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File #: 19-0424    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 11/5/2019 Final action:
Title: Consider Adopting an Urgency Ordinance to Prohibit the Sale of Vape Products and Flavored Tobacco in the City (City Manager Moe and City Attorney Barrow). ADOPT URGENCY ORDINANCE NO. 19-0016-U
Attachments: 1. Urgency Ordinance No. 19-0016-U, 2. Staff Report - October 1, 2019, 3. Legislative Digest
TO:
Honorable Mayor and Members of the City Council

THROUGH:
Bruce Moe, City Manager

FROM:
Quinn Barrow, City Attorney
Alexandria Latragna, Management Analyst

SUBJECT:Title
Consider Adopting an Urgency Ordinance to Prohibit the Sale of Vape Products and Flavored Tobacco in the City (City Manager Moe and City Attorney Barrow).
ADOPT URGENCY ORDINANCE NO. 19-0016-U
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Urgency Ordinance No. 19-0016-U to prohibit the sale of vape products and flavored tobacco in the City.
Body
FISCAL IMPLICATIONS:
There are fiscal implications as the City would no longer receive sales tax revenue. The amount is unknown at this time because sales tax is not tracked at the product level, rather it is reported at the business entity level which may include other un-related products.

BACKGROUND:
On October 1, 2019, City Council directed staff to draft an urgency ordinance to prohibit the sale of vape products and flavored tobacco in the City.

The City of Manhattan Beach has consistently prioritized protecting the health and welfare of its residents and the environment, and has adopted several ordinances regulating the sale of tobacco and smoking in Manhattan Beach. Recognizing the dangers of tobacco and electronic smoking device use, in 2014, the City prohibited smoking in most public places and in all multi-unit residential buildings where there are three or more units, and required businesses selling tobacco or electronic smoking devices to obtain a valid retail sales permit, and prohibited the sale of most flavored tobacco outside of an adult-only establishment.

DISCUSSION:
Tobacco use and exposure to secondhand smoke cause death and disease, and have great social and economic costs. In addition, the United States Food and Drug Administration (FDA) conducted laboratory analysis of electronic cigarette samples and found they containe...

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