HomeMy WebLinkAboutRES NO 115-15RESOLUTION NO. 11 5 15
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD IN SUPPORT OF SENATE BILL SBX2 -5
REGARDING E- CIGARETTES
WHEREAS, Senate Bill SBX2 -5 (Leno) was passed in the Senate, and is
currently pending in the Assembly; and
WHEREAS, Senate Bill SBX2 -5 broadens the definition of "smoking" under
the state law to include the use of an electronic smoking device that creates an
aerosol or vapor, in any manner or in any form, or the use of any oral smoking
device for the purpose of circumventing the prohibition of smoking; and
WHEREAS, Senate Bill SBX2 -5 expands the definition of "tobacco product'
under state law to include an electronic device that delivers nicotine or other
vaporized liquids to the person inhaling from the device, including, but not
limited to, an electronic cigarette, cigar, pipe, or hookah; and
WHEREAS, Senate Bill SBX2 -5 exempts from the definition of "tobacco
product' a product that has been approved by the U.S. Food and Drug
Administration (FDA) for sale as a tobacco cessation product or for other
therapeutic purposes where the product is marketed and sold solely for such an
approved purpose; and
WHEREAS, Senate Bill SBX2 -5 requires retailers of electronic cigarettes to
apply for a license and pay a license fee, in an amount to be determined by
the Board of Equalization, beginning October 1, 2016; and
WHEREAS, Senate Bill SBX2 -5 requires all cartridges for electronic cigarettes
and solutions for filling or refilling an electronic cigarette to be in child -resistant
packaging, as defined by the Code of Federal Regulations; and
WHEREAS, Senate Bill SBX2 -5 makes selling or furnishing tobacco products,
including electronic cigarettes, to a minor a misdemeanor; and
WHEREAS, Senate Bill SBX2 -5 provides that minors smoking tobacco
products, including electronic cigarettes, are subject to a fine of $75.00 or 30
hours community service; and
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WHEREAS, If the bill passes as drafted, smoking electronic cigarettes will be
prohibited at schools, healthcare facilities, public buildings, playgrounds (parks
and recreational areas), and certain housing facilities because of the inclusion
of electronic cigarettes in the definition of smoking.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
1. The above recitals are true and correct.
2. The City of Bakersfield supports passage of Senate Bill SBX2 -5.
3. Copies of this Resolution shall be transmitted to the Senator Leno
and any other members of the California Legislature as deemed
appropriate.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 16 2015 by the following vote:
Ve
YES: COUNCIL MEMBER RIVERA, MAXWELL WEIR, R, SMITH, HANSON, SULLIVAN , PARK
ES: COUNCIL MEMBER NOP!_
ABSTAIN: COUNCIL MEMBER �IRfW_
ABSENT: COUNCIL MEMBER NDYV..
APPROVED SEP 16 2015
By
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
Deputy City Attorney
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S:\ COUNCIL \Resin\ 1516 \Supp M2.5.Eclaomf sd x
ROBERTA GAFFORD, C
CITY CLERK and Ex Offic o Clerk of
the Council of the City of Bakersfield
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