3466579v11
1 APPROVED AS TO FORM AND LEGALITY
________________________
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
INTRODUCED BY COUNCIL PRESIDENT KEVIN JENKINS
RESOLUTION IN SUPPORT OF SB 1314 (MENJIVAR) TO SAFEGUARD
PUBLIC HEALTH BY ESTABLISHING ZONING, OPERATIONAL, AND
SALES REGULATIONS ON SMOKE SHOPS
WHEREAS,
(STAKE) Act is intended to reduce youth access to tobacco products through enforcement, licensing, and penalties; and
WHEREAS, existing law authorizes state and local agencies to inspect retailers, assess civil penalties for unlawful sales of tobacco products to persons under 21 years of age, and coordinate enforcement efforts with the California Department of Public Health and the California Department of Tax and Fee Administration (CDTFA); and
WHEREAS, this proposed legislation effective July 1, 2027 would strengthen public health protections by regulating the operation of smoke shops in California, including establishing minimum distance requirements from schools and daycare centers unless a greater local standard is adopted, limiting retail tobacco sales hours to between 6:00 a.m. and 10:00 p.m., authorizing the creation of a dedicated smoke shop licensing category with associated administrative processes and fee structures, prohibiting the possession, storage, or sale of nitrous oxide and related paraphernalia by smoke shops, and expanding enforcement authority to include civil penalties as well as license suspension or revocation for violations of these provisions; and WHEREAS, the legislation further updates statutory references to reflect the transfer of administrative responsibility for the STAKE Act from the State Board of Equalization to the California Department of Tax and Fee Administration consistent with prior state reorganization; and
WHEREAS,the City of Oakland recognizes the importance of reducing youth exposure to tobacco products and emerging inhalant substances and supports strengthened, consistent statewide enforcement mechanisms that complement local regulatory efforts and protect community health and safety; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Oakland hereby endorses the proposed legislation strengthening the STAKE Act and regulating smoke shop operations as described herein; and
BE IT FURTHER RESOLVED that the City Clerk is directed to transmit this resolution support.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES
ABSENT
ABSTENTION
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California