pages: CityCouncil/2018-11-07.pdf, 11
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CityCouncil | 2018-11-07 | 11 | sold within the buffer zone would be precluded from selling tobacco products; continued the presentation. Councilmember Ezzy Ashcraft inquired if only San Francisco has an outright ban on all flavored tobacco; and why some jurisdictions decided to only allow menthol. The Assistant City Attorney responded he is not sure the rationale and assumes it relates to menthol being a significant portion of tobacco sales. Councilmember Ezzy Ashcraft inquired if menthol is thought to be a greater selling flavor of tobacco product, to which the Assistant City Attorney responded in the affirmative; stated the tobacco retailers' response is consistent with said thought; continued the presentation. In response to Councilmember Ezzy Ashcraft's inquiry regarding who determines whether the retailers' license is suspended or if a fine is imposed, the Assistant City Attorney stated the Department Head would make a determination about which penalty to impose. Councilmember Ezzy Ashcraft inquired if the Department Head would be the City Manager, to which the Assistant City Attorney responded the ordinance is currently drafted listing the Community Development Director. In response to Councilmember Ezzy Ashcraft's inquiry regarding suspensions, fines or revocation the Assistant City Attorney stated if a retailer's tobacco license is suspended, the other profitable, collateral product purchases cease; the intent is to fine the business to allow operation to continue. Councilmember Ezzy Ashcraft stated the violations might be better adhered to if the penalty is suspension, rather than a fine. Vice Mayor Vella requested clarification that collateral sales means the purchase of groceries in addition to tobacco products, to which the Assistant City Attorney responded in the affirmative; continued the presentation. Councilmember Matarrese inquired if additional staff would be hired related to the grant award or if existing staff would be adding to their workload. The Assistant City Attorney responded hiring additional staff to enforce the program is not anticipated at this time; stated time spent by Police and Code Enforcement will be tracked to ensure the cost can be calculated. Councilmember Ezzy Ashcraft inquired where the revenue from the fines will go, to which the Assistant City Attorney responded the General Fund; continued the presentation. Regular Meeting Alameda City Council 9 November 7, 2018 | CityCouncil/2018-11-07.pdf |