City of Sacramento header
File #: 2019-00361    Version: 1 Name:
Type: Consent Item Status: Agenda Ready
File created: 3/5/2019 In control: City Council - 2PM
On agenda: 3/12/2019 Final action:
Title: (Pass for Publication) Ordinance Revisions to Chapter 5.138 of Sacramento City Code Relating to Tobacco Retailers
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Title:
Title
(Pass for Publication) Ordinance Revisions to Chapter 5.138 of Sacramento City Code Relating to Tobacco Retailers
End

FileID
File ID: 2019-00361

Location
Location: Citywide

Recommendation:
Recommendation
1) Review an ordinance amending section 5.138 of the City Code relating to Tobacco Retailers; and 2) pass for publication the ordinance title as required by Sacramento Charter section 32(c) to be adopted on March 26, 2019.

Contact: Jose Mendez, Code Enforcement Manager, (916) 808-5947, Community Development Department

Body
Presenter: None

Attachments:
1-Description/Analysis
2-Ordinance (Redline)
3-Ordinance (Clean)




Description/Analysis

Issue Detail: At the July 24, 2018 Law and Legislation Committee session, the Committee instructed staff to prepare an ordinance that will: 1) update Chapter 5.138; 2) adopt a distance requirement between new tobacco retailers; and 3) adopt a prohibition of flavored tobacco products.

The use of tobacco has been a health and safety issue addressed by the City over the past several years. In 2003, the Sacramento County Department of Health and Human Services Tobacco Education Program found that 24.4 percent of tobacco retailers sampled in the City of Sacramento unlawfully sold tobacco products to minors. In 2004, the City adopted Sacramento City Code Chapter 5.138 to regulate tobacco retailers by requiring yearly non-transferrable licenses and conducting regular business compliance inspections, under-age sales sting operations, and license suspension and revocation proceedings. The program is designed to promote compliance with federal, state and local laws regulating tobacco sales and discourage the illegal sale and distribution of tobacco to minors. In 2009, the Family Smoking Prevention and Tobacco Control Act was enacted which prohibits candy and fruit flavored cigarettes, however, a recent study by the California Department of Public Health estimates that 82 percent of tobacco retailers in ...

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