San Pablo header
File #: #19-081    Version: 1 Name:
Type: RESOLUTIONS Status: Passed
File created: 2/19/2019 In control: City Council
On agenda: 3/4/2019 Final action: 3/5/2019
Title: CITY COUNCIL AUTHORIZATION BY MINUTE ORDER TO EXECUTE A LETTER OF SUPPORT ON THE PROPOSED STATE-WIDE LEGISLATION SB 38 AND SB 39 (HILL) WHICH REGULATE ACCESS TO TOBACCO PRODUCTS ONLINE AND BY MAIL AND PROHIBITS STATE-WIDE THE SALE OF FLAVORED TOBACCO PRODUCTS
Attachments: 1. SB 38 Legislation (Introduced 12/3/18), 2. SB 39 Legislation (introduced 12/3/18), 3. Letter from Skinner SB 38 and 39 Hill, 4. Draft Letter of Support SB 38 and 39 HILL 022019
PREPARED BY: MATT RODRIGUEZ DATE OF MEETING: 03/04/19
SUBJECT:
TITLE
CITY COUNCIL AUTHORIZATION BY MINUTE ORDER TO EXECUTE A LETTER OF SUPPORT ON THE PROPOSED STATE-WIDE LEGISLATION SB 38 AND SB 39 (HILL) WHICH REGULATE ACCESS TO TOBACCO PRODUCTS ONLINE AND BY MAIL AND PROHIBITS STATE-WIDE THE SALE OF FLAVORED TOBACCO PRODUCTS

Label
CITY MANAGER RECOMMENDATION
Recommendation
Authorize by Minute Order

BODY
COMPLIANCE STATEMENTS
FY 2018-2021 Council Priority Workplan Compliance Statement
Flavored Tobacco Ban Ordinance is an adopted policy item under the FY 2018-2021 Council Adopted Workplan, effective November 1, 2017

CEQA Compliance Statement
This is not a project as defined by CEQA.

BACKGROUND
On December 17, 2018, the San Pablo City Council adopted an ordinance which placed a city-wide ban on the sale of flavored tobacco products, including menthol and flavored e-cigarette products. The newly adopted ordinance becomes effective 90 days from adoption on March 17, 2019 to allow time for local retailers and smoke shops in San Pablo to comply with the new ordinance, and to enable these retailers to reduce and eliminate their existing tobacco inventory.

Introduced State Legislation - SB 38 and SB 39 (Hill)
On December 3, 2018, State Senator Jerry Hill (13th District) introduced two State bills that propose to regulate flavored tobacco state-wide, as follows:

1) Senate Bill 38 (Hill): Proposes to prohibit the sale of flavored tobacco products in retail stores and vending machines: and

2) Senate Bill 39 (Hill): Proposes to impose new age verification requirements for tobacco products sold on-line or through the mail.

Copies of the two State bills introduced on December 3, 2018 are attached to this agenda report for City Council review and consideration (See Attachments). As of January 16, 2019, both SB 38 and SB 39 have been referred to the State Senate Committee on Health for further review and action. State Senator Nancy Skinner (9th Dis...

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