File #: 16-683    Version: 1 Name: Rules Committee Highlights November 28, 2016
Type: Minutes Status: Passed
In control: City Council
Meeting Date: 12/19/2016 Final action: 12/19/2016
Enactment date: Enactment #:
Title: Highlights of the Rules Committee Meeting of November 28, 2016
Sponsors: Jeff Kay
Title

Highlights of the Rules Committee Meeting of November 28, 2016

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CITY OF SAN LEANDRO
CITY COUNCIL RULES COMMITTEE
NOVEMBER 28, 2016
8:30 a.m.

San Leandro City Hall
835 East 14th Street
San Leandro, California
(Sister Cities Gallery)

1A. ATTENDANCE
The meeting convened at 8:35 a.m.

Committee members present: Mayor Pauline Cutter, Councilmember Deborah Cox and Councilmember Lee Thomas

City staff present: City Clerk, Tamika Greenwood; Community Development Director, Cynthia Battenberg; City Manager, Chris Zapata, City Attorney, Rich Pio Roda; Assistant City Attorney, Kris Kokotaylo; Deputy City Clerk, Deon Sailes; Police Chief, Jeff Tudor

1B. ANNOUNCEMENTS

The Mayor announced reorganization of the agenda to move Item 2.B. before item 2.A.

Discussion Items:

2B. TOBACCO RETAIL LICENSE

Assistant City Attorney Kris Kokotaylo opened the discussion with updates on the existing tobacco retail ordinance. Provisions for flavored tobacco product ban and a package requirement of 15 or more cigars per pack were included in the updated ordinance. Mr. Kokotaylo explained that the package requirement does not extend to "premium cigars" therefore retailers would still be permitted to sell these cigars individually.

Mayor Cutter posed questions related to the process for obtaining a license and requested information on what other cities are charging for individual cigars.
Councilmember Thomas discussed including the cigarette ban to local pharmacies and would like to include "menthol" as a flavored product. The City Attorney advised that the City is preempted from regulating menthol cigarettes and the City cannot impose penalties in excess of $5,000 annually. Councilmember Thomas also does not agree with the four chances retailers are allowed prior to license suspension. Suggests the following:

i. First violation = Written Warning $250 Fine
ii. Second violation = 90 day suspension
iii. Third violation = license revocation for 5 years
iv. Requested St...

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