Law and Legislation Committee Meeting Summary – September 1, 2020

The Sacramento City Law and Legislation Committee met on Tuesday, September 1, 2020, at 1:00 p.m. via teleconference due to the COVID-19 pandemic. The meeting was called to order by Chair Jay Schenirer and included members Eric Guerra, Steve Hansen (arriving at 1:01 p.m.), and Jeff Harris. The committee reviewed five agenda items, heard extensive public testimony, and took actions including forwarding ordinances to the City Council and providing staff direction on fireworks policy. The meeting adjourned at 3:03 p.m.

Consent Calendar

• Item 1 – Law and Legislation Log (File ID 2020-00207): Approved unanimously (4-0) by a motion from Member Harris and second by Member Guerra. The log covers routine governmental affairs.

Public Comments & Testimony

• Item 2 – Fireworks Ordinance: 14 callers spoke, nearly all opposing a ban on state-approved “safe and sane” fireworks. Speakers included Gloria Dodson (Committee Assembly), John (Victory Outreach), Charles Baldwin (Sacramento Area Sports), Ed Garcia (Let’s Get Moving), Dean Burdein (Love Inc.), Mike Duffick (Sacramento Youth Band), Mary Willick (St. Mary Church), Felix Duncan (Enlightened Minds), Shannon (Manna Food Bank), Ross Hendricks (Del Paso Heights Community Association), Megan Blackwell (Richmond Sacramento Inc.), Marvin Perkins, Edgar Alvarez Cornejo, and Jeff Johnson (Love Inc.). They argued that illegal fireworks are the real problem and that banning legal fireworks would hurt nonprofit fundraising and potentially increase illegal use. Shannon noted her food bank feeds 200-300 families weekly and relies on fireworks sales for operating funds. Ross Hendricks called for a zero-tolerance policy on aerial mortar explosives.
• Item 3 – Massage Ordinance: One caller, Michelle Huang (licensed massage therapist), expressed concern about a provision prohibiting residing on commercial premises, fearing it could harm legitimate home-based practitioners. She noted many cities follow Sacramento’s lead.
• Item 4 – Tobacco Retailer Amendments: Four callers opposed the proposed exemptions. Marissa Greenband (District 4 resident) cited studies showing 5× more tobacco retailers in low-income neighborhoods. Jen Graham Lahano (American Cancer Society Cancer Action Network) urged keeping the strong 2019 ordinance. Rachel Alvarez (health educator at Sacramento State) argued that retailer density affects youth tobacco use. Abdilaziz (SOL Project) highlighted that African Americans in Sacramento have a life expectancy of 73 years vs. 87 for Hispanics, linking high tobacco density to shorter lifespans.

Discussion Items

• Item 2 – Fireworks Ordinance Amendment (File ID 2020-01025): Fire Marshal Jason Lee presented. He reported that in 2020, 90 fireworks booths were approved (down from an average of 120), with gross sales of $2.4 million, 50% going to vendors. The illegal fireworks problem worsened in 2020 due to COVID-19 limiting professional shows and reducing task force funding (no funding in 2020 versus $100,000 in 2018 and 2019). Lee noted that banning state-approved fireworks might increase illegal use. Councilmember Guerra (who requested the item) favored a comprehensive policy approach rather than a ban, including administrative penalties, surcharges, and stronger education. Councilmember Harris advocated for restricting use to July 4th only and asked for a clear resource estimate to tackle illegal fireworks. The committee directed staff to return within 60-75 days with a holistic policy addressing illegal fireworks, potential surcharges, stakeholder meetings with industry and nonprofits, and analysis of cities that have banned fireworks. No vote was taken; direction only.
• Item 3 – Massage Ordinance (File ID 2020-00919): Tessa St. John (Finance) presented. The ordinance removes massage from adult-related establishment codes, requires all massage businesses to obtain a special business permit (currently few are issued), and expands operational standards (lighting, attire, visibility, prohibits condoms in rooms, prohibits residing on commercial premises). Staff noted San Jose shut down 172 of 300 businesses (≈60%) after similar changes. Councilmember Guerra moved to forward to City Council with amendments: a one-year lookback on the ordinance’s impact, tracking of penalty fines collected, and a report on how fines might support victim services. Member Schenirer seconded. Councilmember Harris supported, noting the ordinance does not affect home-based practitioners (they can still do out-calls). Councilmember Hansen asked for a future path to regulate home practitioners. The motion passed unanimously (4-0). The item will go to City Council for consideration.
• Item 4 – Tobacco Retailer Amendments (File ID 2020-01049): Jose Mendez (Code Enforcement) presented three proposed amendments: (1) exempt locations that submitted a planning application before January 1, 2020 (14 locations identified, three currently without a license would benefit); (2) exempt locations that devote ≤5% shelf space to tobacco and sell fresh produce, dairy, meat, bread (the “fresh food” exemption); (3) allow retailers to close for up to one year for construction without losing license. Councilmember Hansen, who requested the item, moved to forward only the pipeline amendment (grandfathering three in-process businesses) with an additional cap of no more than two tobacco retailers within 1,000 feet. The motion was seconded by Chair Schenirer. Councilmember Harris opposed, arguing the pipeline projects sought CUP’s after ordinance adoption and that exemptions undermine public health. Councilmember Guerra was conflicted but ultimately voted no. The vote was 2-2 (Hansen and Schenirer aye; Harris and Guerra no). Because the vote was tied, the item will be forwarded to City Council without a recommendation. Councilmember Hansen noted he had committed to revisit these issues when the original ordinance passed.
• Item 5 – Laid-Off Employee Recall Rights (File ID 2020-00874): Councilmember Hansen requested postponement because the state recently passed AB 3216 (by Assemblymember Ash Kalra), which is similar to the proposed city ordinance and is awaiting the governor’s action. The committee agreed to postpone the item to a future meeting to allow staff to review the state law and report back. No vote was taken on the item itself.

Key Outcomes

• Item 1: Approved unanimously.
• Item 2: Staff directed to develop a comprehensive fireworks policy (not a ban) with emphasis on enforcement, surcharges, stakeholder input, and analysis of other cities; report back in 60-75 days.
• Item 3: Ordinance forwarded to City Council for approval with amendments (one-year lookback, tracking of fines, potential use for victim services); passed 4-0.
• Item 4: Pipeline amendment only forwarded to City Council without recommendation (2-2 vote); fresh food and construction closure amendments not advanced.
• Item 5: Postponed pending review of state law AB 3216.
• Meeting adjourned at 3:03 p.m. The Budget Committee meeting (Committee of the Whole) was scheduled to start approximately 15 minutes later.