City of San Leandro
1 Tobacco Policy Discussion
January 18, 2022
Existing Tobacco Policy in San Leandro
(adopted in 2017)
2 • Applicability:
The Tobacco Retailers Ordinance
applies to any business that sells:
➢Electronic cigarettes
➢Electronic cigarette products
➢Electronic cigarette paraphernalia
➢Tobacco products
➢Tobacco paraphernalia
Existing City Regulations
3 • General Provisions:
➢All tobacco retailers must obtain both a state and local tobacco retailers license • Includes businesses that sell electronic cigarettes
• Requires retailers to secure a new TRL upon sale or transfer of business (current local fee = $500/year)
• Prohibits sales of all flavored tobacco or nicotine-infused products (except menthol cigarettes) • Cigar Sales:
➢Must be in a package of five Cigars costing at least $7 ➢Exception for “premium cigars” valued in excess of $5
➢Sale of flavored cigars prohibited
• Electronic Cigarette Products:
➢Sale of flavored electronic cigarette products prohibited ✓Includes products without nicotine
Existing City Regulations
4 • Penalties for Violations:
➢1st Violation: Written warning
and thirty days to cure the
violation
➢2nd Violation: $2,500 penalty
➢3rd Violation: License suspended
for 20 days
➢4th Violation: License revoked and
license cannot be issued to
retailer or for the retail location
for three years
Prior Council & Rules Committee direction
5 October 27, 2020 Rules Committee:
Develop new regulations with the following provisions:
• Ban pharmacies from selling tobacco
• Require point-of-sale system at registers for new TRLS ONLY that requires entry of a birth date or scanning of a driver license
• Impose a total cap on the number of TRLs citywide (using a formula based on population), while grandfathering all existing TRL locations • Prohibit new TRLs in proximity to schools
January 19, 2021 City Council meeting Item 14 request:
• Schedule future discussion of menthol cigarette sales ban May 26, 2021 Rules Committee Meeting:
• Schedule a roundtable forum that includes health advocates and retailers July 20, 2021 Tobacco Policy Roundtable Forum
• Forum held
October 27, 2021 Rules Committee Meeting
• Committee votes unanimously to recommend banning menthol cigarette sales effective January 1, 2023
State Context
6 • SB 793 (statewide flavor ban) signed into law in
August 2020
• Referendum filed with Secretary of State
• To appear on November 2022 statewide ballot
• If affirmed by voters, statewide flavor ban will go
into effect
Regional context in Alameda County
7 Cities with full ban on flavored products
• Albany (2019)
• Alameda (2018)
• Berkeley (2019)
• Dublin (2020)
• Fremont (2019)
• Hayward (2020)
• Oakland (2020)
• Pleasanton (2020)
• Livermore (2019)
• Unincorporated area (2020)
Cities without out full ban
• Emeryville
• Piedmont
• San Leandro (2017) *
• Newark
• Union City (2010) *
*TRL with partial restrictions
Rules Committee
Recommendation
8 • Adopt proposed ordinance, which bans
menthol cigarette sales effective January 1,
2022