HomeMy WebLinkAboutStaff Report 11435
City of Palo Alto (ID # 11435)
City Council Staff Report
Report Type: Action Items Meeting Date: 6/16/2020
City of Palo Alto Page 1
Summary Title: Adoption of Tobacco Retail Permit Ordinance
Title: Adoption of Amendments to the City of Palo Alto Tobacco Retailer
Permit Ordinance (PAMC Chapter 4.64) to Further Restrict Electronic
Cigarette Products and Flavored Tobacco Products (Continued From June 8,
2020)
From: City Manager
Lead Department: Public Works
Recommendation
Per Council direction at the May 18, 2020 Council meeting, staff recommends that Council
adopt revisions to Chapter 4.64 of the Palo Alto Municipal Code (Attachment A) to mirror the
Santa Clara County Department of Health Tobacco Permit Ordinance, which will further restrict
sales of flavored tobacco and electronic cigarette products.
Background
At the December 9, 2019 Council meeting, Council directed staff to adopt an ordinance
prohibiting the sale and distribution of all electronic cigarettes and flavored tobacco products,
in alignment with the County of Santa Clara’s recent approach, with as few exemptions as
possible (Colleagues’ Memo From Council Members Cormack, Fine, and Tanaka Regarding Anti-
Vaping Measures, December 9, 2019). Following a stakeholder engagement process with
affected businesses, staff returned with a proposed ordinance, which mirrored the Santa Clara
County ordinance, but which proposed an exemption for adult-only stores (those which serve
customers only age 21 and older) because of the severe financial impact and potential closure
of five retailers in Palo Alto (Staff Report #11005, May 4, 2020). The proposed ordinance was at
first scheduled as a Consent Item but was rescheduled as an Action Item for Council discussion
at the May 18 Council meeting. Subsequently, a staff memo and additional ordinance
adjustments reflecting public feedback received after May 4 were presented for Council
consideration (Memo to Staff Report #11332).
At the May 18, 2020 meeting, Council reviewed the proposed ordinance and directed staff to
return with ordinance revisions that mirror the Santa Clara County ordinance requirements.
The attached proposed ordinance (Attachment A) mirrors the Santa Clara County ordinance
requirements.
City of Palo Alto Page 2
Stakeholder Engagement
Stakeholder engagement to affected businesses was conducted and is discussed in Staff Report
#11005. In addition, staff attended several public meetings and met with community members
to hear concerns about youth vaping. A summary of stakeholder input is summarized in Memo
to Staff Report #11332 (Attachment A–Summary of Major Public Comments About Palo Alto’s
Proposed Tobacco Retail Permit Ordinance).
Environmental Review
This proposed ordinance would not be subject to environmental review under the California
Environmental Quality Act (CEQA) because it does not cause a direct physical change in the
environment or a reasonably foreseeable indirect change in the physical environment.
Attachments:
• Attachment A - Ordinance Amending Chapter 4.64 of the Municipal Code to Adopt the
County's Tobacco Retailer Permit Ordinance