TITLE
Staff Report for an Ordinance of the City Council of the City of San Leandro adding Chapter 4.36 "Tobacco Retailers" to the San Leandro Municipal Code to require the licensure of Tobacco Retailers and to regulate the sale of cigars, cigarillos and electronic cigarettes
BODY
RECOMMENDATION
Staff recommends that the City Council adopt the attached Ordinance adding Chapter 4.36 "Tobacco Retailers" to the San Leandro Municipal Code to require the licensure of Tobacco Retailers and to regulate the sale of cigars, cigarillos and electronic cigarettes
SUMMARY AND BACKGROUND
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).
Despite state and federal regulations, studies show that underage individuals are still able to gain access to tobacco and electronic cigarette products. Additionally, while regulations exist regarding the flavor and package size of cigarettes, similar regulations do not exist regarding the flavor and package size of electronic cigarettes and cigars.
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