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Home My WebLink AboutOrd. 1455-2012q qq 11 WHEREAS, the City of South San Francisco (''City"') has an overriding interest in planning and regulating the use of 'property within the City. "Implicit in any plan or regulation the City's interest in maintaining the quality of urban Iffe, and the character of the City's neighborhoods. Without stable, well-planned neighborhoods, sections of the City can quickly w 1 1 deteriorate with tragic consequences to, social environmentai and economic ,values '- and, 2 WHEREAS 7 i n Califomia, 17.1% of the adult populations and 7.1% of teenagers cuiT, ently smoke; aid WHEREAS, youth tobacco 'use continues to fise. The prevalence of current cigarette smokin ng hgh school students rose 32% from 1991 to 1997 from 27.5% to 36.4 i I ,g anao i an, d 4 WHEREAS,, while some tobacco retail stores have tituted strong measures aimed preventing youths -fi -om directly purchasing cigarettes, the effectiveness of these measures is ca in doubt by the fact that the vast majority; ofyouths, get their cigarettes through indimct source, Ilike friends or siblings; MI M - I - In California 59.0% of 181- and 19-year-olds and 39.3% of 20- to 24-year-olds were 7 approached to buy tobacco for a minor at least once in the past year., In surveys, almost all youths say that they get their first cigarette from a friend or a sibling,,' and after the first cigarette, fr.tends provide the ninary source of tobacco for p youths ;9 and . . . . . ...... . . . . . . . . . . i A 10% drop in the pc e of cigarettes will result in an approximately 4% increase n adult cigarette consumption (ages 20-74)1, 10 however I it will result in a 6.8% increase in the number of new youth smokers (ages 12-17) and a 13. 1 % increase in total 'youth cigarette consumption,. V MI W M As the pfice of cigarettes, decreases, young adult cigarette consumption (ages 18-24) *11 " 1 12 increase at more than tw*ce the rate of overall consumpt"on. As the pn*c,e of cigarettes decreases, youth cigarette consumption (ages 12-1.7) will 3 increase at three times, rate of overafl, consumption., al 88% of adults who have ever smoked tried their first cigarette by the age of 18, and the average age at which smokers try their first cigarette 1* s 1, 41/2 1; 14 and, 111 IMMARM I i'0 WHEREAS 'the City has a substantial interest in ensunng that any person selfing or exchanging tobacco products should be at least of a legal, age to purchase such, products,, and, Bi- Mil: WHEREAS, the Califomia courts in such cases as Cohen v. Board of SiTervisors,, 40 Cal.3d 277 (19,85), and &avo Vending v, City of Rancho Mrage, '1,6 Cal,.App.4th 383 (1993), -tiv'Ity 'n order to, discourage have affinned, the power of local goverranents to regulate business, ac I I violations of state law-, and Ki Mi A V rIv 001"O.M.111a"D , 1 0 4 WHEREAS,, pursuant to the Cityl police powers authorized 'in Article, X11 Section '7 of the California ConstItution., a,s well as under the City of 'South, San Francisco Municipal Code) the City has the power to regulate permissible an uses throughout the City and 'to, enact, 11[.1111T7 !I'll 1 111411111111 111,111111��l iiiiii�l�illillill III I Mill gmaml " , .110 1 i I l 11111 11 --- I I - 3 - regulations for the preservation of public health safety and weffire of Its residents, an"'I community, and, pursuant to Government Code § 3,8771 the City also has the power through it C4y Council to declaxe actions ana, activities that constitutea ublic nuisance; and P 4) 1 WHEREAS zoning regulations axe necessary to control the location and operation, of the sale or exchange of tobacco products and tobacco paraphernalia for the protection of public, h1ealth, sa&ty and welfke; and 0 "WHEREAS, it i's the intent of the City to discourage violations, of i laws, forbidding distribution of tobacco products to minors, but not to expand or reduce t,he degree to i?Vhich the acts regulated bly state or federal law are criminally prosctibed; and '1 0 WHEREAS the City intends to declare any violation, of this, ordinance to be a pubnc nuisance; and WHEREAS,, violations of thi's ordinance constitute unfair business practices under Business & Professions Code Section, 17200 et s,eq; and WHEREAS 'the proliferation. of establishments that sell or display, tobacco and/or tobacco r i g tems promoting the use of tobacco products, may adversely aMct the City's aty, to attriact and retain businesses and, shoppers, in the City. NOW, THEREFORE, BE IT ORDAINED that, based on the entirety of the Record before it as described, below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: A. The foregoing Recitalis are true and correct and made a pait of this Ordinance. C. The documents and other materi'al constituting the Record fbr these proceeding a located at the Plann"n 1 i I R S re I g D*v'Mon for the C*ty of' outh San Francisco,, 315 MapIe Avenu South San Franci,sco, CA 94080, and in the custody of Chief'Planner, Susy Kalkin. M Title 20 of the South San Francisco Municipal Code is hereby ain ended, to add Chapter 20,42, entitled "P rohibition on Significant Tobacco Retailers" to read in its entirety as, follows,: jr4W IL W 414% Mill 10 0 ----11111131 1 I MO 20.420.001 Purpose and Intent 20.4,20.002 Definitions 20.420.003 Significant Tobacco Retailers Prohibited 20.420.004 Violation and Enforeement 20.420.001 Purpose and Intent. It is the purpose and 'Intent of th Chapter to preclude the opening, establishment, and/or operati,on of new Significant Tobacco Retailers in ffie City. M 20.420.002 Defini t ions:. The words and phrases included in this Section shall have the following meanings, 'unless A I clearly apparent, -from the context that another meaning, i,s intended: i "Tobacco Paraphemialia" means cigarette papers or, wrappers, pipes,, holders of smoking materials of all types, cigarette rolling machmes, and any other item, designed for the smoking or n1gestion, of tobacco products. "Tobacco Products"' means any substance containing any tobacco l,eaf, including but not limited to cigarettes, cigars, bi'd,is', pipe tobacco,, snuff, chewing tobacco, and smokeless tobacco. 20.420-003 Significant Tobacco, Retailers Prohibited. (a) Significant, Tobacco Retailers not a permitted use and are prohibited in all zones throughout the City'. No permit or any other applicable license or, entitlement for use, nor any business license, shall, be approved or issued for the establishment, maintenance or operation of a Significant Tobacco, Retailer within the City. (b) The establishment, maintenance or operat of a Significant Tobacco Retaflel, within the City is declared to be a, public, nuisance and may be abated by the City either pursuant to the South San Francisco Municipal Code or any other availabile legal, remedies,, including but not li'mited, to declaratory reliefand. civil inju,tictions. 20.4,20.004 Violation and Enforcement, SEA ION SEVERABILITY, aq provision of thi's Ordinance or the applIcation thereof to any, person or circumstance is, Y held, invalid or unconstitutional the remainder of this Ordinance incivaing the application of such part or provision to other persons or circumstances shall not be, affected thereby and shall M I If Introduced at a regular ;meeting, oil' the City Council, of the City of South San F, rancisleol ) th held the: 28 day, of March, 20112, by the fbIlowing vote: AYE S: Councilmembers Mark Addliego, KlpM1 Matsu Moto-,I Vice Ma,_ dro Gonzalez and MAypr Richard, Garbarino NOES : Councilmembers Kevin Mullin. ABSTAIN: None ABSENT-., None Adopted as an Ordinance of the City of South Francisco at a regular meeting ot t, le Ci,y uloun i held the 2il day of Apri'l, 2012 by the following, vote: AYES: Councilmembers Mark Addlego, Kgy_,,,Matsumolto,, Vice Mayor Pedro and Maor Richard Garbarino NOES-P, Councilmembers Kevin Mullin ABSTAIN-. None ABSENT,-. None As Mayor of the City of South San Franciscol I do he th Ordinance thi's 25' day of Aprill, 2012., M OOINO"Il 001? eo loll 111 a two Richard A. Gl6rban*no, Mayor