DAWN MCINTOSH
City Attorney
OFFICE OF THE CITY ATTORNEY
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
(562) 570-2200
Facsimile: (562) 436-1579
March 14, 2023
HONORABLE MAYOR AND CITY COUNCIL
City of Long Beach
California
RECOMMENDATION:
ORD-17
GARY J. ANDERSON
Assistant City Attorney
Declare ordinance amending the Long Beach Municipal Code by repealing Section 5.81.070(F) related to prohibiting the sale of flavored tobacco products, read the first time and laid over to the next regular meeting of the City Council for final reading. (Citywide)
DISCUSSION
This office has prepared and submits the above described Ordinance for your consideration.
Effective January 1, 2023, Senate Bill 793 (SB 973) imposed a statewide ban on the sale of most flavored tobacco products. By its own terms, Long Beach Municipal Code section (LBMC) 5.81.070(F) became inoperative and was repealed once SB 973's Statewide prohibition on the sale of flavored tobacco products took effect on January 1, 2023. For this reason, this Ordinance formally repeals said section from the Municipal Code.
Long Beach Health and Human Services will enforce the Statewide flavored tobacco ban through its Tobacco Retail Enforcement Program. Under LBMC Ch.
5.81, a violation of any federal, state, or local tobacco control law may result in a suspension or revocation of the businesses' tobacco retail permit.
March 14, 2023
SUGGESTED ACTION:
Approve recommendation.
TMA:kad A23-00638 [03-3-23]
Very truly yours,
DAWN MCINTOSH, City Attorney
By +-
Taylor M. Anderson
Deputy City Attorney
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17 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY REPEALING SECTION 5.81.070(F),
RELATING TO A PROHIBITION ON THE SALE OF
FLA VO RED TOBACCO PRODUCTS
WHEREAS, effective January 1, 2023, Senate Bill 793 (SB 973) imposed a statewide ban on the sale of most flavored tobacco products; and WHEREAS, by its own terms, Long Beach Municipal Code section
5.81.070(F) become inoperative and was repealed on the effective date of SB 973's Statewide prohibition on the sale of flavored tobacco products; and WHEREAS, as Long Beach Municipal Code Section 5.81.070(F) became inoperative and was repealed once SB 973's Statewide prohibition on the sale of flavored tobacco products took effect on January 1, 2023, this Ordinance formally repeals said section from the Municipal Code;
18 NOW, THEREFORE, the City Council of the City of Long Beach ordains as 19 follows:
20 Section 1. Section 5.81.070(F) of the Long Beach Municipal Code is 21 hereby repealed.
22 23 Section 2. The City Clerk shall certify to the passage of this ordinance by 24 City Council and cause it to be posted in three (3) conspicuous places in the City of Long 25 Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor. 26 Ill
27 Ill
28 Ill
1 TMA:kd A23-00638 (03-03-2023}
01495464.docx
1 I hereby certify that the foregoing ordinance was adopted by the City Council 2 of the City of Long Beach at its meeting of ___________ , 2023, by the 3 following vote:
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Noes:
Absent:
Recusal(s):
Approved:
TMA:kd A23-00638 (03-03-2023)
01495464.docx
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
City Clerk
(Date) Mayor
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