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HomeMy WebLinkAboutO 2025-007 -1- ORDINANCE NO. 2025-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AMENDING SECTIONS 8.36.020 AND 8.36.050 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE SALE OF TOBACCO PRODUCTS WHEREAS, based upon its concerns about the health impacts caused by the use of tobacco products, the City Council of the City of Arroyo Grande has previously adopted Arroyo Grande Municipal Code Chapter 8.36 – Tobacco Products of Title 8; and WHEREAS, the City of Arroyo Grande is committed to protecting and promoting the public health, safety, and welfare of its residents, particularly its youth; and WHEREAS, the use of tobacco products, including electronic cigarettes and vaping products, presents significant and well-documented health risks, including addiction, respiratory diseases, and other adverse health outcomes; and WHEREAS, there has been a dramatic increase in the use of electronic cigarettes and vaping products among youth, both nationally and locally, posing a serious public health concern; and WHEREAS, the availability of flavored electronic cigarettes and vaping products has been identified as a primary factor in attracting minors to initiate and continue the use of these harmful products; and WHEREAS, the City Council finds that prohibiting the retail sale and distribution of electronic cigarettes and vaping products, and strengthening age verification requirements for all tobacco product sales, is a necessary and appropriate measure to curb youth access to and consumption of these products; and WHEREAS, the minimum legal age for the sale of tobacco products, including electronic smoking devices, is twenty-one (21) years of age, and the City Council deems it essential to align its local laws to reflect and reinforce this state standard; and WHEREAS, the City Council finds that these amendments are consistent with the City's community needs and serves a compelling public interest by reducing the prevalence of tobacco and vaping product use among young people and preventing the associated health consequences; and WHEREAS, the City of Arroyo Grande has the authority under its police powers to enact ordinances that protect the health, safety, and welfare of its residents; WHEREAS, on June 10, 2025, the City Council held a duly noticed public hearing and introduced the Ordinance; WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. ORDINANCE NO. 2025-007 PAGE 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Recitals. The recitals above are true and correct and are incorporated herein by reference and adopted as findings by the City Council. SECTION 2. CEQA. The California Environmental Quality Act (“CEQA”) does not apply to the recommended action. This proposed Ordinance is not a “project” subject to the California Environmental Quality Act (“CEQA”) because it has no potential to result in a direct or indirect physical change in the environment (State CEQA Guidelines, §§ 15060 (c)(2) and (3), 15378.) The sole effect of the proposed Ordinance is to amend the Arroyo Grande Municipal Code to limit distribution of electronic cigarettes and vaping products and protect the public health. SECTION 3. Amendment. Chapter 8.36.020, Title 8 of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 8.36.020 Sales to minors. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product as defined by Business and Professions Code Section 22950.5 as such section may be amended from time to time, to an individual without requesting and examining identification establishing the purchaser's age as twenty-one (21) years of age or older. SECTION 4. Amendment. Chapter 8.36.050, Title 8 of the Arroyo Grande Municipal Code is hereby amended to read in its entirety as follows: 8.36.050 Sale and distribution of electronic cigarettes and vaping products. A. Definitions. The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise: "Distribute" or "distribution" means the transfer, by any person other than a com- mon carrier, of an electronic cigarette or vaping project at any point from the place of manufacture or thereafter to the person who sells the electronic cigarette or vaping product to an individual for personal consumption, including, but not limited to, such transfers by licensed tobacco retailers, excluding online transactions. "Electronic cigarette" and "vaping product" shall mean: 1) any product intended for human consumption by inhalation regardless of nicotine content, whether for one- time use or reusable, that relies on vaporization or aerosolization, including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic vaping product delivery pens, hookah pens, and any other similar devices that rely on vaporization or aerosolization; and 2) any component, part, or accessory of a product or device defined in 1 above, including flavored vape juices and liquids used in such devices, even if sold separately. "Electronic cigarette" and ORDINANCE NO. 2025-007 PAGE 3 "vaping product" does not include any product that has been approved by the federal Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose. "New tobacco product" shall have the meaning set forth in 21 U.S.C. § 387j(a)(1), as may be amended from time to time. "Sell," "sale," and "to sell" mean any transaction where, for any consideration, ownership of an electronic cigarette or vaping product is transferred from one person to another, including, but not limited to, any transfer of title or possession for consideration, exchange, or barter, in any manner or by any means, including, but not limited to, such transactions by licensed tobacco retailers, excluding online transactions. In addition, "person" and "tobacco retailer" shall have the meanings defined in Arroyo Grande Municipal Code Section 8.38.020. B. Sale of electronic cigarettes and vaping products prohibited. No person shall sell or distribute an electronic cigarette or vaping product in retail establishments, excluding online, including all non-flavored and flavored vaping products, including mint and menthol, to a person in the City of Arroyo Grande. C. Violations. Persons violating any provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed one thousand ($1,000) dollars or by imprisonment in the county jail for a period not to exceed six months or by both such fine and imprisonment. Any violations of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. In addition to any other penalty authorized by law, violations by licensed tobacco retailers shall also be subject to suspension or revocation of their license in accordance with the provisions of AGMC Section 8.38.110. SECTION 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion 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 this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 7 . Effective Date . This Ordinance shall take effect and be in full force ORDINANCE NO. 2025-007 PAGE 4 and operation thirty (30) days after its final passage and adoption. SECTION 8 . City Clerk’s Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. On motion by Council Member Secrest, seconded by Council Member Loe, and by the following roll call vote to wit: AYES: Council Members Secrest, Loe, Guthrie, Maraviglia, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Ordinance was adopted this 24th day of June, 2025. CAREN RAY RUSSOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, CITY MANAGER APPROVED AS TO FORM: ISAAC ROSEN, CITY ATTORNEY ORDINANCE NO. 2025-007 PAGE 5 OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 2025-007 which was introduced at a regular meeting of the City Council on June 10, 2025; was passed and adopted at a regular meeting of the City Council on the 24th day of June 2025; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of June, 2025. JESSICA MATSON, CITY CLERK