CC 2019-08-13_09a Introduction of Ordinance Amending Municipal Code_Smoking_PP Presentation
Ordinance Amending Sections of the Municipal Code Related to Smoking and the Regulation of Tobacco Retailers
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Purpose of Amendment
Expand the definition of smoking contained within the Arroyo Grande Municipal Code (AGMC) to specifically include electronic cigarettes and cannabis.
Amend sections of the AGMC regulating the sale of tobacco to reflect changes in State law.
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Existing- AGMC Section 12.20.060-Behavior in Parks
No person using a park shall:
E. Smoke in any passive or active city park, including dedicated public parks, paths, trails, pedestrian bridges, public open spaces and sports facilities. For the purpose of this chapter,
“smoke” or “smoking” means the carrying or holding of a lighted pipe, cigar, cigarette, or any other lighted smoking products, weed, plant, or any other combustible substance. Smoking
includes emitting or exhaling fume of any pipe, cigar, cigarette, or any other lighted smoking equipment used for burning any tobacco product, weed, plant, or any other combustible
substance.
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Proposed- AGMC Section 12.20.060-Behavior in Parks
No person using a park shall:
E. Smoke in any passive or active city park, including dedicated public parks, paths, trails, pedestrian bridges, public open spaces and sports facilities. For the purpose of this chapter,
“smoke” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product, including cannabis and
cannabis products, intended for inhalation, whether natural or synthetic, in any manner or in any form. To “smoke” includes the use of an electric smoking device that creates an aerosol
or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
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Additional Proposed Revision to Definition of Smoking
Section 16.52.050- Arcades: Existing section limited to smoking cigarettes. Proposed revisions expand the definition of smoking to specifically include electronic cigarettes and cannabis.
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State Prohibitions on Smoking
State law prohibits smoking in the following locations:
Within 20 feet of main entrances, exits and operable windows of public buildings
Within playgrounds or youth sports facilities
Work places including bars and restaurants with certain exceptions)
Day care facilities
Cars when a child is present
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State Prohibitions on Cannabis Products
State law prohibits the smoking or ingestion of cannabis or cannabis products in all public places and wherever smoking tobacco is prohibited.
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Proposed Revisions to Comply with State Law
2016 State law raised minimum smoking age from 18 to 21.
AGMC Section 8.36.010- Posting of Signs
AGMC Section 8.36.020- Sales to Minors
AGMC Section 8.38.020- Definitions
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Recommendation
Introduce the Ordinance amending sections of the Arroyo Grande Municipal Code relating to smoking and the regulation of tobacco retailers.
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