Laserfiche WebLink
Mayor Thorne clarified there would not be restrictions on menthol cigarettes in tobacco stores. <br /> Assistant City Attorney Seto noted other communities have tobacco stores, however they are more <br /> limited in what they can sell. They do not prohibit menthol cigarettes. <br /> Mayor Thorne expressed concern that the proposed restrictions would be in conflict with State laws. <br /> Assistant City Attorney Seto reported the proposed SB 793 restricts the sale of flavored tobacco <br /> products however it did not pass in the last legislative session. The State's restrictions would <br /> preempt the City's recommendation and this would be the first preliminary local step. <br /> In response to Councilmember Narum, Assistant City Attorney Seto stated the City Manager would <br /> prepare the administrative process and the City Council would always have discretion over the <br /> comprehensive program. <br /> Councilmember Narum spoke regarding non-conforming uses. Assistant City Attorney Seto stated <br /> the use runs with the land and if there is an abandonment for 90 days, the City would not allow for <br /> the use to reopen. The sites will be able to conduct maintenance and this would not be considered <br /> an abandonment. <br /> Councilmember Narum spoke regarding wholesalers and distributors. Assistant City Attorney Seto <br /> stated they are exempt as they are not making direct retail sales. They are allowed to continue to <br /> sell to other wholesalers and distributors, even if there was an outright ban on these type of <br /> products. <br /> Mayor Thorne clarified the City has no authority to restrict the tobacco industry. <br /> Councilmember Brown referred to an email submitted that proposed ordinance license suspension <br /> or revocation or fines. Assistant City Attorney Seto stated the proposed amendments would <br /> delegate authority to the City Manager to impose penalties, including fines, suspensions, and <br /> revocations. City Manager Fialho stated the intent is to mirror Dublin and Livermore in regard to <br /> warnings, fines, and revocation. This would be the intent of the administrative policy. <br /> Councilmember Brown disagreed with the affluent parents concept. Assistant City Attorney Seto <br /> reported low-priced items serve as an entry level price point for youth and does make it more <br /> available at lower prices. Less availability of lower price point items would mean less exposure to <br /> youth. <br /> Councilmember Brown stated she does not see a finite ending to the restrictions, including the <br /> 1000- foot buffer and grandfathered, tobacco retailers and tobacco stores. Assistant City Attorney <br /> Seto stated that as long as they are selling tobacco legally, the stores are in conformance. <br /> Councilmember Testa inquired as to the recent sting operations. City Manager Fialho stated the <br /> sting operation was a combination of both retailers and tobacco stores. The second sting operation <br /> involved 2 of the 4 tobacco stores, which were the same 2 who had failed previously. <br /> Mayor Thorne opened the public hearing. <br /> Caitlan Dainas expressed her concerns regarding retailers who are targeting children for their <br /> tobacco related products. She provided several examples and spoke regarding the health impacts <br /> of tobacco and vaping by youth. <br /> Rushil Sahai spoke in support of banning vape products and noted his experience with fellow youth <br /> who have become addicted to the products. He expressed support for the proposed ordinance. <br /> City Council Minutes Page 9 of 14 February 18, 2020 <br />