O 703
ORDINANCE NO. 703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING SECTION 8.36.060 TO
CHAPTER 8.36 OF TITLE 8 OF THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO POSSESSION OF
TOBACCO PRODUCTS BY PERSONS UNDER TWENTY-
ONE
WHEREAS, the City Council of the City of Arroyo Grande (“City”) may, by ordinance,
adopt rules and regulations for the preservation of the public health, safety and welfare;
and
WHEREAS, approximately 480,000 people die in the United States from smoking-related
diseases and exposure to secondhand smoke every year, making tobacco use the
nation's leading cause of preventable death; and
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation
through predatory targeting, as evidenced by the following:
Tobacco companies target young adults ages 18 to 24 to increase their
frequency of tobacco use and encourage their transition to habitual users;
Tobacco industry documents state that if "a man has never smoked by the age
of 18, the odds are three -to -one he never will. By age 24, the odds are twenty -
to -one";
The tobacco industry spends an estimated $ 620 million annually to market
Tobacco products to California residents; and
WHEREAS 5.6 million of today’s Americans who are younger than 18 years of age are
projected to die prematurely from a smoking -related illness; and
WHEREAS, despite the State's efforts to limit youth access to tobacco, youth are still able
to access tobacco products, as evidenced by the following:
Over 67% of current and former adult smokers in California started by the age of
18 and almost 100% started by the age of 26;
From 2013 to 2015, approximately 15% of 9th and 11th grade students in
California reported using electronic smoking devices;
In 2017, 22.8% of high school students in California had tried cigarette smoking;
and
ORDINANCE NO. 703
PAGE 2
WHEREAS, the State of California, in 2016, repealed a law making possession of
Tobacco products by persons under the legal smoking age illegal; and
WHEREAS, California Business and Professions Code Section 22964 expressly
authorizes local jurisdictions to adopt stricter standards than the State with respect to the
legal age to purchase or possess tobacco products; and
WHEREAS, the City believes that prohibiting the possession of tobacco products and
electronic smoking devises by persons under the age of twenty-one will discourage such
persons from using tobacco products including electronic cigarettes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 8.36.060 is hereby added to Chapter 8.36 of Title 8 of the Arroyo
Grande Municipal Code, to read in its entirety as follows:
8.36.060 – Possession of tobacco products by persons under twenty-one.
No person under the age of twenty-one (21) shall purchase, receive, or possess
any tobacco product as that term is defined in Section 8.38.020 of Chapter 8.38, which
includes electronic smoking devices. Any person, upon conviction of this section, shall
pay a fine of seventy-five dollars ($75) or perform thirty (30) hours of community service
work.
SECTION 3. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a 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 passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
ORDINANCE NO. 703
PAGE 3
On motion by Mayor Ray Russom, seconded by Council Member George, and by the
following roll call vote to wit:
AYES: Mayor Ray Russom and Council Members George, Paulding, Storton, Barneich
NOES: None
ABSENT: None
th
the foregoing Ordinance was adopted this 26 day of November, 2019.
ORDINANCE NO. 703
PAGE 4
Orr OF 6 _ -
CAREN RAY - SS i M, MAYOR
ATTEST:
d / / 6dcituoAk
KELLY i ETr ORE, CITY CLERK
APPROVED AS TO CONTENT:
Ilk
,Agifiir.
JAMES A. :E- i r, N, CITY MANAGER
APPROVED AS TO FORM:
G ? 7 ,,
THY
UL. u
TIM THY J. CAR L, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 703 which was introduced at a regular meeting of the
City Council on November 12, 2019; was passed and adopted at a regular
meeting of the City Council on the 26th day of November 2019; 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 27th
day of November 2019.
41(91-14--
KELLY ET RE, CITY CLERK