1 ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ADDING SECTION 9.45.125 (“MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS”) TO ARTICLE I (“REGULATION OF SMOKING”) OF CHAPTER 9.45 (“TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES”) OF THE PLEASANT HILL
MUNICIPAL CODE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, and welfare of their citizens; and
WHEREAS, on February 7, 2022, the City Council of the City of Pleasant Hill adopted Ordinance No. 952 amending Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) of the Pleasant Hill Municipal Code to prohibit the sale of flavored tobacco products and electronic smoking devices; and
WHEREAS, consistent with the provisions enacted by Contra Costa County under Division 445 of the Contra Costa County Code, this Ordinance further amends Chapter 9.45 of the Pleasant Hill Municipal Code to reduce the accessibility and exposure of tobacco products, including cigars, little cigars, and cigarillos, to minors and the public generally by establishing regulations relating to minimum package size for little cigars and cigars; and WHEREAS, the City Council finds that the proposed amendments to Pleasant Hill Municipal Code Chapter 9.45 are necessary for the protection of the public health, safety, and welfare.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. Article I (“Regulation of Smoking”) of Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices) of the Pleasant Hill Municipal Code is hereby amended by adding Section 9.45.125 (“Minimum Package Size for Little Cigars and Cigars”), to read as follows:
9.45.125 Minimum Package Size for Little Cigars and Cigars.
No tobacco retailer may sell to a consumer any of the following:
A. Any little cigar unless it is sold in a package of at least twenty little cigars.
B. Any cigar unless it is sold in a package of at least ten cigars. This subsection does not apply to a cigar that has a price of at least seven dollars and fifty cents ($7.50) per cigar, including all applicable taxes and fees.
Section 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.
The City Council hereby declares that it would have passed this Ordinance and each section, 2 subsection, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 3. Any provision of the Pleasant Hill Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.
Section 4. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because its provisions will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)), and it can be seen with certainty that there is no possibility that the Ordinance will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).
Section 5. This Ordinance shall become effective on January 1, 2023.
Section 6. Within fifteen days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill on the 21st day of March, 2022.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the ______th day of ________________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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MICHAEL G. HARRIS, OD, Mayor
ATTEST:
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DANIELLE K. HABR, City Clerk