ATTACHMENT 1
Public Comment from
California Fuels & Convenience Alliance
May 29, 2025
Barstow City Council
220 East Mountain View Street
Barstow, CA 92311
Subject: Recommendations on the Proposed Smoke Shops and Tobacco Stores Ordinance Dear Members of the Barstow City Council:
On behalf of the California Fuels and Convenience Alliance (CFCA), we write to formally express concern regarding the Smoke Shops and Tobacco Stores Ordinance currently under consideration. While CFCA supports efforts to protect public health, we are concerned that several provisions, as currently written, could inadvertently harm convenience stores and gas stations local businesses that play an essential role in the Barstow economy.
The ordinance currently attempts to exempt grocery stores, supermarkets, and convenience stores from clause.
However, this provision is both overly restrictive and inequitable. For example, a typical 2,500-squarefoot convenience store would be limited to just 50 square feet of tobacco display, which is often insufficient for standard inventory, while smaller stores under 300 square feet are limited to only 5 square feet. Furthermore, the exemption excludes all e-cigarette and vapor products regardless of quantity, use permits.
This framework does not reflect the operational realities of convenience retailers and disproportionately impacts smaller-format stores.
s intent and ensure fair enforcement, we recommend exempting businesses identified by the following North American Industry Classification System (NAICS) Codes:
NAICS Code 445120 Convenience Stores
NAICS Code 447110 Gasoline Stations with Convenience Stores These classifications represent businesses that offer a broad mix of retail products and services, with tobacco comprising only a minor share of revenue. Adopting this exemption framework would eliminate the need to regulate square footage or sales percentages, reduce ambiguity, and allow for straightforward Additionally, we have concerns regarding the vapor product restrictions. As currently drafted, it appears that any product not yet approved through a marketing granted order by the U.S. Food and Drug Administration (FDA) would be banned from sale, even if the product is currently under lawful FDA review. To avoid penalizing compliant businesses, we urge the City to align with federal law by allowing the sale of vapor products that either:
1. Have received a marketing order granted by the FDA, or
2. Are the subject of a timely filed premarket tobacco product application (PMTA) submitted by the September 9, 2020 deadline and still under FDA review, or subject to a court or FDA stay, rescission, or vacatur of a denial.
Retailers who sell only lawfully permitted products under this framework should not be subject to enforcement actions. This ensures that City regulations target truly unauthorized products without creating undue burdens for local businesses operating in good faith.
In light of these concerns, we respectfully urge the City Council to consider the following amendments:
1. with a clear exemption for businesses operating under NAICS Codes 445120 (convenience stores) and 447110 (gasoline stations with convenience stores).
2. Revise the vapor product provisions to align with federal FDA guidelines, prohibiting only those products that have neither been authorized nor are under active review.
3. Remove or reconsider the rebuttable presumption clause regarding intent to sell vapor products, as it could unfairly penalize retailers with legitimate inventory. approach that preserves public health while protecting the viability of essential businesses. CFCA is committed to collaborating with the City of Barstow on workable, effective policy solutions that serve the interests of both the community and the business operators who help sustain it.
Sincerely,
Alessandra Magnasco
Sr. Director, Government Affairs
California Fuels & Convenience Alliance