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File #: 19-0307    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 10/1/2019 Final action:
Title: Consider Prohibiting the Retail Sale of Tobacco Products and Electronic Smoking Devices and Paraphernalia (City Manager Moe and City Attorney Barrow). DISCUSS AND PROVIDE DIRECTION
Attachments: 1. Beverly Hills Tobacco Ordinance, 2. Hermosa Beach Tobacco Ordinance, 3. Los Angeles County Public Health Reference Documents, 4. Los Angeles County Flavored Tobacco Ordinance
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Bruce Moe, City Manager
Quinn Barrow, City Attorney
Alexandria Latragna, Management Analyst

SUBJECT:Title
Consider Prohibiting the Retail Sale of Tobacco Products and Electronic Smoking Devices and Paraphernalia (City Manager Moe and City Attorney Barrow).
DISCUSS AND PROVIDE DIRECTION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction on whether to prohibit the retail sale of all tobacco products and electronic smoking devices and paraphernalia in Manhattan Beach.

FISCAL IMPLICATIONS:
There may be fiscal implications as the retail sales permit fees would no longer be a revenue source for the City.

BACKGROUND:
The City of Manhattan Beach has consistently recognized the concerns about public health, safety, and welfare related to tobacco use as well as cigarette litter, and has adopted several measures to address these concerns.

Smoking Activity
On July 28, 2014, the Smoke-Free Public Places ordinance became effective. Under the 2014 ordinance and a second ordinance which passed in 2015, smoking is only permitted in the following locations within the City:

1. Residential properties with two or fewer units, other than those used as a child-care or health-care facility subject to State licensing requirements.
2. In twenty percent of guest rooms in any hotel or motel that meet certain conditions.
3. Within a moving vehicle.

Manhattan Beach Municipal Code (MBMC) Section 4.117.030 prohibits smoking inside any unit or within any outdoor areas of a multi-unit housing property (defined as three or more units).

Tobacco Product Sales
In order to sell tobacco or electronic smoking devices in Manhattan Beach, retailers are required to obtain a valid retailer permit pursuant to Chapter 4.118 of the MBMC adopted in 2016. In addition to minimum age requirement...

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