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ATTY/ORD.0002/CC ORD AMENDING MUNI CODE CH.15 (TOBACCO RETAIL PERMIT) REV: 04-21-26 VR Page 2 of 13 unduly burden legitimate business activities of retailers of tobacco to sell cigarettes on a retail basis; and WHEREAS, on December 20, 2021, the City Council adopted Ordinance 2501 to prohibit the sale of flavored tobacco and electronic cigarettes and the sale of tobacco products in pharmacies, finding that 81% of youth who had ever used a tobacco product reported that the first product they had tried was flavored, electronic smoking device usage by youth was the most commonly used tobacco product, and pharmacies selling tobacco products reinforced positive social perceptions of smoking; and WHEREAS, on May 23, 2023, the County of San Mateo (County) adopted Ordinance 4878, codified at Chapter 4.98 of the San Mateo County Ordinance Code (SMCOC), finding that strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales and that a stronger local licensing system for tobacco retailers was appropriate to ensure that retailers comply with tobacco control laws and business standards in order to protect the health, safety, and welfare of its residents; and WHEREAS, pursuant to SMCOC Chapter 4.98, to ensure County Health has the authority and ability to efficiently enforce a uniform regulatory scheme across all jurisdictions, cities that want County Health to administer the tobacco retailer permit within their jurisdiction must pass an ordinance adopting Chapter 4.98 of the San Mateo County Ordinance Code either in its entirety by reference, or verbatim with no changes or additions, and authorize the County to administer and enforce the ordinance; and WHEREAS, the City Council desires to amend Redwood City Municipal Code Chapter 15, Article III, to adopt by reference Title 4, Chapter 4.98 of the San Mateo County Ordinance Code, and to authorize the Chief of San Mateo County Health, or designee, to administer and enforce, on behalf of the City, the provisions of SMCOC Chapter 4.98 of Title 4; and WHEREAS, SMCOC Chapter 4.98 increases fines, mandates a fine for all violations, mandates permit suspensions for multiple violations of sales to underage youth, and mandates two unannounced inspections by County Environmental Health Services staff per year; and WHEREAS, City adoption of SMCOC Chapter 4.98 by reference authorizes the County to enforce SMCOC Chapter 4.98 in the City, including authorization to suspend a tobacco retailer permit and/or impose administrative fines following enumerated procedures and amounts; and WHEREAS, administrative fines range from up to $500 for the first violation within a 60-month period and up to $1,000 for each subsequent violation within a 60-month period; and