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WHEREAS, there is no Constitutional right to smoke or use electronic smoking devices; and WHEREAS, local governments have broad latitude to regulate activities that are injurious to the public's health and safety. NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: Section 1. Section 15.21 of Article III (Tobacco Retail Permit) of Chapter 15 (Smoking Regulations) of the City Code of Redwood City is hereby amended by adding the text shown in double underline (underline) and deleting the text shown in strikeout (example) to read as follows: Sec. 15.21. - PERMIT REQUIRED: It shall be unlawful for any retailer, individual, or entity to sell or offer for sale any tobacco products without first obtaining and maintaining a valid tobacco retailer's permit from the Environmental Health Division of the San Mateo County Department of Health (the "Environmental Health Division") for each location where such sales are conducted. Permits are valid for one (1) year and shall be renewed annually. Pharmacies, as defined in Section 15.40 of Article V #e may not obtain a tobacco retailer's permit. Section 2. Article VI is hereby added to Chapter 15 (Smoking Regulations) of the City Code of Redwood City to read as follows: ARTICLE VI. — PROHIBITING THE SALE OF FLAVORED TOBACCO, ELECTRONIC CIGARETTES, AND THE SALE OF TOBACCO PRODUCTS IN PHARMACIES Sec. 15.40. — DEFINITIONS. For the purposes of this Article the following definitions shall govern unless the context clearly requires otherwise: CHARACTERIZING FLAVOR means a distinguishable taste, aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a distinguishable taste or aroma or both, as described in the first sentence of this definition that constitutes a characterizing flavor. ATTY/ORD.547/CC ORDINANCE FLAVORED TOBACCO ORD. NO. 2501 REV: 12-01-2021 RL MUFF NO. 301 Page 2 of 5