File #: 24-286    Version: 1 Name: Consideration of an Interim Urgency Ordinance extending an existing temporary zoning moratorium to prohibit in new locations the sale of tobacco and tobacco-related products, as well as new Tobacconist/Cigarette Stores throughout the City.
Type: Staff Report Status: Filed
In control: City Council
Meeting Date: 7/1/2024 Final action: 7/1/2024
Enactment date: Enactment #: Ord 2024-010
Title: Consideration of an Urgency Ordinance extending an existing temporary zoning moratorium to prohibit in new locations the sale of tobacco and tobacco-related products, as well as new Tobacconist/Cigarette Stores throughout the City. Pursuant to Government Code ?65858, if adopted, the moratorium will last until June 2, 2026
Attachments: 1. A - Urgency Ordinance Tobacco, 2. Att B - Report on Interim Activity
Related files: 24-237
Title
Consideration of an Urgency Ordinance extending an existing temporary zoning moratorium to prohibit in new locations the sale of tobacco and tobacco-related products, as well as new Tobacconist/Cigarette Stores throughout the City. Pursuant to Government Code ?65858, if adopted, the moratorium will last until June 2, 2026

Staffreport
COUNCIL PRIORITY
* Community & Business Development

SUMMARY

To address outdated zoning regulations that present enforcement challenges, staff recommends that the City Council approve an urgency ordinance extending the temporary zoning moratorium for a period of one (1) year, ten (10) months, and fifteen (15) days to:

1. Prohibit the sale of tobacco-related products or electronic-cigarette related products in a new location where such products are not sold as of June 3, 2024. This prohibition would not apply to supermarkets greater than 20,000 square feet or premium cigar retailers, as defined. In addition, the prohibition would not prevent new businesses that sell tobacco-related products or electronic-cigarette related products, other than tobacconist/cigarette stores, from being established in a location where such products are currently sold; and

2. Prohibit new tobacconist/cigarette stores. Existing legal tobacconist/cigarette stores would not be impacted and could continue to operate.

The proposed urgency ordinance, extending the moratorium, may only be adopted by a four-fifths vote of the City Council. If adopted, the ordinance would go into effect immediately, and would provide staff with adequate time to finalize and bring forth updated regulations for retail tobacco stores.

RECOMMENDATIONS

Staff recommends that the City Council adopt an urgency ordinance extending the temporary zoning moratorium that would be, consistent with State law, for a period of one (1) year, ten (10) months, and fifteen (15) days to prohibit the sale of tobacco-related products and electronic cigarette-related products in new locatio...

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