San Jose Ca.Gov
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File #: ROGC 19-328    Version: 1
Type: Rules Committee Reviews, Recommendations and Approvals Status: Agenda Ready
File created: 9/12/2019 In control: Joint Meeting for the Rules and Open Government Committee and Committee of the Whole
On agenda: 9/18/2019 Final action:
Title: Flavored Tobacco and E-Cigarettes. (Carrasco)
Attachments: 1. Memorandum, 2. Early Consideration Response Form, 3. Letter from CA Legislature, 9/13/2019, 4. Letter from County of Santa Clara, Office of the Board of Supervisors, 9/13/2019, 5. Letters from the Public


Flavored Tobacco and E-Cigarettes. (Carrasco)


1. Develop an ordinance prohibiting the sale by tobacco retail establishments of electronic cigarettes that require, but have not received, an order from the Food and Drug Administration (FDA) approving their marketing; and prohibiting the sale and distribution to any person in San Jose of flavored tobacco products and electronic cigarettes that require, but have not received, an FDA order approving their marketing.

2. Develop an ordinance that will limit any further overconcentration of tobacco businesses by:

a. Limiting the sale of tobacco products near schools and other youth-sensitive areas or/and;

b. Limiting the sale of tobacco products near existing businesses that sell tobacco product.

3. Remove the tobacco retail license exemption from the San Jose Municipal Code 6.87.210 that allows eighteen and over tobacco retailers to obtain a City license exemption.

4. Support stale and federal legislation to prohibit the sale of e-cigarettes and flavored tobacco products.