Municipal Code - 2022-01 - Supplement_PDF Supplement_PLE-2022-01-supp-27

9.32.010 274-1 (Pleasanton Supp. No. 27, 1-22) Chapter 9.32 TOBACCO RESTRICTIONS Sections: Article I. Tobacco Restrictions 9.32.010 Legislative findings and declarations. 9.32.020 Definitions. Article II. Flavored Tobacco Restrictions 9.32.030 Prohibition on the sale of flavored tobacco citywide. 9.32.040 Sale of flavored tobacco by wholesalers and distributors. Article III. Electronic Smoking Devices and Related Paraphernalia Restrictions 9.32.050 Prohibition on the sale of electronic smoking devices and related paraphernalia citywide. 9.32.060 Sale of electronic smoking devices and related paraphernalia by wholesalers and distributors. Article IV. Minimum Package Size and Prices for Tobacco Products 9.32.065 Tobacco product pricing and packaging. Article V. Tobacco Retailer Permitting and other Regulations 9.32.070 Tobacco retailer and tobacco store requirements and prohibitions. 9.32.080 Application procedure. 9.32.090 Issuance of tobacco retailer permit—Standards. 9.32.100 Tobacco retailer permit renewal and expiration. 9.32.110 Fees for tobacco retailer permit. 9.32.120 Tobacco retailer permit nontransferable. 9.32.130 Compliance monitoring. 9.32.140 Violation. 9.32.150 Tobacco retailing without a valid permit. 9.32.160 Suspension or revocation of tobacco retailer permit. 9.32.170 Notices. 9.32.180 Hearing and appeal. 9.32.190 Enforcement. 9.32.200 Sale of tobacco products from or self-service displays. 9.32.210 Severability. Article I. Tobacco Restrictions 9.32.010 Legislative findings and declarations. The city council hereby finds and determines that the adoption of this chapter is necessary to the promo- tion of the public health, safety and welfare. Each of the reasons set forth below provides a separate and inde- pendent basis for the council’s adoption of this chapter. A. Substantial scientific evidence supports the causal relationship between using tobacco products and the deadly diseases such as lung cancer, chronic bron- chitis, heart disease, emphysema and other types of can- cer. The Surgeon General of the United States has de- termined that smoking is the leading cause of prevent- able death in this country. B. The Centers for Disease Control and Preven- tion (CDC) reports that cigarette smoking is responsible for more than 480,000 deaths per year in the United States, including more than 41,000 deaths resulting from secondhand smoke exposure. C. The California Department of Public Health (CDPH) Tobacco Control Program reports in Tobacco Facts and Figures 2018 that in California 63.6 percent of current cigarette smokers started by the age of 18, and that the overall tobacco use rate among California high school students is at 13.6 percent. D. Youth under 21 currently have ready access to cigarettes and other tobacco products as a result of noncompliance with existing laws that prohibit the sale of such tobacco products to underage youth, self-service displays of tobacco products in tobacco stores, and see- ing other underage youth with e-cigarettes in public parks or other youth gathering areas. The CDPH reports in its Young Adult Tobacco Purchase Survey 2019 that underage decoys were able to purchase a variety of to- bacco products from many retail locations at a 21.6 per- cent violation rate in Alameda County. E. The free distribution of cigarettes and other tobacco products encourages people to begin smoking and using tobacco products and thereby become ad- dicted to the habit, discourages people from quitting smoking, and tempts those who had quit smoking to begin smoking again. Encouraging smoking and dis- couraging those who are currently smoking from over- coming the habit endangers the public health by leading more people into habits that cause illness and death. F. The compelling purpose and intent of this chapter includes: