Title
Staff Report for an Ordinance of the City of San Leandro Amending Chapter 4.36 of the San Leandro Municipal Code to prohibit the sale of menthol cigarettes in San Leandro, effective January 1, 2023
Staffreport
RECOMMENDATIONS
The City Council Rules Committee recommends that the City Council adopt the attached Ordinance amending Chapter 4.36 of the San Leandro Municipal Code to prohibit the sale of menthol cigarettes in San Leandro, effective January 1, 2023.
BACKGROUND AND SUMMARY
State and federal law currently establish restrictions and regulations on tobacco and electronic cigarette retailing. These restrictions and regulations include, but are not limited to:
* Prohibiting the sale or furnishing of cigarettes (including electronic cigarettes), tobacco products, and smoking paraphernalia to anyone under the age of 21;
* Requiring that retailers post conspicuous notices stating that selling tobacco products to anyone under 21 years of age is illegal;
* Prohibiting the sale of tobacco products and paraphernalia through self-service displays with limited exceptions;
* Prohibiting the sale of "bidis" (filterless cigarettes wrapped in temburni or tendu leaf) except in adult-only establishments;
* Prohibiting the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibiting the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco; and
* Prohibiting the sale of flavored cigarettes (except for menthol).
On October 16, 2017, the San Leandro City Council also adopted a local ordinance amending Chapter 4.36 of the Municipal Code to require the licensure of tobacco retailers and to regulate the sales of cigars, cigarillos, electronic cigarettes and other tobacco products.
Applicability and Prohibitions:
The existing ordinance applies to all tobacco retailers within the City, which includes any person who sells electronic cigarettes, electronic cigaret...
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