Optional language prohibiting flavored tobacco retailing.
Summary:
Option A: No additional language. Maintain the three state exceptions.
Option B: Complete flavor ban. Eliminate the three state exceptions.
Option C: Remove some, but not all, of the three state exceptions.
Option D: Eliminate the three state exceptions for regular sale, but allow sales for on-site consumption of flavored shisha and cigars at hookah lounges and cigar lounges.
Flavor Option A
No additional language; the three exemptions under state law are permitted. As presented, the proposed ordinance reflects this Option A.
Flavor Option B
A complete flavor ban with no exceptions. Sample section:
5.104.135 Prohibition on Sale of Flavored Tobacco Products.
It is unlawful and a violation of a license for a licensee or his or her agents or employees to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product. It is unlawful for any person to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.
Flavor Option C
Removing some but not all exemptions under state law. Sample section:
5.104.135 Prohibition on Sale of Flavored Tobacco Products.
A. It is unlawful and a violation of a license for a licensee or his or her agents or employees to sell, offer for sale, or possess with the intent to sell or offer for sale, the following flavored tobacco products, whether sold for onsite or offsite consumption:
//// Of the following three state exceptions, only list those exceptions the City is removing ////
1. Any flavored “shisha tobacco product,” as that phrase is defined in section 104559.5 of the California Health and Safety Code, as that section now exists or may hereafter be amended or renumbered.
2. Any flavored “premium cigar,” as that phrase is defined in section 104559.5 of the California Health and Safety Code, as that section now exists or may hereafter be amended or renumbered.
3. Any flavored “loose leaf tobacco,” as that phrase is defined in section 104559.5 of the California Health and Safety Code, as that section now exists or may hereafter be amended or renumbered.
B. The prohibitions listed in subsection A of this section are in addition to all prohibitions on the sale of flavored tobacco products pursuant to state law.
C. It is unlawful for any person to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco products listed in subsection A of this section or those flavored tobacco products prohibited for sale pursuant to state law.
Flavor Option D
Removing the three state exceptions, except for on-site consumption at hookah lounges and cigar lounges.
5.104.135 Prohibition on Sale of Flavored Tobacco Products.
A. It is unlawful and a violation of a license for a licensee or his or her agents or employees to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product. It is unlawful for any person to sell, offer for sale, or possess with the intent to sell or offer for sale, any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.
B. Notwithstanding subsection A of this section, flavored “shisha tobacco product,” as that phrase is defined in section 104559.5 of the California Health and Safety Code, and flavored “premium cigars,” as that phrase is defined in section 104559.5 of the California Health and Safety Code, may be sold by a tobacco retailer exclusively for consumption on-premises if consumption is allowed on the premises of the tobacco retailer in accordance with state and local law, and the tobacco retailer does not permit any person under 21 years of age to be present at, or enter, the premises at any time.
ATTACHMENT B