HomeMy WebLinkAbout6.3 Electronic Cigarettes Regulationsor
19 82
/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
June 17, 2014
Honorable Mayor and City Councilmembers
CITY CLERK
File #560 -90
Christopher L. Foss, City Manager "
PUBLIC HEARING: Ordinance Adding Regulations on Electronic Cigarettes to
the Dublin Municipal Code
Prepared by. Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider amending certain sections of the Dublin Municipal Code to clarify
that electronic smoking devices, which are commonly referred to as e- cigarettes, and their
vaporous byproducts are prohibited, controlled, and /or regulated in the same manner as
tobacco products and smoking pollution.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, and waive the
reading and INTRODUCE an Ordinance amending Chapter 4.40 (Tobacco Retailers), Chapter
5.56 (Smoking Pollution Control), Chapter 8.08 (Definitions), Chapter 8.43 (Tobacco Retailers)
of the Dublin Municipal Code.
Submitted By~
Assistant to the City Manager
DESCRIPTION:
"'� Reviewed By
Assistant City Manager
At the City Council meeting on April 1, 2014, Staff presented a report to the City Council which
highlighted a need for clarity between the various tobacco control ordinances as it relates to
electronic smoking devices (Attachment 1). At that meeting, Staff was directed to prepare an
ordinance amending certain sections within the Dublin Municipal Code (DMC), in particular the
Smoking Pollution Control, Tobacco Retailer, and Zoning sections of the DMC, to ensure that
electronic smoking devices, commonly called e- cigarettes, are prohibited, regulated, and
controlled by the City in the same manner as tobacco products. In response, Staff has prepared
Page 1 of 3 ITEM NO. 6.3
an ordinance (Attachment 2) for the City Council's consideration, which amends the definitions
contained within the aforementioned sections, by inserting a definition for electronic smoking
device and then clarifying that smoking includes the use of said device, defining a tobacco
product to include any and all electronic smoking devices, and declaring that tobacco
paraphernalia includes accompanying products for electronic smoking devices, such as
cartridges, etc.
PROPOSED ORDINACE CHANGES:
The sections below highlight the proposed ordinance changes and provide an overview of the
expected impact.
Chapter 4.40 — Tobacco Retailers
Section Background: Section 4.40 of the DMC requires that all tobacco retailers acquire and
maintain a license from the City in order to sell tobacco products within the City's jurisdictional
boundaries. Electronic smoking devices that contain nicotine are regulated in the same manner
as tobacco products. However, devices that do not contain nicotine are not covered under this
ordinance. If retailers are caught selling nicotine based products to minors, fines or revocation of
the license to sell such products may result.
Ordinance Impact. Adoption of the proposed ordinance would prohibit businesses from selling
non - nicotine based electronic smoking devices to minors.
Chapter 5.56 — Smoking Pollution Control
Section Background: This section of the Code regulates and prohibits smoking at various indoor
and outdoor locations throughout the City such as at parks, apartment housing complexes, City
events, places of employment, dining areas, and locations where people are waiting for a
service (e.g., an ATM). It also declares secondhand smoke a nuisance and allows a private
resident to take legal action to abate such nuisance. Additionally, this chapter prohibits hookah
lounges and requires smokers to maintain a reasonable distance away from entrances, exits,
windows, and vents at locations where smoking is prohibited.
Ordinance Impact: Adoption of the proposed ordinance would ensure that the vapors from
electronic smoking devices are treated the same as secondhand smoke. It would prohibit vaping
in public places including, but not limited to, parks, community events, places of employment,
and smoke -free apartment housing units. The ordinance proposal would also prohibit the
opening of a vapor lounge within the City of Dublin, which is a business establishment solely
focused on using electronic smoking devices. Finally, in areas where secondhand vapor was a
continual problem, residents would be able to seek for an injunction or other legal remedy to
abate the nuisance.
Chapters 8.08 & 8.43 — Zoning Ordinance
Section Background: Certain sections of the Zoning Ordinance regulate the addition of new
Tobacco Retailers within the community by ensuring that new retailers are a certain number of
feet away from areas frequented by youth, such as schools and parks, as well as a required
distance away from other retail tobacco shops.
Page 2 of 3
Ordinance Impact: Adoption of the proposed ordinance would ensure that a retailer, which solely
sells electronic smoking devices, maintains a required distance away from areas frequented by
youth, such as schools and parks, as well as a required distance away from other retail tobacco
shops.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A notice was placed in the Tri- Valley Times on June 7, 2014 notifying the community of the City
Council's consideration of the proposed ordinance.
ATTACHMENTS: 1. Staff Report - April 1, 2014.
2. Ordinance amending the Dublin Municipal Code Chapter 4.40
(Tobacco Retailers), Chapter 5.56 (Smoking Pollution Control),
Chapter 8.08 (Definitions), Chapter 8.43 (Tobacco Retailers) of
the Dublin Municipal Code clarifying that electronic smoking
devices are prohibited, regulated, and controlled by the City of
Dublin in the same manner as tobacco products.
Page 3 of 3
or
19 82
/ii � 111
DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
April 1, 2014
Honorable Mayor and City Councilmembers
CITY CLERK
File #560 -90
Christopher L. Foss, Acting City Manager "
,_
Consideration of Adding Prohibitions on Electronic Cigarettes to the Dublin
Municipal Code
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider amending certain section of the Dublin Municipal Code to clarify
that electronic cigarettes and its vaporous byproducts are prohibited, controlled, and /or
regulated in the same manner as tobacco products and smoking pollution.
FINANCIAL IMPACT:
If the City Council chooses to amend the Dublin Municipal Code for electronic cigarettes, there
will be expenses incurred by the City Attorney's Office.
RECOMMENDATION:
Staff recommends that the City Council direct Staff, by motion, to prepare a municipal code
amendment clarifying in all relevant sections of the Code where tobacco and smoking
regulations are mentioned to ensure electronic cigarettes are included within these Municipal
Code sections.
F _ .
Submitted By-
Assistant to the City Manager
DESCRIPTION:
Reviewed By
Acting Assistant City Manager
At the City Council meeting on February 18, 2014, Vice Mayor Biddle requested that Staff look
at the City's Smoking Pollution Control and Tobacco Retailer sections of the Dublin Municipal
Code (DMC) to determine whether electronic cigarettes (E- cigarettes) are prohibited, regulated,
and controlled by the City in the same manner as tobacco products.
Staff has reviewed the Dublin Municipal Code and found that there are a few areas within the
various ordinances whereby greater consistency between the different sections and clarity
would be helpful in administration and enforcement of the law in reference to E- cigarettes. The
City's Tobacco Retailers Ordinance is the most clear in its inclusion of E- cigarettes. The other
Page 1 of 2 ITEM NO. 8.2
sections of the DMC are less clear on the inclusion of E- cigarettes, and Staff would recommend
amending the language throughout all sections of the Code to explicitly state that E- cigarettes
are prohibited, controlled, and regulated in the same manner as tobacco products, tobacco
retailers, and smoking pollution.
Impact of Including E- cigarettes in Various Sections of the Ordinance
Chapter 4.40 — Tobacco Retailers
Section 4.40 of the DMC requires that all tobacco retailers acquire a license from the City in
order to sell tobacco products within its jurisdictional boundaries. This section's definition of a
tobacco product includes electronic cigarettes, and any other product that is or will be made, as
long as the product contains nicotine. However, Staff understands that there are some E-
cigarette products that do not contain nicotine. While a business could sell E- cigarette products
as long as they do not contain nicotine, Staff believes that this would generally be unlikely as
selling the full range of products would be the most profitable and generally such businesses
would mostly likely also sell regular tobacco products. However, minors would be able to
purchase E- cigarettes from such retailers, as long as they do not contain nicotine, without
penalty under the City ordinance. E- cigarettes are construed to be gateway products leading to
nicotine or even tobacco usage later in life, so controlling them to protect youth would make
sense. Clearly stating that E- cigarettes are covered under all sections of this chapter of the
DMC would remove this and serve to protect the community's youth.
Chapter 5.56 — Smoking Pollution Control
This section of the Code regulates and prohibits smoking at various indoor and outdoor
locations throughout the City such as at parks, apartment housing complexes, City events,
places of employment, dining areas, and locations where people are waiting for a service (e.g.,
an ATM). Additionally, this chapter prohibits hookah lounges and requires smokers to maintain a
reasonable distance away from entrance, exits, windows, and vents from locations where
smoking is prohibited. Further, Staff has been approached from time to time by prospective
business owners about vapor lounges, which are business establishments where patrons would
go to consume E- cigarette vapor. This chapter of the DMC also declares secondhand smoke a
nuisance, and empowers a resident to take legal action to abate this nuisance. Being clear that
E- cigarettes are covered within this section would prohibit their vaporous byproducts from
encroaching on the privacy of other individuals; and, as it does with hookah lounges, would
ensure that vapor lounges are prohibited.
Chapters 8.08 & 8.43 — Zoning Ordinance
Certain sections of the Zoning Ordinance regulate the addition of new Tobacco Retailers within
the community by ensuring that new retailers are a certain amount of feet away from areas
frequented by youth, such as schools and parks, as well as a required distance away from retail
tobacco shops. This section does not prohibit, regulate, or control a retailer that solely sells E-
cigarettes. However, such a store would be required to obtain a Tobacco Retailer License in
order to sell such products if they contain nicotine, which it is likely that a majority of their
products would. Staff would recommend amending this section to ensure consistency with other
portions of the Code and to ensure that a business that seeks to solely sell tobacco products
maintains the desired distance away from areas frequented by youth.
NOTICING REQUIREMENTS /PUBLIC OUTREACH: None.
ATTACHMENTS: None.
Page 2 of 2
ORDINANCE NO. — 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 4.40.020 OF THE DUBLIN MUNICIPAL CODE RELATING TO
TOBACCO RETAILER LICENSING, AMENDING CHAPTER 5.56.040 OF THE
DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL,
AMENDING CHAPTER 8.08.020 OF THE ZONING ORDINANCE, AND AMENDING
CHAPTER 8.43.030 OF THE DUBLIN MUNICIPAL CODE REGULATING THE
LOCATION OF TOBACCO RETAILERS WITHIN THE CITY OF DUBLIN
WHEREAS, the Dublin Municipal Code (the "Code ") regulates the sale of tobacco
products and tobacco paraphernalia within the City of Dublin; and
WHEREAS, the Code, as codified prior to the adoption of this ordinance, regulates
the sale and distribution of electronic cigarettes as a either a Tobacco Product or as
Tobacco Paraphernalia; and
WHEREAS, specifically listing the inclusion of electronic cigarettes within the Code
as either a Tobacco Product or as Tobacco Paraphernalia would assist residents and
businesses in understanding the restrictions regarding electronic cigarettes; and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to ensure
compliance with the business standards and practices of the City and to encourage
responsible retailing of electronic cigarettes and to discourage violations of related laws,
especially those which prohibit or discourage the sale or distribution of nicotine products
to minors, but not to expand or reduce the degree to which the acts regulated by federal
or state law are criminally proscribed or to alter the penalties provided therein.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows-
Section 1. Section 4.40.020 of the Dublin Municipal Code is hereby amended
to read as follows (with additions in italics and deletions in strikethro uivh):
"Arm's length transaction" means a sale in good faith and for valuable consideration that
reflects the fair market value in the open market between two informed and willing
parties, neither of which is under any compulsion to participate in the transaction. A sale
for which a significant purpose is avoiding the effect of the violations of this chapter is
not an arm's length transaction.
"Chief of Police" means the Chief of the Dublin Police Department or his or her
designee.
1
"Electronic smoking device" or "e- cigarette" means an electronic and /or battery -
operated device, the use of which may resemble smoking, which can be used to deliver
an inhaled dose of vapors including nicotine and /or other substances. "Electronic
smoking device" includes any similar device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo,
an electronic pipe, an electronic hookah, a vapor cigarette, or any other product name
or descriptor. "Electronic smoking device" does not include any product specifically
approved by the United States Food and Drug Administration for use in the mitigation,
treatment, or prevention of disease.
"Person" means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
"Proprietor" means a person with an ownership or managerial interest in a business. An
ownership interest shall be deemed to exist when a person has a ten percent (10 %) or
greater interest in the stock, assets, or income of a business other than the sole interest
of security for debt. A managerial interest shall be deemed to exist when a person can
or does have or share ultimate control over the day -to -day operations of a business.
"Self- service display" means the open display or storage of tobacco products or tobacco
paraphernalia in a manner that is physically accessible in any way to the general public
without the assistance of the retailer or employee of the retailer and a direct person -to-
person transfer between the purchaser and the retailer or employee of the retailer. A
vending machine is a form of self - service display.
"Smoking" means 1) possessing a lighted tobacco product, lighted tobacco
paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah
pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco
paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or
cigarette of any kind) or 2) the use of an electronic smoking device.
"Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, electronic smoking device
cartridges, electronic smoking device liquids, and any other item designed for the
smoking, preparation, storing, consumption, or use of tobacco products or electronic
smoking devices.
"Tobacco Product" means any substance containing tobacco leafor is derived from
tobacco, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of
tobacco; any and all electronic smoking devices; and any product containing
synthetically produced nicotine. or formulation of matter Gentain;ng hiGlOgiGally tive
arneunts of niGGtine that is rnanufaGtUred, sold, offered fer sale, or othepNose distributed
with the expeGtatien that the predUGt or matter will be intredUGed onto the hurnan body,
but-"Tobacco Product' does not include any cessation product specifically approved by
the United States Food and Drug Administration for use in treating nicotine or tobacco
dependence.
2
"Tobacco retailer' means any person who sells, offers for sale, or does or offers to
exchange for any form of consideration tobacco, tobacco products or tobacco
paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This
definition is without regard to the quantity of tobacco, tobacco products, or tobacco
paraphernalia sold, offered for sale, exchanged, or offered for exchange.
Section 2. Section 5.56.040 of the Dublin Municipal Code is hereby amended
to read as follows (with additions in italics and deletions in strikethre gh):
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
"Bar" means an area that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the service of food is incidental to
the consumption of beverages and in which persons younger than twenty -one (21)
years of age are at all times excluded.
"Business" means any sole proprietorship, partnership, joint venture, corporation or
other business entity formed for profit- making purposes, including private residences
that are licensed to provide child care, adult care, and other health care related
services, retail establishments where goods or services are sold as well as professional
corporations and other entities where legal, medical, dental, engineering, architectural
or other professional services are delivered.
"City- sponsored event" means an event which the City of Dublin plans, administers,
coordinates, and finances, and which is held upon property owned by the City of Dublin.
"Dining area" means any area containing a counter or table upon which meals are
served or any area designed, established, or regularly used for consuming meals.
"Electronic smoking device" or "e- cigarette" means an electronic and /or battery -
operated device, the use of which may resemble smoking, which can be used to deliver
an inhaled dose of vapors including nicotine and /or other substances. "Electronic
smoking device" includes any similar device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo,
an electronic pipe, an electronic hookah, a vapor cigarette, or any other product name
or descriptor. "Electronic smoking device" does not include any product specifically
approved by the United States Food and Drug Administration for use in the mitigation,
treatment, or prevention of disease.
"Employee" means any person who is employed by any employer or hired as an
independent contractor in consideration for direct or indirect monetary wages or profit,
and any person who volunteers his or her services for a nonprofit entity.
"Employer' means any person, partnership, corporation or nonprofit entity, including a
municipal corporation, who employs the services of one (1) or more persons.
3
"Enclosed" means closed in by a roof and four (4) walls with appropriate openings for
ingress and egress.
"Landlord" means any person who owns real property leased as residential property,
any person who lets residential property, or any person who manages such property,
except that "landlord" does not include sublessors.
"Multi -unit residence" means a premises that contains sixteen (16) or more units for
rent.
"Multi -unit residence common area" means any outdoor area of a multi -unit residence
accessible to and usable by residents of different units, including but not limited to play
areas, common cooking and eating areas, swimming pools, common courtyards, paths
and walkways, and parking areas.
"Nonprofit entity" means any corporation, unincorporated association or other entity
created for charitable, educational, political, social or other similar purposes, the net
proceeds from the operations of which are committed to the promotion of the objects or
purposes of the organization and not to private financial gain. A public agency is not a
nonprofit entity within the meaning of this section.
"Person" means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
"Place of employment" means any area under the control of a public or private employer
that employees may have cause to enter during the normal course of employment,
including, but not limited to, work areas, vehicles, employee lounges and restrooms,
conference rooms and classrooms, cafeterias and hallways, except that a private
residence is not a place of employment unless it is used as a child care or a health care
facility.
"Premises" means a piece of land and any improvements upon it such as is usually
described in a deed, deed of trust or mortgage, and includes legally separate but
contiguous pieces of land that are owned by the same person or by multiple persons
owning and operating the land under common control.
"Public place" means any area in which the public is invited or in which the public is
permitted, including, but not limited to: banks, educational facilities, health facilities,
public transportation facilities, reception areas, restaurants, retail food production and
marketing establishments, retail stores, theaters and waiting rooms.
"Reasonable distance" means a distance that ensures that occupants of an area in
which smoking is prohibited are not exposed to secondhand smoke created by smokers
outside the area. Except as otherwise provided in this chapter, this distance shall be a
minimum of twenty (20) feet unless the application of the twenty (20) foot minimum
would place the smoker in a potentially unsafe location, in which case a "reasonable
distance" shall be a location closer than twenty (20) feet which does not place the
smoker in a potentially unsafe location.
4
"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain,
private or public school cafeteria, and any other eating establishment, organization,
club, boardinghouse or guest house, which gives or offers food for sale to the public,
guests, patrons, members or employees.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco
products and accessories.
"Secondhand smoke" means the tobacco smoke created by burning or carrying any
lighted pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who
engages in smoking.
"Self- service display" means the open display of tobacco products or tobacco
paraphernalia in a manner that is accessible to the general public without the assistance
of the retailer or employee of the retailer.
"Single- family residence" means and includes a detached single - family dwelling
designed or intended for occupancy by one person or by one family.
"Smoking" means: the noncumption of tebaGGe by inhaling, exhaling, burning or narniiniv
any lighted cigar erc garefte of any kind. 1) possessing a lighted tobacco product,
lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted
pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco
product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar,
hookah pipe, or cigarette of any kind) or 2) the use of an electronic smoking device.
"Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, electronic smoking device
cartridges, electronic smoking device liquids, and any other item designed for the
smoking or ingestion of tobacco products or electronic smoking devices.
"Tobacco Product" means any substance containing tobacco leafor is derived from
tobacco, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of
tobacco; any and all electronic smoking devices; and any product containing
synthetically produced nicotine. "Tobacco Product' does not include any cessation
product specifically approved by the United States Food and Drug Administration for
use in treating nicotine or tobacco dependence.
"Tobacco retailer' means any person who sells, offers for sale, or does or offers to
exchange for any form of consideration tobacco, tobacco products, or tobacco
paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This
definition is without regard to the quantity of tobacco, tobacco products, or tobacco
paraphernalia sold, offered for sale, exchanged, or offered for exchange.
"Unit" means: (1) a dwelling space consisting of complete independent living facilities for
one or more persons, including, for example, permanent provisions for living and
5
sleeping, and any private outdoor spaces like balconies and patios; and (2) senior
citizen housing and single room occupancy hotels, as defined in California Health and
Safety Code Section 50519(b)(1), even where lacking private cooking facilities or
private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets
the requirements set forth in California Civil Code Section 1940(b)(2).
"Vending machine" means any electronic or mechanical device or appliance the
operation of which depends upon insertion of money, whether in coin or in paper bill, or
other thing representative of value, which dispenses or releases tobacco products
and /or tobacco accessories.
Section 3. Section F of Chapter 5.56.050 of the Dublin Municipal Code is
hereby added to read as follows:
F. Notwithstanding any other provision of this Chapter, it shall be a violation of this
Chapter to use an electronic smoking device in any place within the City of Dublin
where smoking is prohibited by law.
Section 4. The definition of "Tobacco Retailer" in Section 8.08.020 of the Dublin
Municipal Code is hereby amended to read as follows (with additions in italics and
deletions in strikethro uivh):
Tobacco Retailer. The term Tobacco Retailer shall mean any person or business that
sells, offers for sale, exchanges or offers to exchange for any form of consideration,
tobacco, tobacco products and /or tobacco paraphernalia as those terms are defined in
Chapter 8.43 of the Dublin Municipal Code, and includes, but is not limited to a Retail
Tobacco Shop.
Section 5. Section 8.43.030 of the Dublin Municipal Code is hereby amended
to read as follows (with additions in italics and deletions in strikethro uivh):
The terms used in this Chapter have the meaning set forth below:
"Department" means the Community Development Department.
"Electronic smoking device" or "e- cigarette" means an electronic and /or battery -
operated device, the use of which may resemble smoking, which can be used to deliver
an inhaled dose of vapors including nicotine and /or other substances. "Electronic
smoking device" includes any similar device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo,
an electronic pipe, an electronic hookah, a vapor cigarette, or any other product name
or descriptor. "Electronic smoking device" does not include any product specifically
approved by the United States Food and Drug Administration for use in the mitigation,
treatment, or prevention of disease.
"Person" means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
9
"Retail Tobacco Shop" means a business establishment, the main purpose of which is
the sale of tobacco, tobacco products, or tobacco paraphernalia.
"Smoking" means 1) possessing a lighted tobacco product, lighted tobacco
paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah
pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco
paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or
cigarette of any kind) or 2) the use of an electronic smoking device.
"Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, electronic cigarette cartridges,
electronic cigarette liquids, and any other items designed for the smoking or ingest;^^ ^f
tebaG,.^ ^red GtS preparation, storing, consumption, or use of tobacco products or
electronic smoking devices.
tobaGGE). "Tobacco Product' means any substance that contains tobacco or is derived
from tobacco, including but not limited to cigarettes, cigars, pipe tobacco, hookah
tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation
of tobacco, any and all electronic smoking devices, and any product containing
synthetically produced nicotine. "Tobacco Product' does not include any cessation
product specifically approved by the United States Food and Drug Administration for
use in treating nicotine or tobacco dependence.
"Tobacco Retailer" shall have the meaning ascribed to it in Chapter 8.08 of the Dublin
Municipal Code.
"Tobacco Retailing" shall mean engaging in the activities of a Tobacco Retailer.
Section 6. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Dublin hereby declares that it would have adopted each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that
any one or more other sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases hereof be declared invalid or unenforceable.
Section 7. Effective Date. This Ordinance shall take effect and be enforced
thirty (30) days following its adoption.
Section 8. Posting. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
7
PASSED, APPROVED AND ADOPTED this 17th day of June, 2014.
AYES-
NOES-
ABSENT-
ABSTAIN-
Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
W-311971Y01
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