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Page 2 of 7 <br />City of Redwood City 1017 Middlefield Road, Redwood City, CA. 94063 Tel: 650-780-7000 www.redwoodcity.org <br />The City’s current smoking regulations can be found in Chapter 15 of the Municipal Code. In 2009, the City <br />Council adopted regulations to require tobacco retailers in the City to receive a Tobacco Retail Permit, <br />which would be issued by and enforced by the San Mateo County Office of Environmental Health (SMC <br />Health). SMC Health is the County office responsible for issuing tobacco retailer permits and performing <br />inspections for any tobacco retailer that sells any tobacco products in unincorporated areas and in <br />participating cities. <br />In a March 9, 2020, study session, City Council considered prohibiting the sale of flavored tobacco and <br />electronic cigarettes. Some Councilmembers were interested in an exemption for businesses that offered <br />hookah for on-site consumption, with restrictions such as requiring smoking areas to be restricted to <br />patrons 21+, prohibiting sales for off-site consumption, restricting smoking hours, and prohibiting flavored <br />hookah and considering the legal possibility of prohibiting retail tobacco businesses from operating in <br />close proximity to sensitive receptors. <br />On November 21, 2021, the City Council introduced and on December 20, 2021, adopted Ordinance 2501 <br />that: <br />Prohibited the sale or distribution of flavored tobacco products, with an exemption provided for three <br />businesses that sold flavored tobacco for on-site hookah consumption pursuant to a properly issued <br />San Mateo County tobacco retailer’s permit as of November 22, 2021. This applied to Pasha’s <br />Mediterranean, Rock’n Wraps and The Sandwich Spot. <br />Prohibited the sale or distribution of electronic cigarettes and electronic smoking devices (except for <br />electronic smoking devices used for cannabis consumption). <br />Prohibited the sale or distribution of tobacco products by a pharmacy. <br />Per the City Code at the time of adoption, t SMC Health was to be responsible for issuing the permits and <br />enforcing the ordinance. To help cover the administrative costs of enforcement, tobacco retailers were <br />obligated to pay an annual fee of $174 to the County. <br />State of California Strengthens Regulations on Flavored Tobacco <br />On November 8, 2022, California voters upheld the State law, SB 793, which had been passed in 2020, <br />prohibiting a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering <br />for sale, or possessing with the intent to sell or offer for sale, most flavored tobacco products including <br />flavored e-cigarettes and menthol cigarettes, as well as tobacco product flavor enhancers in retail <br />locations. SB793 made revisions to the California Health and Safety Code section 104559.5, but also carved <br />out exceptions for hookah, as long as the hookah tobacco retailer: <br />1. Has a Tobacco Retailer’s Permit from the California Department of Tax and Fee Administration <br />(Cigarette and Tobacco Products Licensing Act); <br />2. Does not permit any person under 21 years of age to be present or enter the premises at any time <br />3. Operates in accordance with all relevant State and local laws relating to the sale of tobacco products; <br />and <br />4. In the case where consumption of tobacco products is allowed on the premises, operates in <br />accordance with all relevant State and local laws relating to the consumption of tobacco products on <br />9.A. - Page 2 of 7 <br />334