Title
Consider Directing Staff to Draft an Ordinance Requiring the Licensure of Tobacco Retailers, Including a Ban on the Sale of Menthol Cigarettes and Other Flavored Tobacco and Enacting an Annual Fee. (Councilmembers Matarrese and Oddie) [Not heard on December 19, 2017 or January 2, 2018]
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COUNCIL REFERRAL FORM
The Council can take any of the following actions:
1) Take no action.
2) Refer the matter to staff to schedule as a future City Council agenda item.
3) Take dispositive action if sufficiently noticed such that the public and Council have been provided sufficient information by the published agenda, and no formal published notice of a public hearing is required.
Name of Councilmember requesting referral: Councilmembers Matarrese and Oddie
Date of submission to City Clerk (must be submitted before 5:00 p.m. on the Monday two weeks before the Council meeting requested): December 4, 2017
Council Meeting date: December 19, 2017
Brief description of the subject to be printed on the agenda, sufficient to inform the City Council and public of the nature of the referral:
Direct staff to draft an ordinance requiring the licensure of tobacco retailers that will require all businesses selling tobacco products to obtain an annual tobacco retailer license (TRL), enact an annual fee to cover administration and enforcement of the ordinance, include strong fines/sanctions to encourage compliance, including license suspension and revocation, and include provisions that consider violations of federal, state, and other local tobacco control laws as violations of the TRL. The ordinance should also include a ban on the sale of menthol cigarettes and other flavored tobacco.
Staff should also evaluate adding other provisions in the ordinance designed to address the issue of helping prevent youth smoking, including, but not limited to:
• Establishing a minimum pack size for cigars;
• Establishing a minimum sales price for tobacco products;
• Regulating/prohibiting the redemption of tobacco discounts and coupons;
• Limiting the percentage of window coverage at tobacco retail outlets;
• Limiting the establishment of new TRLs within close proximity (to be defined) of child-sensitive areas (potentially using the recently-enacted cannabis regulations as a guide);
• Prohibiting the issuance and renewal of TRLs to pharmacies; and
• Other potential model ordinance provisions provided by ChangeLab Solutions or other tobacco policy groups.
ChangeLab Solutions provides California communities with free technical support on
tobacco control policy issues. Attached are three documents from ChangeLab
Solutions:
• Tobacco Retailer Model Ordinance
• Plug-ins for Tobacco Retailer Licensing Model Ordinance
• TRL “Plug-in” Policy Options Regulating Price
Also attached is a copy of a similar ordinance recently enacted by the City of Oakland.
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