| | | | | | | | Agenda Item - 7.d.
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
| To: | Lisa L. Kim
| From: | Niki Wetzel
| | Dept.: | City Manager
| Dept.: | Community Development
| | Subject: | Introduction and first reading of an Ordinance amending the Municipal Code pertaining to the regulation of the sale of tobacco products | Date: | 11/14/2023 |
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| | | | | | | | OBJECTIVE
For the City Council to introduce for first reading and pass to second reading and adoption an Ordinance amending Chapter 6.44 of Title 6 of the Garden Grove Municipal Code pertaining to the regulation of the sale of tobacco products, including flavored tobacco. |
| | | | | | | | BACKGROUND
Conventional tobacco products that include cigars and hookah are also sold in flavors (such as menthol and wintergreen) that can appeal to youths and young adults and influence tobacco initiation and continued use. Despite local, State, and federal efforts to limit youth access to tobacco, flavored tobacco and vaping products, minors are still able to access these products.
The State Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, with various tobacco control laws including: the prohibition against the sale or furnishing of tobacco products and smoking paraphernalia to minors (Cal. Pen. Code, § 308); the sale or furnishing of vaping products to minors (Cal. Health & Safety Code, § 119405); and the sale of loose or single cigarettes. In 2016, the State amended the Stop Tobacco Access to Kids Enforcement (STAKE) Act to prohibit the sale of tobacco and restricts its access to anyone under 21 years of age. This law further requires tobacco retailers to check the identification of tobacco purchasers who appear to be under 21 years of age, and requires notices to be posted on or around tobacco products (Cal. Bus. & Prof. Code, § 22956); and in August 2020, the California Legislature adopted Senate Bill 793 to prohibit the sale of most flavored tobacco products (codified at Cal. Health & Safety Code, §104559.5).
State law permits local jurisdictions to adopt ordinances that impose greater restrictions on the access to tobacco products than the restrictions imposed by State law (Cal. Bus. & Prof. Code, § 22964 and Cal. Health & Safety Code, §104559.5(g)). |
| | | | | | | | DISCUSSION
Chapter 6.44 of the Garden Grove Municipal Code pertaining to the regulation of the sale of tobacco products was last amended in 2011. Staff recommends that the City Council introduce the attached Ordinance to amend Chapter 6.44 concerning tobacco sales, particularly to expressly prohibit the sale of tobacco products to persons under 21 years of age, the sale of tobacco products through vending machines, and the sale of flavored tobacco products. The ordinance will make the City’s regulations to be consistent with the latest changes to State law.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed Ordinance is exempt from the California Environmental Quality Act (“CEQA”), Cal. Pub. Resources Code Section 21000 et seq. pursuant to Section 15061 of the State CEQA Guidelines (Cal. Code of Regs., Title 14, Section § 15061(b)(3)) because it can be seen with certainty that adoption of the proposed Ordinance will not have a significant effect on the environment. Therefore, staff recommends that the City Council determine that the Ordinance is exempt from CEQA. |
| | | | | | | | RECOMMENDATION
It is recommended that the City Council:
- Introduce the Ordinance amending Chapter 6.44 of Title 6 of the Garden Grove Municipal Code pertaining to the regulation of the sale of tobacco products, including flavored tobacco; and
- Determine that the Ordinance is exempt from the California Environmental Quality Act.
By: David Dent, Deputy Director
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