DATE:
June 20, 2023
TO:
Mayor and Council Members
FROM:
Rachel Molina, City Manager
BY:
Melinda Sayre, Director of Government Services/City Clerk Jacquelyn Castillo, Administrative Analyst
SUBJECT:
Amendments to Title 5 and Title 16 of the Hesperia Municipal Code Related to Licensing and Regulation of Tobacco Retailers
RECOMMENDED ACTION
It is recommended that the City Council introduce and place on first reading Ordinance No. 2023-10, amending Title 5 and Title 16 of the Hesperia Municipal Code related to Licensing and Regulation of Tobacco Retailers.
BACKGROUND
In 2021, the City Council adopted Ordinance No. 2021-07 which established a Tobacco Retailer License Program. The Program was designed to reduce the number of individuals of all ages who use cigarettes and other tobacco products, with a particular interest in protecting adolescents from tobacco usage and dependence as well as the illnesses associated with tobacco use. The program mandates that all tobacco retailers within the City obtain a Tobacco Retail License and undergo annual compliance checks.
ISSUES/ANALYSIS
The Federal Government and the State of California passed tobacco control laws that surpass local requirements regarding prohibitions on tobacco sales. Staff recommends revising Title 5 and Title 16 of the Hesperia Municipal Code to align with state and federal requirements in order to administer the program efficiently and afford additional protection where violations of local, state, and federal law are required.
Recommended changes to Title 5 – Chapter 5.80 Licensing and Regulation of Tobacco Retailers Under Section 5.80.010 – Definitions – Expand definitions for Arm’s Length Transaction, Flavored Tobacco Products, Self-Service Display, and Tobacco products.
Under Section 5.80.010– Definitions – Include definitions for Bidis, Blunt Wraps, Characterizing Flavor, Constituent, Flavored Shisha Tobacco Product, Hookah, Hookah Lounge, Hookah Tobacco Retailer, Labeling, Loose Leaf Tobacco, Premium Cigar, Private Smokers’ Lounge, Retail or Wholesale Tobacco Shop, Shisha Tobacco Product, Tobacco Paraphernalia, Tobacco Product Flavor Enhancer, and Tobacco Samples.
Under Section 5.80.020 – General Requirements and Prohibitions – Add the following:
Apply minumum age requirements to military personnel.
Sale of flavored tobacco products prohibited, including flavored e-cigarettes and menthol cigarettes, as well as tobacco flavor enhancers.
No sale of single cigarettes or packs with less than 20 cigarettes.
No sale of tobacco products that includes descriptors such as light, low, mild, or other similar words.
No sales of cartridges or electronic cigarettes and solutions for filling or refilling electronic cigarettes to persons under the age of 21 and products must be sold in child-resistant packaging and meet federal child-resistant packaging standards and testing procedures.
No sales of tobacco products or tobacco paraphernalia to anyone under age 21.
No placement of advertising for blunt wraps within two feet of candy, snacks, or nonalcoholic beverages inside any store or business, or placement of advertising for blunt wraps lower than four feet above the floor.
No sales of bidis that alllow persons under 18 years of age.
No sales of tobacco products where cannabis is sold.
Post the required STAKE Act age-of-sale warning sign at each point of sale.
Recommend revising minimum package sizing for cigars to at least five (instead of 6), and including a minimum price of $12.00 or more.
Staff recommends adding a new section 5.80.025 – Exemptions, for the following:
Hookah and shisha bars and/or lounges are exempted if the business qualifies as either a retail or wholesale tobacco shop or a private smokers’ lounge and does not service food or beverages and limits entry to those aged 21 and over.
Sale of premium cigars.
Sale of pipe tobacco or loose-leaf tobacco.
Herbal or other plants intended or hookah smoking which do not contain tobacco or nicotine.
Recommended changes to Title 16 – Chapter 16.08 - Definitions Align definition of “Tobacco paraphernalia” with updated definition in Chapter 5.80.
Align definition of “Tobacco product” with update definition in Chapter 5.80.
Staff believes that the proposed updates to the current regulations are required to continue to administer the program efficiently, allowing responsible operations of tobacco retail businesses, and afford additional protection where violations of local, state, or federal law are concerned.
ALTERNATIVE(S)
Provide alternative direction to staff.
ATTACHMENT(S)
Ordinance 2023-10
Exhibit A – Title 5 – Business Licenses and Regulations, Chapter 5.80 - Licensing and Regulation of Tobacco Retailers Exhibit B – Title 16 –Development Code, Chapter 16.08 - Definitions – “Tobacco Paraphernalia” Exhibit C – Title 16 –Development Code, Chapter 16.08 - Definitions – “Tobacco Product” City of Hesperia STAFF REPORT City of Hesperia STAFF REPORT City of Hesperia
STAFF REPORT
City of Hesperia
STAFF REPORT
Staff Report to the Mayor and Council Members
Amendments to Title 5 and Title 16 of the Hesperia Municipal Code Related to Licensing and Regulation of Tobacco Retailers June 20, 2023