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9.A. - Page 20 of 31 <br />File Number: 19-842 <br />appear to be under 21 years of age (Cal. Bus. & Prof. Code, § 22956); and <br />Enactment Number: ORD 1588-2019 <br />WHEREAS, flavored tobacco products, including liquid solutions for electronic smoking devices and <br />traditional flavored products, are commonly sold to young people by California retailers. For example, <br />statewide, California retailers violate the federal prohibition against underage tobacco sales at a rate of <br />19.1%. Convenience stores have a violation rate of 25.3%, while small markets have a rate of 24.8%. <br />WHEREAS, the failure of retailers to comply with tobacco control laws and other smoking laws, <br />particularly laws prohibiting sale to minors, presents an imminent threat to the public health, safety, and <br />welfare of the residents of South San Francisco; and <br />WHEREAS, the City seeks to ensure compliance with state laws relating to tobacco retailing and <br />discourage violations of tobacco -related laws, particularly those that prohibit the sale or distribution of <br />smoking and tobacco products to minors; and <br />WHEREAS, in 2008 the City added Chapter 6.46 "Tobacco Retailer Permit" which adopted by reference <br />and made effective Chapter 4.98 "Tobacco Retailer Permit" of Title 4 of the San Mateo County Code to <br />establish a local licensing system for tobacco retailers and authorize enforcement by San Mateo County <br />personnel as an effective means to ensure that retailers comply with existing tobacco and smoking <br />control laws in order to protect the public health, safety, and welfare; and <br />WHEREAS, in 2012 the City added Chapter 20.420 "Prohibition on New Significant Tobacco Retailers" <br />to preclude the opening, establishment, and/or operation of new significant tobacco retailers in the City; <br />and <br />WHEREAS, in 2018 the County of San Mateo adopted Chapter 4.99 of Title 4 of the San Mateo County <br />Code, entitled "Sales of Flavored Tobacco Products and Pharmacy Sales of Tobacco Products <br />Prohibited", prohibiting the sale of flavored tobacco products; and <br />WHEREAS, the City desires to add Chapter 6.47 "Sales of Flavored Tobacco Products, Pharmacy Sales <br />of Tobacco Products, and Sales of Electronic Smoking Devices Prohibited", which will be modeled after <br />Chapter 4.99 of the San Mateo County Code, to prohibit the sale of flavored tobacco products by any <br />person, tobacco retailer, or pharmacy, as well as authorize enforcement by San Mateo County personnel; <br />and <br />WHEREAS, the City also desires to amend Chapter 20.420 to prohibit the sale of flavored tobacco <br />products and all electronic smoking devices; and <br />WHEREAS, the City further desires to amend Chapter 8.50 to provide internally consistent definitions <br />for electronic smoking devices and regulations of permitted locations for smoking activities; <br />WHEREAS, the Planning Commission of the City of South San Francisco held a duly noticed public <br />hearing on September 5, 2019 to solicit public comment and consider the proposed entitlements and <br />environmental effects of the project, take public testimony, and make a recommendation that the City <br />Council adopt the amendments to Chapter 20.420; and <br />City of South San Francisco Page 2 <br />297 <br />