REPORT TO COUNCIL
SUBJECT
Title
Action on the Introduction of an Ordinance Repealing Section 8.35.130 ("Possession of Tobacco by Persons Under 21 Years of Age")
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On February 5, 2019, Council adopted Smoking and Tobacco Regulations Ordinance No. 1996 (Ordinance) (Attachment 1) to expand smoking restrictions in open air dining areas; public parks; service areas; public places when being used for public events; multi-unit residences; within 30 feet of any operable doorway, window opening, or vent into an enclosed area; and within 30 feet from any unenclosed areas. These regulations aim to protect Santa Clara residents, employees and visitors from the harmful effects of secondhand smoke.
Staff conducted extensive community outreach, to solicit input from the community and stakeholders through Open City Hall on-line surveys; community outreach meetings; and Parks & Recreation Commission meetings. The vast majority of survey respondents and community meeting participants supported the proposed changes to the Ordinance; however, several organizations expressed concern regarding Section 8.35.130 "Possession of Tobacco by Persons Under 21 years of Age".
Section 8.35.130, "Possession of Tobacco by Persons Under 21 Years of Age":
It shall be unlawful for persons under the age of twenty-one (21) years to
possess tobacco or tobacco products (including electronic smoking devices and
e-liquids whether or not they contain nicotine or tobacco), as defined in Penal
Code ?308 and Business and Professions Code ?22950.5, in the City of Santa Clara. This section shall not apply to active duty military personnel of at least 18 years of age.
The addition of this section was a recommendation by the Police Department due to California Senate Bill 7 (Bill), which took effect June 9, 2016. Under the law, the age to purchase tobacco products increased from 18 to 21 for everyone except active du...
Click here for full text