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ORDINANCE NO. 2209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING MUNICIPAL CODE CHAPTER 9.32 TO ADOPT TOBACCO RETAILER PERMITTING REQUIREMENTS WHEREAS, the California Department of Public Health Tobacco Control Program reports in its Young Adult Tobacco Purchase Survey 2019 that underage decoys were able to purchase the following tobacco products from retail locations at this frequency: e-cigarettes and e-liquids = 16.9%; cigarettes = 17.5%; cigars, little cigars/cigarillos, or wraps = 33.3%; at these store types: pharmacies = 3.5%; supermarkets 8.9%; vape shops = 13.4%; gas stations = 14.5%; liquor stores = 15%; convenience stores = 15.5%; tobacco stores/smoke shops = 30.6%; and restaurant/cafe/donut shop = 43.2%; and WHEREAS, communities which have adopted tobacco retailer permitting or licensing requirements have data that demonstrates that tobacco retailers and tobacco stores subject to such permitting better comply with requirements to sell only to persons 21 and older and with local tobacco restrictions; and WHEREAS, it is in the community's public health and safety interest to reduce underage use of tobacco products, in particular by enforcing federal, state and local tobacco sales restrictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Finds that the amendment to the Municipal Code has no possibility to have a significant effect on the environment per Title 14 California Code of Regulations §15061(b)(3) as it only subjects tobacco retailers and tobacco stores to obtain a regulatory permit and be subject to an inspection requirement. Section 2. Finds that this amendment to the Municipal Code conforms with the following provisions of the General Plan's Public Facilities and Community Programs Element regarding Human Services: • Goal 9: Promote a healthy community and a strong community support system. • Program 24.1: Support the Youth Commission in its study of youth needs in Pleasanton. Section 3. Amends Municipal Code Chapter 9.32 Tobacco Restrictions to add Article V as set forth in the attached Exhibit A. Section 4. A summary of this ordinance shall be published once within fifteen (15 days after its adoption in "The Valley Times", a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption. Section 5. This ordinance shall be effective thirty (30) days after its passage and adoption; but the tobacco retailer permitting requirement shall not be enforced until January 1, 2021.