TITLE
Recommendation to request City Attorney to prepare an ordinance (1) amending Chapter 5.81 of the Long Beach Municipal Code (“Tobacco Retail Permit”) to prohibit the sale of all flavored tobacco products, except for those products sold at hookah lounges and premium cigars under certain conditions, within the City, and (2) repeal Chapter 5.94 of the Long Beach Municipal Code (“Sale of Certain Flavored Tobacco Products”) temporarily prohibiting the sale of certain flavored tobacco products within the City of Long Beach. (Citywide)
DISCUSSION
On December 3, 2019, the City Council adopted Chapter 5.94 of the Long Beach Municipal Code (LBMC) prohibiting the sale of certain flavored tobacco products, including flavored cigarillos, flavored electronic smoking devices, flavored electronic smoking device fluid, and menthol cigarettes. As of January 4, 2021, LBMC Chapter 5.94 has expired.
In August 2020, the California legislature passed Senate Bill 793 (SB 793) to ban the sale of flavored tobacco products statewide. The ban prohibits the sale of all flavored tobacco products in California with the exemption of hookah and premium cigars under certain conditions. SB 793 is a more comprehensive ban than the temporary ban implemented in Long Beach, covering a wider array of flavored tobacco products such as flavored smokeless tobacco products.
SB 793 was slated for implementation starting January 1, 2021. However, implementation has been postponed pending the outcome of a referendum slated for the 2022 statewide election. Pending the outcome of the referendum for SB 793, the City’s Department of Health and Human Services (Health Department) strongly recommends that the City Council takes immediate action to adopt a permanent prohibition of the sale of all flavored tobacco products in the City except for hookah lounges and premium cigars under certain conditions, as outlined in SB 793, to protect the public health of our community.
The Health Department recom...
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