1 Attachment 7 – Summary of CVMC 5.56 Tobacco Retailer Policy Areas Policy Options for Discussion to Reduce the Number of Tobacco Retailers Focus Area Current Law Community Input HWAC Advisory
Recommendation
Policy for Council
Discussion
Restrict Type
of Retailer
No current law in
place.
No specific comments
were received
from community members
regarding limiting specific retailer
types from selling
tobacco products.
Focus on the "bad a c t o r s".
Commission noted
the City’s leadership
in tobacco control
and recommended
prohibiting pharmacies
from selling
tobacco products.
Consider prohibiting
pharmacies from obtaining
a Tobacco Retailer Permit.
Consider restricting smoke
shops as permitted tobacco
retailers due to higher
violation rates identified
during compliance
inspections.
Set Maximum
Caps on Permit
Issuance
No current law in
place.
Concerns were raised about
the concentration of tobacco
retailers in certain areas of the
City, particularly western
Chula Vista.
HWAC did not take
a position and deferred
to City Council regarding
potential permit caps
by Council District or
retailer density.
Consider
establishing a maximum
number of tobacco
retailer permits citywide
&/or by geographic area
based on population
thresholds or Council
District boundaries.
Consider regulations to
establish permit caps
and issuance criteria.
Permit
Proximity
Buffers
No current law in
place.
Community members
raised concerns
about the concentration
of tobacco retailers in western
Chula Vista.
Prohibit new tobacco
retailer permits within 1,000
feet of another permit.
Apply the restriction to new
permits and existing
Consider establishing
minimum distance
requirements between
tobacco retailers.
2 Consider future growth
and tourism.
permits seeking
relocation, while providing
a “legacy” status
to existing retailers
currently operating within
the 1,000-foot buffer.
Allow permit transfer to new
qualified applicants at the
same location.
Should restrictions apply
to existing businesses?
Sensitive
Locations
No current law in
place.
Community members
raised concerns about proximity
to schools, parks, and
other youth-serving locations.
Consider “legacy” status for
businesses that existed prior
to sensitive location.
Prohibit new tobacco
retailer permits within 1,000
feet of sensitive
locations (schools grades
K–12, parks, and major
transit stops).
Apply the restriction to new
permits and existing
permits seeking
relocation, while providing
a “legacy” status
to existing retailers
currently operating
within the 1,000-foot buffer.
Allow permit transfer to new
qualified applicants at the
same location.
Consider establishing
minimum distance
requirements around
sensitive locations.
Should restrictions apply
to existing businesses?
Transfer of
Retail Permits
CVMC Section
5.56.060 - Permits
Nontransferable
Retailers expressed interest in a
pathway to sell their
business with ‘assurance’ that
Establish a conditional
approval process
allowing prospective
Guidance for business
owners on the City website
3 Permits are currently
non-transferable.
a potential buyer could qualify for
a tobacco retailer permit.
buyers to obtain pre-
approval for a tobacco
retailer permit prior
to business
ownership transfer.
regarding the tobacco
retailer permit process.
Consider amendments
to CVMC Chapter 5.56.060
to allow a conditional permit
pre-approval process
for prospective buyers.
Determine if existing
businesses should have
a “legacy” status for
transfers.
4 Staff Recommendations to Strengthen CVMC Chapter 5.56 Focus Area Current Law Community Input HWAC Advisory
Recommendation
Staff Recommendation
Compliance CVMC Chapter 5.56.100 -
Compliance Monitoring
Tobacco retailers shall be
inspected at least once
every 24 months to
ensure compliance
with tobacco
retailer permit
requirements.
Community members
and retailers
expressed confusion
regarding state
inspections versus
local compliance inspect
ions and the roles of
different enforcement
agencies.
Retain the current
inspection frequency of one
inspection every 24
months, unless violations
are identified.
Consider expanding
compliance inspections
to additional
City departments to
support enforcement efforts.
Additional resources
being considered for SIU to
assist with administration.
Authorize other
departments to assist with
inspections.
Require permit review before
renewal rather than automatic
renewal.
Administrative
Citations
CVMC Chapter 1.41.100 -
Administrative Citations
Progressive within 12-
month period:
Community
members expressed that
financial penalties should
act aa a meaningful
deterrent, particularly for
repeat violators.
Expressed 60 months is
too long.
Increase penalties for
violations while retaining
the cumulative timeframe at
60 months.
Establish higher
administrative fines
for tobacco-related
violations, particularly for
repeat or serious violations.
Civil Penalties CVMC Chapter 5.56.120 -
Violations and Penalties
Violations of the
Tobacco Retailer Permit
ordinance may result
in civil penalties of up to
Interest in distinguishing
between minor and
major violations within
the penalty structure.
Maintain the current
civil penalty structure
and maximum
penalty amounts.
Allow for a more graduated
penalty structure
that distinguishes between
minor and major violations.
Explore higher penalties
or enhanced enforcement
5 $2,500 for each and
every offense, in addition
to permit suspension
or revocation.
tools for repeat or long-term
violators who do not respond
to lower-level interventions.
Explore setting
a maximum cap with
flexibility based on the
severity of the violation.
Suspension &
Revocation
CVMC Chapter 5.56.110 -
Suspension &
Revocation
Violation Escalation
Structure within 60-month
period:
Stakeholders expressed in
terest in ensuring
the violation
and penalty structure
is consistent
with other regulatory pro
grams and provides
clear accountability for
repeated violations.
Reduce the cumulative
violation timeframe to 48
months and include one
warning before
suspension penalties.
Provide discretion to
the Police Chief to deny,
modify, suspend, or
revoke permits based on
violations, with the right to
request an
administrative hearing to
appeal the decision.
Clarify the types of
violations associated with
each enforcement penalty.
Clarify enforcement
authority for violations by
owners, permittees, or
employees.
Allow the City to
impose conditions or
restrictions based on
violations.
Establish a clear process
for written notice of violation
and intent to deny, modify,
suspend, or revoke a permit.
Maintain the right to
request an administrative
hearing to appeal
enforcement decisions.
Unflavored
Tobacco List
CVMC 5.56.095 - Sale of
Certain Items Prohibited
Defines flavored tobacco
products and prohibits
Community members expr
essed interest in aligning
local definitions
with state law to
reduce confusion
No
formal recommendation
adopted.
Adopt the State Unflavored
Tobacco List (UTL).
Incorporating the UTL into
local ordinance would
6 their sale in
accordance with state
law.
and ensure
consistent enforcement.
The Commission deferred
to City Council for
policy direction.
allow local enforcement
authority rather than relying
solely on state enforcement.
Marketing to
Youth
CVMC Section 5.56.090
Defines prohibited
advertising.
Some retailers use
colorful or highly visible
signage that may appeal
to youth.
Further restrict
both outdoor and
window advertising to
reduce youth exposure.
Further restrict street-facing
and window advertising.
Options may include
limits on advertising visibility,
youth-appealing imagery, or
window coverage.
Employee
Training
Tobacco retailer permit
holder signs
a Statement of
Understanding
acknowledging
compliance with tobacco
sales laws.
Retailers
expressed interest in
additional employee
education and tools to
help ensure staff
comply with tobacco
sales laws and
prevent violations.
Require employees who
sell tobacco products to sign
a Statement of
Understanding
acknowledging tobacco
sales laws and
retailer responsibilities.
Return to HWAC to
further discuss employee
education and training
options.
Require employees who sell
tobacco products to sign
a Statement of
Understanding
acknowledging tobacco sales
laws and retailer
responsibilities.