(6)AR 020210 Tobacco Sales - Laserfiche WebLink

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STAFF REPORT ITEM NO. 0 6 DATE: FEBRUARY 2, 2010 TO: MAYOR AND CITY COUNCIL • FROM: ROD FOSTER, CITY MANAGER , PREPARED BY: DEAN DERLETH, CITY ATTORNEY SUBJECT: DISCUSSION REGARDING POSSIBLE AMENDMENT TO COLTON MUNICIPAL CODE TO PROHIBIT AND/OR RESTRICT TOBACCO SALES NEAR SCHOOLS AND OTHER FACILITIES THAT OFFER ORGANIZED CARE FOR CHILDREN RECOMMENDED ACTION It is recommended that the City Council review the following report and provide direction to staff on whether or not to draft an ordinance to amend the Colton Municipal Code to prohibit and/or restrict tobacco sales within 1,000 ft. (or some smaller distance) of schools and other facilities that offer organized care for children. GOAL STATEMENT The proposed action will support the City's goal to discourage actions that promote the unlawful sale of tobacco products to minors, as well as the unlawful purchase or possession of tobacco products to minors. BACKGROUND Council Member Bennett brought to the City Attorney's attention a request by California State Senator Alex Padilla, in which he has asked California cities to consider adopting an ordinance prohibiting and/or restricting the sale of tobacco products near schools and other facilities that offer organized care for children (e.g. playgrounds, churches, public libraries, childcare facilities or similar entities providing structured, organized care for youth). Mr. Padilla is recommending a minimum distance restriction of 600 feet, but he would prefer 1,000 feet. The City of Colton ("Colton") currently prohibits any person, business or tobacco retailer from selling or distributing tobacco products to persons under eighteen years old. Below is a comparison of Colton's current law and the proposed ordinance, as well as a brief outline of Colton's possible regulatory and zoning authority to adopt the proposed ordinance. ORANGE\B WARD\63612.3