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File #: #18-373    Version: 1 Name:
Type: ORDINANCES Status: Consent Calendar
File created: 10/23/2018 In control: City Council
On agenda: 11/5/2018 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING CHAPTER 5.06 OF THE SAN PABLO MUNICIPAL CODE RELATING TO THE CITYWIDE PROHIBITION OF THE SALES OF FLAVORED TOBACCO INCLUDING MENTHOL AND E-CIGARETTES; ESTABLISHING A MINIMUM PACK SIZE FOR CIGARS, CIGARILLOS, AND LITTLE CIGARS; AND ESTABLISHING A MINIMUM PRICE FOR CIGARS OF $10 PER CIGAR
Attachments: 1. ORD 2018-### Prohibit Flavored tobacco products, 2. Attachment A - San Pablo Tobacco 2016 Within 1000 Feet of Schools, 3. Attachment B - 080618 Approved CC Meeting Minutes, 4. FlavoredTobaccoProductsOrdinance_FINAL_DefinitionUpdate_201808, 5. AFF (PLAN1807-0012) Oct. 26
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PREPARED BY: ELIZABETH DUNN DATE OF MEETING: 11/05/18
SUBJECT:
TITLE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING CHAPTER 5.06 OF THE SAN PABLO MUNICIPAL CODE RELATING TO THE CITYWIDE PROHIBITION OF THE SALES OF FLAVORED TOBACCO INCLUDING MENTHOL AND E-CIGARETTES; ESTABLISHING A MINIMUM PACK SIZE FOR CIGARS, CIGARILLOS, AND LITTLE CIGARS; AND ESTABLISHING A MINIMUM PRICE FOR CIGARS OF $10 PER CIGAR

Label
CITY MANAGER RECOMMENDATION
Recommendation
Waive first reading; introduce Ordinance

BODY
COMPLIANCE STATEMENTS
FY 2018-2021 Council Priority Workplan Compliance Statement
Reduce promotion of unhealthy tobacco products to youth, such as prohibiting the sale of flavored tobacco products, and the number of stores that seek these products near San Pablo schools is an adopted policy or program under the FY 2018-21 Council Priority Workplan, effective November 1, 2017, and as adopted by the City Council by Resolution 2018-024 on February 20, 2018.

CEQA Compliance Statement
Pursuant to the California Environmental Quality Act, the proposed ordinance is categorically exempt based on Section 15321, Enforcement Actions by Regulatory Agencies. Class 21 consists of: (a) Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. Additionally, Section 15268(b)(2), Ministerial Projects, also applies, as the issuance of a business license is seen as a ministerial act by a City.

BACKGROUND
The issue of regulating the sale of flavored tobacco citywide began in early 2018, when at its February 20, 2018 regular meeting, the San Pablo City Council adopted Resolution 2018-024 which added the following policy to the FY 2018-2021 Council Priority Workplan:

POLICY AREA: SERVICES FOR FAMILIES, SENIORS AND YOUTH
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