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File #: 21-321    Version: 1 Name:
Type: Consent Calendar Status: Passed
File created: 2/12/2021 In control: Council and Authorities Concurrent Meeting
On agenda: 2/23/2021 Final action: 2/23/2021
Title: Adoption of Ordinance No. 2029 Repealing Section 8.35.130 ("Possession of Tobacco by Persons Under 21 Years of Age")
Attachments: 1. Ordinance No. 2029, 2. ORDINANCE NO. 2029.pdf
REPORT TO COUNCIL
SUBJECT
Title
Adoption of Ordinance No. 2029 Repealing Section 8.35.130 ("Possession of Tobacco by Persons Under 21 Years of Age")

Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At the February 9, 2021 Council meeting, proposed Ordinance No. 2029 was introduced and passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2029 was published by The Weekly on February 17, 2020, and copies were posted in three public places. The Ordinance now comes to Council for final adoption.

DISCUSSION

The proposed ordinance would repeal 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 Police Department (Department) conducted a review of citation data related to Section 8.35.130 in the first year of implementation; which revealed only one instance in which Section 8.35.130 of the Ordinance was applied. The Department revisited the County Coalition Steering Committee and NAACP's concerns regarding the provision; and the need for more equitable policies and have recommended the repeal of this ordinance.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no fiscal impact associated with this acti...

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