Title
Adopt an Urgency Ordinance to Enact a Zoning Moratorium to Prohibit in New Locations the Sale of Tobacco-Related Products and Electronic Cigarette-Related products, as well as New Tobacconist/Cigarette Stores Throughout the City
Staffreport
COUNCIL PRIORITY
? Community & Business Development
SUMMARY
To address outdated zoning regulations that have contributed to enforcement challenges, staff recommends that the City Council approve an urgency ordinance enacting a temporary zoning moratorium 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. 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.
Should the City Council adopt the proposed moratorium, staff plans to return to the City Council within the 45-day period to evaluate whether an extension of the moratorium is needed.
The purpose of the moratorium is to give staff time to review the Municipal Code and Zoning Code to determine appropriate regulations. After staff completes its review, it will return to the City Council with proposed regulations.
RECOMMENDATIONS
Staff recommends that the City Council adopt an urgency ordinance enacting a zoning moratorium to prohibit the sale of tobacco-related products and electronic cigarette-related products in new locations and prohibit new tobacconist/cigarette stores.
BACKGROUND
California Business and Professions Code section 22971.3 authorizes cities to implement local tobacco licensing laws. Consistent with Stat...
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