►
From YouTube: San Bruno City Council Meeting March 23, 2010 10d. Report on Smoking in Tobacco Shops & Lounges
Description
San Bruno City Council Meeting March 23, 2010 10d. Report on Smoking in Tobacco Shops & Lounges
A
B
B
The
public
policy
behind
this
was
to
create
a
uniform
scheme
so
that
there
would
be
a
uniform
standard
in
all
cities.
Now,
despite
this
large
and
comprehensive
prohibition
on
smoking
in
enclosed
places
of
employment
dealing
with
secondhand
smoke
and
trying
to
limit
the
amount
of
exposure
that
employees
have
to
that,
there
are
14
exemptions
within
the
state
statute,
and
specifically,
the
state
provides
cities
with
authority
to
ban
or
to
regulate
smoking
in
those
other
14
areas
for
only
dealing
with
one
of
them
tonight.
B
B
We
do
have
one
chapter
that
deals
with
a
requirement
that
tobacco
retailers,
if
they
sell
cigarettes
or
similar
products
at
all,
get
a
permit,
and
this
was
a
County
requirement
that
we
adopted
a
believe
last
year
and
that's
been
adopted
in
all
of
the
cities
of
the
county,
but
it
doesn't
deal
with
smoking
per
se.
Now
there
is
a
new
trend
that
you
may
be
seeing
out
there
of
smoking
in
the
bay
area,
stores
that
are
called
hookah
bars
or
hookah.
B
Star
stores
which
sell
a
kind
of
a
smoke
flavored
tobacco,
which
is
smoked
in
a
water
pipe
as
I,
understand
it,
and
that's
kind
of
a
cool
and
funky
thing
that
you're,
seeing
in
places
like
San,
Francisco
and
along
the
bay
area.
So
there
there
is
more
of
a
proliferation
of
that
and
you
may
find
hookah
bars,
but
also
your
traditional
cigar
shop
and
in
all
in
different
kinds
of
settings.
Sometimes
this
operation
occurs
in
conjunction
with
the
coffee
shop
or
a
snack
bar
or
a
restaurant
or
a
regular
kind
of
bar.
B
Now
there
is
one
in
San
Bruno
that
is
planning
to
be
located
on
san
bruno
avenue
and
which
already
does
have
its
entitlements,
but
that
sort
of
raised
the
issue
as
to
what
is
the
city
council's
comfort
level
with
that
activity
taking
place
in
san
bruno
so
whether
it's
hookah
or
cigars
or
cigarettes,
the
city
staff
is
looking
for
the
city's
counseled
City
Council
direction
and
guidance,
whether
it
is
comfortable
or
not
comfortable,
allowing
smoking
to
occur
in
smokers,
retail
shops
and
associated
smokers
lounges.
So
this
time,
I'm
happy
to
answer
your
question.
It.
A
B
That's
a
very
good
question
because,
like
a
lot
of
things
in
the
law,
it's
it's
not
always
completely
clear.
I
can
take
you.
The
I
can
tell
you
the
position
that
San
Bruno
has
has
taken
on
this
and
and
what
issues
kind
of
surround
that.
So
what
the
law
says
is
that
when
you
have
a
tobacco
retailer
shop
and
a
smokers,
lounge
with
the
main
purpose
of
the
tobacco
shop
has
to
be
selling
tobacco
in
order
for
the
exemption
to
apply
under
state
law
that,
yes,
you
can
have
smoking
go
on
in
this
establishment.
B
So
the
main
purpose
in
order
to
get
the
exemption
is
selling
tobacco
or
tobacco
related
products.
But
the
law
doesn't
further
define
that
for
us
it
doesn't
tell
us
what
that
really
means.
Does
that
mean
a
hundred
percent
of
the
activity
has
to
be
selling
tobacco
and
tobacco
products?
Could
you
have
incidental
sales
of
bags
of
chips
and
gum?
Could
you
sell
alcohol?
B
The
ABA
ABC,
which
regulates
alcohol,
has
indicated
that
hey
will
will
license
we're.
Ten
percent
of
the
activity
is
selling
alcohol.
Ninety
percent
of
it
is
selling
tobacco.
So
what
that
means
is
the
landscape.
There
is
confused
and
in
the
face
of
confusion,
the
interpretation
that
I
have
placed
and
provided
to
our
staff
is
that
no
other
activity
can
currently
occur
other
than
the
selling
of
the
tobacco
product
or
the
smoking
of
the
tobacco
product
that
they
can't
sell.
B
Anything
else
now
will
tell
you
that
a
question
has
been
posed
to
our
a
state
attorney
general
and
the
Attorney
General
may
come
down
with
an
opinion
at
any
time
the
next
couple
of
months.
That
may
be
instructive.
So
if
you
do
end
up
directing
me
to
bring
back
any
type
of
an
ordinance
that
limits,
you
know
this
activity
in
any
way.
B
B
B
A
Just
have
to
say
this
I
mean
I,
get
asked
as
mayor
and
previous
mayor's
have
been
asked
to
sign,
Proclamation
supporting
the
American
Lung
Association
American
Heart
Association,
the
American
Cancer
Society,
and
we
are
whether
you
like
it
or
not,
encouraging
just
the
opposite
here
so
I
would
like
to
in
the
future,
and
the
council
agrees
maybe
have
a
small
study
session.
It
wouldn't
take
very
long
to
see
what
we
can
do
to
actually
ban
these
facilities
in
our
city
I'm,
just
not
for
it
at
all.
A
B
Are
two
possible
options?
I
realize
there
may
be
other
questions
or
comments
from
City
Council
members,
but
one
thing
that
you
could
do
if
the
council
were
in
agreement
with
your
position
would
be
to
direct
me
to
come
back
with
an
ordinance
that
right
now
prohibits
smoking
in
smoker
retail
establishments,
and
the
other
thing
that
you
could
do
is
look
at
this
question
more
broadly,
because
there
are
14
different
exemptions
and
you
could
look
at
things
beyond
tobacco
retailer
shops.
Why.
C
B
Right
as
long
as
that
is
the
only
activity,
so
here's
one
of
the
kind
of
problem
areas
you're
absolutely
right
that
retailer
cannot
sell
tobacco
to
a
minor
and
that's
illegal.
Therefore
they
should
not
be
able
to
enter
the
premises.
The
question
that
has
not
been
answered
across
the
state
is
that
if
you
allow
other
activities
like
selling
food,
for
example-
and
you
cannot
prohibit
minors
from
Anna
stopped
from
entering
establishment
that
you
know
it
is
serving
food.
What
is
that?
Where
does
that
really
end
up
legally?
B
C
B
B
Not
sure
which
establishment
but
7-eleven,
even
if
it
has
a
tobacco
retailer
permit,
can
sell
cigarettes
but
because
its
primary
purpose
isn't
just
selling
tobacco
products
that
smoking
cannot
occur
there.
If
its
primary
purpose
is
to
sell
tobacco
and
that's
its
real
function,
then
smoking
can
go
on
there
currently
under
state
law.
Okay,.
C
B
B
C
B
C
And
I
can
appreciate
what
the
mayor
is
saying
and
maybe
study
session
is,
doesn't
hurt
to
actually
look
into
the
topic,
but
also
very
clearly
I,
don't
think
minors
at
anywhere
shape
or
form
should
be
in
there.
They
were
there.
I
mean
I,
know
you
can't,
but
again
it's
not
for
them.
It's
it's
illegal,
but
these
this
concerns
me
and
just
again
what
it
is
promoting
and
I
know
it
may
be.
B
And
mr.
Medina,
just
so
it's
clear
that
concern
would
be
even
more
warranted
if
the
AG
comes
out
with
an
opinion
that
says
hey,
you
could
do
other
incidental
things
like,
so
you
know
chips
and
gum,
and
that's
okay,
because
then
miners
are
supposed
to
be
able
to
get
to
come
in
and
get
those
things.
So,
in
the
absence
of
any
city
law
to
the
contrary,
the
situation
there
could
change.
B
D
E
B
E
D
Michael
I
have
a
question:
I
noticed
that
and
you're
in
your
list.
There
are
three
cities
in
the
county
to
specifically
prohibit
smoking
in
retail
stores.
Being
that
this
is
a
lounge.
Would
that
be
considered
different
from
a
retail
store,
in
the
sense
that
the
purpose
of
this
business
is
to
allow
people
to
come
in
and
smoke?
B
How
the
lounge
comes
into
existence
is:
if
there
is
a
retail
shop,
where
has
the
primary
purpose
of
selling
tobacco
products,
then
it
can
have
a
smokers
lounge
associated
with
it
and
that
is
required
to
either
be
in
the
retail
establishment
or
attached
to
it.
So
if
you
prohibit
smoking
in
the
retail
shop,
you
effectively
prohibit
a
lounge,
and
if
you
don't,
then
both
both
can
potentially
exist.
Okay,
so.
B
There
are
two
ways
you
could
go
here.
You
could
have
a
study
session.
Look
at
all
only
one
exemption,
the
tobacco
retailer
issue,
or
you
could
look
at
all
14
and
you
could
do
that
or
and
or
you
could
direct
me
to
come
back
with
an
ordinance
that
deals
with
only
from
the
moment,
the
single
issue,
while
you're
studying
the
other
14
and
that
is
prohibiting
smoking
in
tobacco
retailer
operations
right.
B
D
B
B
B
E
A
B
B
Can't
be
on
the
facility,
so
you
cannot,
for
example,
being
a
tobacco
shop.
Just
like
you
can't
ban
a
store
that
sells
alcohol
because
then
you're
running
afoul
of
the
Commerce
Clause
in
the
Constitution,
so
you
can't
prohibit
the
product
and
the
sale
of
those
products.
Currently,
what
you
can
prohibit
is
the
activity
of
smoking
in
those
facility.