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Resolution making findings and recommending that the City Council adopt an ordinance amending Title 20 of the South San Francisco Municipal Code regarding provisions regulating tobacco use to make minor revisions, corrections, and clarifications to ensure consistency throughout the Municipal Code, removing "Hookah Bar/Smoking Lounge" from the Commercial Use Classifications under Section 20.620.040, and determining that the proposed Zoning amendments are exempt from CEQA.
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WHEREAS, in 2008, the City enacted South San Francisco Municipal Code (SSFMC) Chapter 6.46 titled "Tobacco Retailer Permit," which adopts San Mateo County Ordinance Code (SMCOC) Chapter 4.98 "Tobacco Retailer Permit" by reference and thereby serves as the mechanism for the County's enforcement of Tobacco Retailer Permits in the City; and
WHEREAS, in 2012, the City enacted SSFMC Chapter 20.420 "Prohibition on new significant tobacco retailers," which prohibits establishment of a new business whose principal or core is selling tobacco products and/or paraphernalia from operating in the City; and
WHEREAS, on September 25, 2019, the City Council added Title 6, Chapter 6.47 of the SSFMC pertaining to the sale of tobacco, flavored tobacco, and electronic smoking devices, including an exemption for significant tobacco retailers that were lawfully established prior to the effective date of Chapter 20.420, on January 1, 2020; and
WHEREAS, effective June 22, 2023, the County Board of Supervisors repealed the former SMCOC Chapter 4.98 (Tobacco Retailer Permit) and enacted a new Chapter 4.98, which strengthens enforcement, requires two inspections per year of all retailers, establishes retail restrictions for new businesses, updates the definitions of tobacco products to include synthetic nicotine and to align with the state's definition of tobacco products, including flavored tobacco products, and prohibits issuing new tobacco retailer permits for any location within 1,000 feet of a "youth po...
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