City Council

THANK YOU FOR YOUR SUPPORT 2 0 2 5 SUMMER READIN G PRO GRAM  TOBACCO RETAILER ORDINANCE PETER GILLI FEBRUARY 11, 2025 COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL AGENDA I. Objective II. Background III. Discussion IV. Recommendation V. Public Comment VI. City Council Questions 2 OBJECTIVE City Council action regarding introducing an ordinance to adopt the San Mateo County Tobacco Retailer regulations by reference and setting a public hearing 3 BACKGROUND 4 BACKGROUND • From 2009 to 2022, San Bruno has used County services for tobacco retailers • San Mateo County Health tobacco retailer program  Licensing  Renewals  Inspections  Monitoring  Enforcement 5 REVISED COUNTY REGULATIONS • 2022 – County placed a hold on new permits and renewals  34 permits at that time • 2023 – County adopted new tobacco retailer regulations  Brisbane, Colma, East Palo Alto, Menlo Park, Millbrae, San Carlos and San Mateo have adopted the County’s regulations 6 REVISED COUNTY REGULATIONS BUFFERS. No new license within: • 1,000 ft. of a youth-populated areas • 500 ft. of another tobacco retailer PROHIBITIONS. Applies to new and existing businesses: • No sales of e-smoking devices • No sales of tobacco products by pharmacies • No sales of flavored tobacco product or enhancer  County includes hookah in the definition of flavored tobacco product 7 New county regulations 24 24 8 DISCUSSION 9 2024 COUNCIL CONSIDERATION • Recommendation to adopt County regulations presented to Council on February 27, 2024 • Council tabled the item to allow time to request the County consider amendments • County was preparing an amendment to allow existing hookah that had maintained all required licensing • County not proceeding with amendment 10 2025 COUNCIL CONSIDERATION Alternatives Advantages Disadvantages No tobacco • Paradise Hookah Lounge can • Negative impact on public health for the retailer remain in business community regulations • Positive public health impact • No fiscal impact on the City Adopt County • Paradise Hookah Lounge would have to budget regulations discontinue hookah sales or close • No impact on other City priorities • Negative fiscal impact on other tobacco retailers due to higher fees and/or the City budget due to general fund subsidy • Expectation that local program Create a local • Reduced public health benefits due to lack of would allow Paradise Hookah program City experience in public health Lounge to remain in business • Duplicative program • Negative short-term impact from diverting staff resources from other City priorities 11 NOTIFICATION • Leading up to February 2024 hearing:  Notice mailed to all Tobacco Retailers with active permits as of 2022 (34)  Staff visited Paradise Hookah Lounge to inform owners of situation and options • Leading up to this hearing:  Notice mailed to all Tobacco Retailers with active permits as of 2022 (34)  Staff e-mailed Paradise Hookah Lounge to inform owners of situation and options 12 IMPACTS Alternatives Fiscal Environmental No tobacco retailer • No impact • No impact regulations • No potential to cause significant effect Adopt County • Minimal impact on the environment – Sections regulations 15061(b)(3) and 15378(b)(5) • Ongoing annual cost of approximately • Impact to be assessed with the Create a local $250,000, with some adoption of the local program – likely program cost recovery from fees no environmental impact but likely some general fund subsidy 13 ADOPTING AN ORDINANCE BY REFERENCE • Typical ordinance process:  Introduce at a public hearing  Adopt • Adopting an ordinance by reference:  Introduce  Adopt at public hearing with additional public notice • If ordinance introduced to adopt County tobacco retailer regulations, then the setting of the public hearing date would have to be March 11, 2025 14 RECOMMENDATION 15 RECOMMENDATION Introduce, read by title only and waive further reading of an ordinance entitled “An Ordinance of the City Council of the City of San Bruno Adopting by Reference Chapter 4.98 of the San Mateo County Ordinance Code (Tobacco Retailer Permit); Repealing and Replacing in its Entirety San Bruno Municipal Code Chapter 6.52 (Tobacco Retailer Permit) in Connection with such Adoption, and Finding the Amendment Exempt from the California Environmental Quality Act” and set public hearing on adoption of ordinance for March 11, 2025. 16 AGENDA I. Objective II. Background III. Discussion IV. Recommendation V. Public Comment VI. City Council Questions 17