:City Council <br />FROM:Fran Robustelli <br />City Manager <br />BY:City Council <br />FINANCE REVIEW:Not Applicable <br />TITLE:ORDINANCE Amending Chapter 4.36 of the San Leandro Municipal Code <br />Prohibiting the Sale of Menthol Cigarettes in San Leandro, effective January 1, <br />2023 <br />AN ORDINANCE OF THE CITY OF SAN LEANDRO TO AMEND CHAPTER 4.36 “TOBACCO <br />RETAILERS” OF THE SAN LEANDRO MUNICIPAL CODE TO INCLUDE MENTHOL <br />TOBACCO PRODUCTS IN THE DEFINITION OF FLAVORED TOBACCO PRODUCTS <br />WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the <br />authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and <br />WHEREAS, California courts have affirmed the power of a city to regulate business activity in order to <br />discourage violations of law in such cases as Cohen v. Board of Supervisors (1985) 40 Cal.3d 277, Bravo <br />Vending v. City of Rancho Mirage (1993) 16 Cal.App.4th 383, and Prime Gas v. City of Sacramento (2010) <br />184 Cal.App.4th 697; and <br />WHEREAS, local zoning controls allow local governments to regulate the operation of lawful businesses <br />to avoid circumstances which facilitate violations of state, federal, and local laws; and <br />WHEREAS, based in part on the information contained in this section, the City Council finds that the <br />failure of tobacco retailers to comply with all tobacco control laws, particularly laws prohibiting the sale of <br />tobacco products to minors, presents an imminent threat to the public health, safety, and welfare of the <br />residents of the City San Leandro; and <br />WHEREAS, approximately 480,000 people die in the United States from tobacco-related diseases <br />every year, making it the nation’s leading cause of preventable death; and <br />WHEREAS, the California Legislature has recognized the danger of tobacco use and has made <br />reducing youth access to tobacco products a high priority, as evidenced by the following: <br />Page 1 City of San Leandro Printed on 2/3/2022