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Flavored Tobacco <br />March 1, 2022 <br />Page 6 <br />2 <br />4 <br />7 <br />7 <br />identifying activity occurring within a minimum of <br />twenty (20) feet. <br />tobacco products are <br />normally kept behind a <br />counter or in a locked <br />cabinet. <br /> <br />The surveillance system storage device or <br />cameras shall be transmission control <br />protocol/TCP capable of being accessed over <br />the internet by the police department or their <br />designee on request. <br />40-8 3.c <br />All agents, private security officers or other <br />persons acting for or employed by the business <br />shall display a laminated identification badge at <br />least two (2) inches by two (2) inches in size, <br />issued by the City. <br />40-8 3.0 <br />At all times when open, the business shall <br />provide at least one (1) private security guard <br />who is licensed, possesses a valid Department <br />of Consumer Affairs “security guard card,” and <br />has a valid business license. <br />40-8 4.a <br />Hours of operation shall be limited to: 7:00 a.m. <br />to 10:00 p.m. daily. <br />40-4 4.e May conflict with CUPs <br />issued to some tobacco <br />retailers. <br />Prohibit entry to patrons under the age of 21 40-4.g Many of the tobacco <br />retailers sell other items <br />that are not age restricted, <br />such as groceries. <br /> <br />Option 4: Take no action at this time and wait to see whether senate bill 793 goes <br />into effect. <br />On January 1, 2021, SB 793 banning the sale of flavored tobacco products in California <br />went into effect. However, on January 22, 2021 Referendum 20-003 qualified for the <br />ballot and as a result, stayed SB 793. The referendum is scheduled for the November 8, <br />2022 general election. The referendum requires that a majority of voters approve SB 793 <br />or it will not become effective2. <br />If SB 793 is defeated by referendum, any ordinance banning the sale of flavored tobacco <br />adopted by the City would remain effective. Generally, state law preempts local <br />legislation if state law has occupied the field. (See, California Grocers Association v. City <br />of Los Angeles (2011) 52 Cal.4th 177, 190-191.) If SB 793 takes effect, then a City <br />ordinance may remain effective only if it contains stricter provisions than SB 793. SB 793 <br />specifically provides that it “. . .does not preempt or otherwise prohibit the adoption of a <br />2 If approved by a majority of California voters, five (5) days after the California Secretary of State certifies <br />the general election results, SB 793 will take effect.