HomeMy WebLinkAboutRES NO 041-16RESOLUTION NO. 041— 1 6
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD IN SUPPORT OF SENATE BILL 5 REGARDING
E- CIGARETTES
WHEREAS, Senate Bill 5 (Leno) was amended and passed in the Assembly,
and is currently pending in the Senate; and
WHEREAS, SB 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, SB 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, SB 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, SB 5 requires retailers of cigarettes and tobacco products,
including electronic cigarettes, to apply for a license and pay a license fee in
the amount of $265.00, beginning January 1, 2017; and
WHEREAS, SB 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, SB 5 makes selling or furnishing tobacco products, including
electronic cigarettes, to a minor a misdemeanor; and
WHEREAS, SB 5 provides that minors smoking tobacco products, including
electronic cigarettes, are subject to a fine of $75.00 or 30 hours community
service; and
WHEREAS, SB 5 prohibits the selling, advertising, or furnishing of tobacco
products, including electronic cigarette products, to persons under 21 years old;
and
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WHEREAS, SB 5 makes it illegal for the purchasing of tobacco products,
including electronic cigarettes, by persons under 21 years old; and
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:
The above recitals are true and correct.
2. The City of Bakersfield supports passage of Senate Bill 5.
3. Copies of this Resolution shall be transmitted to 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
MAR 3 0 1016 , by the following vote:
✓ ✓ ✓ / ✓ ✓ .�
YES' COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN. PARLIER
OES: COUNCIL MEMBER f'`fQIV_
ABSTAIN: COUNCIL MEMBER PIRV\a
ABSENT: COUNCIL MEMBER
APPROVED MAR 3 0 2016
HARVEY L. L
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H. RUDNICK
Deputy City Attorney
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ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
�OAKEy
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