REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Amend Chapter 9.28 (Regulation of Smoking) of Title 9 (Public Peace, Safety or Welfare) of the Sunnyvale Municipal Code to Prohibit the Sale of Flavored Tobacco Products (Study Issue)
Report
REPORT IN BRIEF
In March 2019, the City Council directed staff to study a prohibition on the sale of flavored tobacco products (Attachment 1), including e-cigarettes, cigars, hookah tobacco, e-liquids, and smokeless tobacco (Study Issue DPS 19-01).
Staff was previously scheduled to present this Report to Council on March 31, 2020; however, it was postponed until October 27, 2020 due to COVID-19. Since then, on August 28, 2020, California passed a law prohibiting the sale of most flavored tobacco products (SB 793). The law is scheduled to take effect on January 1, 2021. However, despite a near complete ban on such products, the new State law explicitly provides that local governments may pass stricter local ordinances.
The state law largely prohibits the sale of flavored tobacco products with three primary exemptions:
1. hookah and shisha products if sold by a licensed tobacco retailer and where entry is limited to those aged 21 and over;
2. premium cigars that are handmade with a tobacco leaf wrapper, with a wholesale price of no less than $12 as well as premium cigars sold in a cigar lounge and consumed on the premises; and
3. loose leaf tobacco, such as for use in pipes, and which is usually sold in pouches (except for tobacco used for roll-your-own cigarettes).
The Santa Clara County Public Health Department (PHD) recommends that local municipalities who wish to prohibit flavored tobacco in their jurisdictions proceed with adoption of a local ordinance to address the exemptions provided under state law and because of a recently filed referendum to SB 793. If the referendum qualifies for the ballot, the state law will be suspended until it is voted on in November 2022.
The purpose of this report is to summa...
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