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Flavored Tobacco <br />March 1, 2022 <br />Page 5 <br />2 <br />4 <br />7 <br />7 <br />“Tobacco product” does not include drugs, devices, or combination products authorized <br />for sale by the U.S. Food and Drug Administration, as those terms are defined in the <br />Federal Food, Drug, and Cosmetic Act. <br />Option 2: Adopt urgency ordinance banning the sale of flavored tobacco products <br />but exempting hookah for cultural reasons and choose whether to use the SB 793 <br />definition of tobacco product or the American Lung Association definition of <br />tobacco product. <br />Option 2 is to adopt an urgency ordinance banning the sale of flavored tobacco products <br />but exempting hookah for cultural reasons. Option 2 allows the City Council to choose <br />between the two definitions of “tobacco product” noted above in Option 1. Option 2 <br />including either definition of “tobacco product” would closely mirror state law (SB 793). As <br />a result, Option 2 includes a provision repealing the ordinance by operation of law if SB <br />793 goes into effect. <br />Option 3: Consider whether to direct staff to prepare an ordinance applying certain <br />enforcement or security options currently utilized for cannabis businesses to <br />tobacco retailers. <br />At the December 21, 2021 City Council meeting, a majority of councilmembers discussed <br />support for enforcement/security requirements for tobacco retailers, including potentially <br />applying those measures required for cannabis establishments. Councilmember Phan <br />mentioned registration and scanning of identification. However, those measures are not <br />required by City operating standards for cannabis except that all cannabis establishments <br />are required to verify that patrons are over the age of 21 or 18 if purchasing medical <br />marijuana. <br /> <br />Cannabis Enforcement/Security <br />Requirements <br />Applicable <br />SAMC <br />Section <br />Practical Considerations <br />The location, interior and exterior, shall be <br />monitored at all times by web-based closed <br />circuit television for security purposes. The <br />camera and recording system must be of <br />adequate quality, color rendition and resolution <br />to allow the ready identification of any individual <br />committing a crime anywhere on or adjacent to <br />the location. <br /> <br />40-8 3.a. <br />All controlled access areas, security rooms and <br />all points of ingress/egress to limited access <br />areas and all point of sale (POS) areas shall <br />have fixed camera coverage capable of <br />40-8 3.b.State law generally <br />prohibits self-service <br />displays of tobacco <br />products. Therefore,