“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipalservices and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
Page Item STANDING AGENDA ITEMS
1. Call to Order and Flag Salute
2. Roll call
3. Special Presentations:
4. Public Comment:
This time is set aside for citizens to address the City Council on matters listed on the Consent Agenda as well as other items not included on the Regular Agenda. If your comments concern an agenda item noted on the regular agenda, please address the Council when that item is open for public comment.
Each speaker is allocated three (3) minutes to speak. Speakers may not cede their time. Comments should be limited to matters within the jurisdiction of the City. Council discussion or action cannot be taken on items not listed on the agenda other than to receive comments. If you have documents to present to members of Council, please provide a minimum of seven (7) copies to the Deputy City Clerk. Email Comments may be submitted to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council prior to the meeting. These items will NOT be read into the record.
5. Council and Staff Comments
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Mt. Shasta City Council Regular Meeting Agenda
Monday, August 14, 2023, 5:30 p.m.
This meeting will be presented in a hybrid format and can be attended in two ways:
In-Person at the Mt. Shasta City Park Upper Lodge, 1315 Nixon Rd. Mt. Shasta, CA OR
Online at the following link:
MountShasta.22Ave.tv
For the safety of our staff, the council, and public, we are no longer allowing members of the audience to carry large bags, backpacks, or other items outside of small personal items such as purses or satchels. Only service animals are allowed inside council chambers; nonservice pets are not allowed under any circumstances. Violators will be asked to remove the bag and/or animal, and refusal to do so will be cause for removal from the meeting.
Mt. Shasta City Council Regular Meeting August 14, 2023 1 Mt. Shasta Regular City Council Meeting Agenda
Monday, August 14, 2023
CITY COUNCIL BUSINESS
All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived. a. Approval of Minutes: July 24, 2023 Regular City Council Meeting and July 27, 2023 Special City Council Meeting
b. Approval of Disbursements: Accounts Payable 7/13, 7/19, 7/25, 7/26, 8/3, and 8/9/2023: Total Gross Payroll and Taxes: For Periods Ending 7/9 and 7/23/2023 c. Approval of Surplus Items: Jeep Cherokee
d. Police Department Monthly Report: July 2023
e. Committee Minutes: Downtown Enhancement Advisory Committee July 26, 2023 Regular Meeting, Beautification Committee July 10, 2023 Special Meeting
8. Public Hearing: Vacation of Field Street
Background: DANCO, a developer of affordable housing, gained the approval of the Planning Commission earlier this year for a 25-unit affordable housing project. Part of the site plan for the development includes the vacation of one-half of the right-of-way along Field Street between Chestnut Street and Alder Alley. Council will discuss, take public comment, and determine whether to vacate the Portion of Field Street in question.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Approve CCR-23-XX, A Resolution of the City Council of the City of Mt.
Shasta Vacating a Portion of Field Street.
9. Public Hearing: Community Development Block Grant (CDBG): Closeout of 18-CDBG-12916 Technical Assistance
Background: Jefferson Economic Development Institute (JEDI) has provided Microenterprise Technical Assistance Services and workshops for the businesses and start- up businesses within the City of Mt.
Shasta over a 15-month grant period. This public hearing is a required meeting to discuss the grant program, highlight successes, challenges and future needs for future grant applications.
Report By: Muriel Terrell, Finance Director
Recommended Council Action: Open a public hearing to give citizens an opportunity to make their comments known regarding the eligible activities the City has completed during the 18 CDBG-12916 Technical Assistance.
10. First Reading of Ordinance CCO-23-XX Amending Chapter 10.44 Restricted Parking: Eliminating Two-Hour Parking in Specific Locations
Background: At the July 24th City Council meeting, staff was directed to bring back to Council an ordinance amendment removing certain 2-hour parking spaces. Council will review the proposed ordinance, hear public comment, and take action on the proposed amendment.
Report By: Todd Juhasz, City Manager/Robert Gibson, Chief of Police Recommended Council Action: Staff respectfully requests the City Council approve the first reading of the proposed Ordinance amendments to Mount Shasta Municipal Code Section 10.44.080 Parking Restricted, by title only, and move the Ordinance to a second reading and adoption.
Mt. Shasta City Council Regular Meeting August 14, 2023 2 4-45
Page
46-50
Page
51-53
Page
54-57
Mt. Shasta Regular City Council Meeting Agenda
Monday, August 14, 2023
11. Discussion and Possible Action: Consideration of an Ordinance Establishing a Minimum Floor Price Law (MFPL) to Help Decrease Tobacco Use
Background: At the July 24th, 2023 Council meeting, a presentation was made regarding a model ordinance that was prepared to assist California cities and counties interested in establishing or strengthening a local tobacco retailer licensing program (“TRL”) and further regulating the tobacco retail environment with the aim of adopting this ordinance within Mt Shasta. Council will consider the possibility of instituting such an ordinance in the City.
Report By: Todd Juhasz, City Manager
Recommended Council Action: Direct staff regarding preparation of a Comprehensive Tobacco Retailer Licensing Ordinance for Mt Shasta
CITY COUNCIL/STAFF REPORTING PERIOD
12. Reports Re: Outside Meetings: None
13. Future Agenda Items and Meetings (Appearing on the agenda within 60-90 days):
a. CALFIRE Volunteer Fire Assistance Grant Acceptance – 8/28/2023 b. Emergency Shelter Ordinance – 9/2023
c. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD d. Discussion and Possible Action regarding the Active Transportation Committee – TBD Future Agenda Items Over 90 Days:
d. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
14. Adjourn
I, Kathryn Joyce, declare under penalty of perjury that this agenda has been posted at least 72 hours in advance at the Mt.
Shasta City Hall, 305 N. Mt. Shasta Blvd, Mt. Shasta, CA, in the glass case and on the City website at www.mtshastaca.gov.
Agendas and packets shall be made available at least 72 hours in advance of regular meetings and 24 hours in advance of special meetings on the City’s web site. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting shall be made available on the City’s web site www.mtshastaca.gov.
Availability of Public Records: All public records related to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at City Hall located at 305 North Mt. Shasta Blvd.
The City of Mt. Shasta does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or provision of services. In compliance with the Americans with Disabilities Act, if you need special assistance, a disability-related modification or accommodation, agenda materials in an alternative format, or auxiliary aids to participate in this meeting, please contact the Office of the City Clerk at 530-326-7516 or [email protected] as soon as possible.
Providing at least 72 hours’ notice will help ensure that reasonable arrangements can be made.
Mt. Shasta City Council Regular Meeting August 14, 2023 3 Page
58-103
Mt. Shasta City Council Regular Meeting DRAFT Minutes
Monday, July 24, 2023; 5:30 p.m.
City Park Upper Lodge 1315 Nixon Road, Mt. Shasta
Meeting allowed for virtual attendance via ZOOM
“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipal services and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
STANDING AGENDA ITEMS
1. Call to Order and Flag Salute: At the hour of 5:29 p.m. Mayor Clure called the meeting to order and led the audience in the flag salute.
2. Roll Call:
Council Members Present: Redmond, Stackfleth, Clure, Collings Council Members Absent: Stearns
3. Special Presentations:
Amanda Berryhill, California Health Collaborative – Review of tobacco statistics in Mt. Shasta and proposed policy to reduce tobacco use.
Clarifying questions from Council.
4. Public Comment:
Nancy Gandrau – Comments regarding parking on Castle Street.
Betty Kreeger – Comments regarding the sidewalk in front of Pipeline restaurant.
Hiten Patel – Comments in opposition to an increase in Transient Occupancy Tax.
5. Council and Staff Comments:
Todd Juhasz, City Manager – Comments updating progress on the Pine Street project, Sewer Interceptor project, wastewater treatment plant, and Oak Street project.
6. Committee Updates:
a) Downtown Enhancement Advisory Committee
b) Library Tax Advisory Committee
c) Beautification Committee
d) Active Transportation Committee
Todd Juhasz, City Manager – Review of meeting dates.
CITY COUNCIL BUSINESS
Mt. Shasta City Council Regular Meeting August 14, 2023 4 City of Mt. Shasta Regular City Council Meeting Minutes Monday, July 24, 2023
7. Consent Agenda:
COUNCIL ACTION: Approved the following Consent Agenda items. All Resolutions and Ordinances on this agenda, or added hereto, shall be introduced or adopted, as applicable, by title only, and the full reading thereof is hereby waived.
a. Approval of Minutes: July 10, 2023 Regular City Council Meeting MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Collings, Clure
NOES: None
ABSENT: Stearns
ABSTAIN: None
8. Approval of Request for Proposals (RFP) for Library Services Todd Juhasz, City Manager – Review of proposed RFP for Library Director services.
Betty Kreeger – Comments pertaining to the staff report, comments in support of former Library Director.
Melanie Larsen – Comments in support of the former Library Director, comments regarding the Restrict Act.
Robert – Comments in support of the former Library Director.
Vicki Gold – Comments in support of the former Library Director.
Council discussion.
COUNCIL ACTION: Approve the Request for Proposals to hire a Library Director to be circulated.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Collings, Clure
NOES: None
ABSENT: Stearns
ABSTAIN: None
9. Discussion and Possible Action: Parking Restriction on East Castle Street Tessa Clure, Mayor – Comments expressing the desire of Councilmember Stearns to postpone the item to the next regular meeting.
A motion to continue the item was made by Mayor Clure, seconded by Councilmember Collings. The motion failed 2-2-1-0 (Ayes: Clure, Collings. Nays: Stackfleth, Redmond. Absent: Stearns.) and the item was heard by Council.
Todd Juhasz, City Manager – Review of parking areas to be discussed. Comments regarding enforcement of twohour parking.
Robert Gibson, Chief of Police – Comments regarding chalking tires, review of areas in question. Explained that it is not feasible to create a handicap space.
Clarifying questions from Council.
Nancy Gandrau – Presented signatures from customers that have difficulty parking. In support of enforcement of two-hour parking, request that Council not eliminate the two-hour parking in front of her business.
Clarifying questions from Council.
Debbie Castro – Comments regarding extended parking in the two-hour spaces. In support of enforcement of twohour parking.
Council and staff discussion.
COUNCIL ACTION: Recommend to staff to amend the Municipal Code to eliminate two-hour parking on East Caste and on Old McCloud Avenue between Ream and Mt. Shasta Boulevard on the south side.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Clure
Mt. Shasta City Council Regular Meeting August 14, 2023 5 City of Mt. Shasta Regular City Council Meeting Minutes Monday, July 24, 2023
NOES: Collings
ABSENT: Stearns
ABSTAIN: None
Recess: 6:39 p.m.-6:49 p.m.
10. Approving Ballot Argument for Measure S: Transient Occupancy Tax Measure Todd Juhasz, City Manager – Review of staff report; ballot item, argument for the measure by Council. Review of cons and options for argument against and rebuttals.
Clarifying questions from Council.
No public comment.
Council discussion.
COUNCIL ACTION: Approve submittal of the ballot argument for Measure S relating to the proposed increase in Transient Occupancy Tax.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Collings, Clure
NOES: None
ABSENT: Stearns
ABSTAIN: None
11. Discussion and Possible Action: Short-Term Rental Management Software Purchase Muriel Terrell, Finance Director – Review of request to change to a new vendor for short-term rental management.
Clarifying questions from Council.
No public comment.
Council discussion.
COUNCIL ACTION: Award a contract for Professional Service to perform Short Term Rental Management to GovOS.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Collings, Clure
NOES: None
ABSENT: Stearns
ABSTAIN: None
12. TRC Contract Amendment
Todd Juhasz, City Manager – Review of contract amendment, not-to-exceed amount, anticipated time period.
Clarifying questions from Council.
No public comment.
COUNCIL ACTION: Approve an amendment to TRC Solutions Contract with the City to allow for additional funds to complete consultant planning work as needed until a Planning Manager is recruited.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Collings, Clure
NOES: None
ABSENT: Stearns
ABSTAIN: None
Mt. Shasta City Council Regular Meeting August 14, 2023 6 City of Mt. Shasta Regular City Council Meeting Minutes Monday, July 24, 2023
13. Salary Increase for Planning Director
Todd Juhasz, City Manager – Review of item, possible hiring of new Planning Director, proposed salary adjustment.
No public comment.
Council discussion.
COUNCIL ACTION: Approval to raise the salary for a Planning Director on par with the Public Works Director’s Salary, $120,000 plus a one-time not to exceed relocation allowance of $7,500.
MOTION TO APPROVE: Stackfleth
SECOND: Redmond
AYES: Redmond, Stackfleth, Collings, Clure
NOES: None
ABSENT: Stearns
ABSTAIN: None
14. Reports On Outside Meetings: None
15. Future Agenda Items (Appearing on the agenda within 60-90 days):
COUNCIL ACTION: Reviewed items a through d. Item added: Discussion regarding minimum price ordinance for tobacco retailers.
a. Vacation of Field Street – 8/14/2023
b. Discussion and Possible Action: McCloud Avenue Parking Prohibition – TBD c. Discussion and Possible Action regarding the Active Transportation Committee – TBD Future Agenda Items Over 90 Days:
d. Discussion and Possible Action: Review of Chapter 13.95 Extraction and Exportation of Groundwater from the City of Mt. Shasta
16. Adjourn: There being no further business, the meeting was adjourned at 7:14 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting August 14, 2023 7 Mt. Shasta City Council Special Meeting DRAFT Minutes
Thursday, July 27, 2023, 2:00 p.m.
305 N. Mt. Shasta Blvd, City Hall
Mt. Shasta, CA
“Our mission is to maintain the character of our “small town” community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipal services and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
STANDING AGENDA ITEMS
1. Call to Order and Roll Call: Meeting was called to order at 2:07 p.m. by Mayor Clure.
Council Members Present: Redmond, Clure, Collings
Council Members Absent: Stearns, Stackfleth
CITY COUNCIL BUSINESS
2. Approval of CCR-23-20, Authorizing Ballot Arguments and Rebuttal Arguments for Measure S, Transient Occupancy Tax
Todd Juhasz, City Manager – Review of Election Clerk’s request for resolution.
Todd Anthis – Comments in opposition to tax.
Council discussion.
COUNCIL ACTION: Approve CCR-23-20, Authorizing Ballot Arguments and Rebuttal Arguments for Measure S, Transient Occupancy Tax
MOTION TO APPROVE: Collings
SECOND: Redmond
AYES: Redmond, Clure, Collings
NOES: None
ABSENT: Stackfleth, Stearns
ABSTAIN: None
1. Adjourn: There being no further business, the meeting was adjourned at 2:27 p.m.
Respectfully Submitted By: Kathryn M. Joyce, Administrative Assistant/Deputy City Clerk Mt. Shasta City Council Regular Meeting August 14, 2023 8 City Council Agenda Item #7b
Staff Report
Meeting Date: August 14, 2023
To: Mayor and City Council
From: Muriel Howarth Terrell, Finance Director
Subject: Approval of Warrants and Payroll
Recommendation:
Staff requests the Mayor and City Council Approve warrants paid including payroll benefits and withholding, and payroll distribution, in the amount of $2,699,962.04.
Background & Summary:
Approval of Check Numbers 50752-50988 $ 2,380,923.02
Total Payroll Distribution $ 183,108.49
Total EFTPS – CalPERS, Nationwide $ 48,684.64
Total Payroll EFTPS Taxes $ 87,245.89
$ 2,699,962.04
Financial Impact:
Expenditures are consistent with the Budget that the City Council has adopted.
Attachments:
1.) Check Registers – 7/513/23, 7/19/23, 7/25/23, 7/26/23, 8/8/23, 8/9/23
2.) ACH Payroll Distribution – 7/13/23, 7/27/23
3.) EFTPS Reports – 7/13/23, 7/27/23
Regular
x Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting August 14, 2023 9 Mt. Shasta City Council Regular Meeting August 14, 2023 10 Mt. Shasta City Council Regular Meeting August 14, 2023 11 Mt. Shasta City Council Regular Meeting August 14, 2023 12 Mt. Shasta City Council Regular Meeting August 14, 2023 13 Mt. Shasta City Council Regular Meeting August 14, 2023 14 Mt. Shasta City Council Regular Meeting August 14, 2023 15 Mt. Shasta City Council Regular Meeting August 14, 2023 16 Mt. Shasta City Council Regular Meeting August 14, 2023 17 Mt. Shasta City Council Regular Meeting August 14, 2023 18 Mt. Shasta City Council Regular Meeting August 14, 2023 19 Mt. Shasta City Council Regular Meeting August 14, 2023 20 Mt. Shasta City Council Regular Meeting August 14, 2023 21 Mt. Shasta City Council Regular Meeting August 14, 2023 22 Mt. Shasta City Council Regular Meeting August 14, 2023 23 Mt. Shasta City Council Regular Meeting August 14, 2023 24 Mt. Shasta City Council Regular Meeting August 14, 2023 25 Mt. Shasta City Council Regular Meeting August 14, 2023 26 Mt. Shasta City Council Regular Meeting August 14, 2023 27 Mt. Shasta City Council Regular Meeting August 14, 2023 28 Mt. Shasta City Council Regular Meeting August 14, 2023 29 City Council Agenda Item # 7c
Staff Report
Meeting Date: August 14, 2023
To: Mayor and City Council
From: Ken Kellogg, Public Works Director and Todd
Juhasz, City Manager
Subject: Declaration of Surplus Equipment
Recommendation:
Staff respectfully requests the City Council Adopt Resolution CCR-23-XX A Resolution of the City Council of the City of Mt. Shasta Declaring Certain Vehicles and Equipment as Surplus Property.
Background & Summary:
Staff has identified vehicles and equipment that are no longer necessary for City operations and should be declared surplus for the purpose of disposal. Such equipment will be sold to recover whatever remaining value it has.
Attachments:
Proposed Resolution with Attachment
Regular
X Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting August 14, 2023 30 RESOLUTION CCR-23-XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
DECLARING CERTAIN VEHICLES AND EQUIPMENT
AS SURPLUS PROPERTY AND
AUTHORIZING DISPOSAL
WHEREAS, the Department Directors of the City of Mt. Shasta have identified certain Cityowned equipment that is no longer necessary to the City’s operations and are taking up storage space; and
WHEREAS, the City has the power under Section 37350 of the Government Code to dispose of property for the common benefit; and
WHEREAS, the City Council finds that the realization of the salvage value of property that is no longer necessary for operational needs so that it might be applied to acquisition of new equipment would be of benefit to the City and its citizens.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mt. Shasta that the personal property described on the attached Exhibit “A” is determined to be excess to the City’s operational needs and is authorized for disposal.
The foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Mt. Shasta on the 14th day of August, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATED: August 14, 2023
CITY OF MT. SHASTA
ATTEST:
Tessa Clure, Mayor
Kathryn M. Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting August 14, 2023 31 Exhibit “A”
Surplus Property List
1. 1999 Jeep Cherokee VIN#1J4FF68S8XL657116 License #1094619 Mt. Shasta City Council Regular Meeting August 14, 2023 32 Department Statistics
Calls for Service July 2022 July 2023 Change
980 752 -23.26%
Cases Taken July 2022 July 2023 Change
103 51 -50.48%
Arrests Made July 2022 July 2023 Change
45 23 -48.88%
980 942 1006
848
647 571 667 707
548
678 688 779 752
0 200
400
600
800
1000
1200
Calls for Service
Calls for Service
103
82 77
98 36 36 53 51 37 43 43 51 51
0 50
100
150
Cases Taken
Cases Taken
45 38
28 28
15 16 15
24 10
19 13
44 23
0 10
20 30
40 50
Arrests Made
Arrests Made
Mt. Shasta City Council Regular Meeting August 14, 2023 33 Warrant Arrests July 2022 July 2023 Change
5 0 -100%
Top 5 Calls
July 2022 July 2023
Alarm 35 Trespass 34
Medical 30 Medical 28
415-Disturbing the Peace 29 Animal Complaint 20
Animal Complaint 22 Public Assist 19
Trespassing 20 Check Welfare- Person 17
5 4
6 4 4
2 4 4
2 6
3 4
0 0
1 2
3 4
5 6
7 Warrant Arrests
Warrant Arrests
0 5 10 15 20 25 30 35 40
7/1/2022
8/1/2022
9/1/2022
10/1/2022
11/1/2022
12/1/2022
1/1/2023
2/1/2023
3/1/2023
4/1/2023
5/1/2023
6/1/2023
7/1/2023
Yearly Top 5 Calls July 2022-2023
Column1 Animal Complaint Disturbing the Peace
Suspicious Circumstances Suspicious Vehicle Suspicious Person Mt. Shasta City Council Regular Meeting August 14, 2023 34 Crime Statistics
Crimes
July 2022 July 2023 Change July 2022-July 2023
Yearly Total
Assault – Physical 6 6 0% 49
Assault – Verbal 0 0 0% 1
Disturbing the Peace 29 32 +10.34% 223
Domestic Disturbance 1 2 +100% 16
Domestic Violence 3 2 -33.33% 22
Fraud 1 1 0% 11
Public Intoxication 11 2 -81.81% 51
Stolen Vehicle 1 3 +200% 15
TC Hit & Run 1 1 0% 22
Theft from Vehicle 0 0 0% 0
Theft – Grand 5 0 -100% 12
Theft – Petty 9 7 -22.22% 56
Theft – Shoplifting 1 0 0% 1
Trespassing 20 21 -22.22% 205
Vandalism 12 4 -33.33% 52
6 3
8 5
0 2
5 2
4 2 1
6 5
0 5
10 Assault - Physical
Assault - Physical
0 0 0 0 0 0 0 0 0 0 0 0
1 0
0.5 1
1.5 Assault - Verbal
Assault - Verbal
28 28 34
16 9 7 7 13 12 12 11
32 14
0 20
40 Disturbing the Peace
Disturbing the Peace
Mt. Shasta City Council Regular Meeting August 14, 2023 35 1 1
2 4
2 2
1 0 0
1 0
2 0 0
2 4
6 Domestic Disturbance
Domestic Disturbance Column1
3 4
2 1
0 1 1
2 0
1 0
2 5
0 2
4 6
Domestic Violence
Domestic Violence
1 0
2 1
0 2 2
0 1
0 0
1 1
0 1
2 3
Fraud
Fraud
11 4 4 2 3 3 2
6 3 2 1 2
8 0
5 10
15 Public Intoxication
Public Intoxication
1 4
0 0
2 1
2 0 0
2 0
3 0 0
2 4
6 Stolen Vehicles
Stolen Vehicles
Mt. Shasta City Council Regular Meeting August 14, 2023 36 1 2
1 1 1
4 3
2 1
0 3
1 2
0 2
4 6
Traffic Collisions - Hit & Run
Traffic Collisions - Hit & Run
0 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
Theft from Vehicle
Theft from Vehicle
5 0 0
1 1
0 1
0 1 1 1
0 1 0
2 4
6 Theft - Grand
Theft - Grand
9 0
10 5 3 1 2 3 1 1
6 7 8
0 5
10 15
Theft - Petty
Theft - Petty
1 0 0 0 0 0 0 0 0 0 0 0 0 0
0.5 1
1.5 Theft - Shoplifting
Theft - Shoplifting
Mt. Shasta City Council Regular Meeting August 14, 2023 37 Traffic Summary
July 2022 July 2023 Change
Traffic Stops 142 61 -57.04%
Traffic Citations Issued 26 4 -84.61%
20 27 26
15 11 6 10 6 9 14
6 21
34 0
20 40
Trespassing
Trespassing
12 2 1 3
11 1 1 3 3 2 4 4 5
0 5
10 15
Vandalism
Vandalism
142
117
223
173 154
125
97 128
62 114
61 58 61
26 28 22 19 18 12 8 15 4 0 12 7 9 4
50 100
150
200
250
Traffic Stops
11-95 Traffic Citations Issued
Mt. Shasta City Council Regular Meeting August 14, 2023 38 Traffic Collisions
July
2022
July
2023
Change July 2022-July 2023
Yearly Total
TC – DUI 0 0 0% 2
TC – Hit & Run 1 2 +100% 24
TC – Info Exchange 3 7 +6000% 62
TC - Injury 2 1 -50% 16
Total 6 10 +66.66% 104
Traffic Accident Location Summary
501 S Mt Shasta Blvd- Hit & Run-Non Injury
Ski Bowl Dr/Rockfellow Dr- Hit & Run, Non Injury
426 Chestnut St-Non Injury, Parties Exchanged Information 410 W Lake St-Non-Injury, Parties Exchanged Information 1516 S Mt Shasta Blvd-Non Injury, Parties Exchanged Information W Lake St/N Mt Shasta Blvd- Non Injury, Parties Exchanged Information 305 N Mt Shasta Blvd- Non Injury, Parties Exchanged Information 313 N Mt Shasta Blvd- Non Injury, Parties Exchanged Information 805 Carmen Dr- Non Injury, Parties Exchanged Information 112 E Alma St- Collision w/Injury
0 0 0 0
1 0 0 0 0 0
1 0 0
1 2
1 1 1
4 5
2 1
0 3
1 2
3 3
6 1
8 3
2 9 9
2 4
5 7
2 2
3 1
3 1
0 0 0
1 0
2 1
0 1
2 3
4 5
6 7
8 9
10 Traffic Collisions
TC - DUI Hit & Run TC - Info Exchange TC - Injury
Mt. Shasta City Council Regular Meeting August 14, 2023 39 DUI Summary
July 2022 July 2023 Change
DUI Complaints NA NA NA
DUI Arrests 12 4 --66.66%
* DUI Complaints no longer tracked in new CAD system as of 11/01/2022.
Patrol Information
Foot Patrol
July 2022 July 2023 Change July 2022-July 2023
Yearly Total
69 29 -57.97% 482
Frequent foot patrol areas include:
• City Park
• Shastice Park
• Downtown Mount Shasta
• Roseburg Property
• Behind commercial business
such as Ray’s Food Place, the
Cinema, and Rite Aid
• Dense brush areas in multiple
residential areas.
12 10
2 6 6
4 7
5 2 2
0 2
4 0
5 10
15 DUI Summary
DUI Complaints DUI Arrests
69 41 45 41 33 21 33 42 30 30 42 26 29
0 50
100
Foot Patrol
Foot Patrol
Mt. Shasta City Council Regular Meeting August 14, 2023 40 Municipal Summary
Municipal Calls for Service
July 2022 July 2023 July 2022-July 2023
Yearly Total
Muni Code – Other 7 11 93
Muni Code - Parking 13 7 74
Total 20 18 167
LiveScans July 2022 July 2023
11 28
Court Activity
7 10
7 3 4
1 3
8 4 4 5
7 11
13 13
8 4
6 3
0 4 4
2 10
19 7
0 5
10 15
20 Municipal Calls for Service
Muni Code - Other Muni Code - Parking
0 2
5 6 4 2 2 1 3 2 2 2 4
0 10
Court Activity
Court Activity
Mt. Shasta City Council Regular Meeting August 14, 2023 41 Social Media
Facebook
Followers Posts Reach Engaged Users Reactions
10,839 10 38,996 7367 1131
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Mt. Shasta City Council Regular Meeting August 14, 2023 42
DOWNTOWN ENHANCEMENT ADVISORY COMMITTEE
Special Meeting Minutes
Mount Shasta City Council
Wednesday, July 26, 2023, 8:30am
“Our mission is to maintain the character of our ‘small town’ community while striking an appropriate balance between economic development and preservation of our quality of life. We help create a dynamic and vital City by providing quality, cost-effective municipal services and by forming partnerships with residents and organizations in the constant pursuit of excellence.”
STANDING AGENDA ITEMS
1. Call to Order: Committee Member Ashley Hagge called the meeting to order at 8.39 a.m.
2. Roll Call:
Present: Erika Bruser, Dani Williams, Ashley Hagge
Absent: Jake Pritchard
3. Public Comment: None
4. Staff / Member Comments: None
5. Consent Agenda: Approval of Minutes: Dani/Ashley
6. Art Public Spaces / Sculptures / Murals:
Flower of Life: Waiting on date for Contractor, and payment of invoice. Once date aligned Erika let Artist know to arrange unveiling.
7. Bike Racks: New bike rack in at The Gallery. Need social media photo. Need to find another spot for the next one. Farmers Market would like one near Castle Street. Todd to talk to Public Works regarding utilizing on corner.
8. Parker Plaza/ Castle parking lot improvements: Tabled for next meeting
9. Power Box Art Waiting on Dragon Graphics to print and install. Reviewed map of where powerboxes are. 7 large boxes by Fifth Season and Pepsi building. Erika create a art contest for the artwork to wrap remaining boxes. Draft for contest ready for next meeting. End of October art contest concludes and announce winners. Ask businesses to be involved in voting, and possibly donating prize.
10. Streetscapes/Wayfinding/Logo signs: Signage needs to meet federal MUTCD outlines, and go to planning commission. An Artist will develop a branding outline, and create a packet that we can present. Revisit in October to develop guidelines for artist.
11. Façade Improvements Reviewed outline & application. Defined requirements of application.
12. Budget: No information at the moment.
13. Events & Biketoberfest: Tabling this event for next year due to timing. In winter months draft up permit list, site map, timeline, insurance, race course. Define in March and get confirmed and set.
14. Downtown Expansion Communication: Ashley queried if downtown area will be enforced by parking time limits. In order to expand downtown we would need to bring a vote to the business owners in the expanded area for their buy in. Enquiring about raising the parking fees portion for the business license. Also, can we include an additional annual fee for parklets to be included. Pitch to Council Mt. Shasta City Council Regular Meeting August 14, 2023 43 that DEAC needs to establish surcharge for annual renewal of use fee, for the purposes that DEAC runs on parking fees, now taking public right of way for business use and DEAC cannot raise funds off.
15. Communications Social media photo opportunities to organize.
16. Future Agenda Items:
a. Budgeting
b. Art in Public Places / Sculptures / Murals
c. Power Boxes / Events
d. Bike Racks
e. Downtown Expansion
f. Streetscapes / Wayfinding Signs / Branding
g. Parker Plaza
h. Castle Street Carpark Improvements
i. Communications
j. Façade Improvements
12. Adjourn: 9.33 am
Mt. Shasta City Council Regular Meeting August 14, 2023 44 Beau�fica�on Commitee - Mee�ng Minutes
July 10, 2023 special mee�ng
1. Call to Order
4:15 PM
2. Roll Call
Present: Lori Saunders, Terez Mania�s, Brenna Montagne
Absent: Britney Charlesworth Lynn, Linebarger
Guests: none
3. Special Presenta�ons and Announcements: none
4. Public Comment: none
5. Mee�ng Minutes Review and Approval
Lorie made a mo�on to approve the May minutes and Terez seconded, all in favor
6. Staff and Member Comments
Lorie – library plan�ngs are about 50% cleaned up, will need to prune the crabapples.
Brenna – downtown clock and thermometer are not func�oning, and newly installed power poles are missing sidewalk where they connect to the ground. Lorie will ask Ken about both
7. Discussion and Possible Ac�on: Poten�al loca�on of memorial bench -Lorie spoke with the family. She shared the op�ons of castle street or Shas�ce park by the playground (family liked this loca�on)
8. Discussion and possible ac�on: Spring 2023 Work Dates – ongoing Pause for now, discuss at August mee�ng
9. Discussion and possible ac�on: Pole Banners
Lorie to ask Ken to atend an upcoming mee�ng so we can discuss. Brenna will get a count of the number of loca�ons on the poles (dra� document states 61)
10. Discussion and possible ac�on: Budget update
Lorie to look at email from Muriel
11. Discussion and possible ac�on: Long-term Beau�fica�on goals Future agenda item
11. Adjourn Mee�ng
5:10 PM
Next mee�ng August 9th
Mt. Shasta City Council Regular Meeting August 14, 2023 45 Agenda Item # 8
Staff Report
Meeting Date: August 14th, 2023
To: City Council
From: City Manager
Subject: Proposed vacation of a ½ of a block long segment of Field Street Recommended Action:
Motion to approve/deny the vacation of a one-half of a block long segment of Field Street north of Chestnut and South of Alder Alley in order to accommodate an approved affordable housing project.
Summary:
DANCO, a developer of affordable housing, gained the approval of the Planning Commission earlier this year on a 25 unit affordable housing project. Part of the site plan for the development includes the vacation of one-half of the right-of-way along Field Street between Chestnut and Alder Alley.
Council members may recall that at the August 8th, 2022 Council Meeting, the City agendized the proposed vacation of Field Street as part of ensuring that the City had support for the affordable housing project. Staff was directed to bring the request for the vacation of the street back for Council approval once the projectwas approved by the Planning Commission so as not to appear as if the City were “piecemealing” the project under CEQA.
The lot on which this project is to be developed is bounded by Field, Ivy, Chestnut, and Alder Alley. The width of Field Street for which the vacation is sought is 80’. Vacating one-half of the street would leave 40’ of right-of-way which provides sufficient space to accommodate emergency response vehicles, including a fire truck (AASHTO). The adjacent segment to the north of Alder Alley has already been vacated and deeded to a private property owner. In addition, the vacation has been reviewed and approved by our Public Works Director.
A copy of the survey is attached for reference.
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting August 14, 2023 46 Mt. Shasta City Council Regular Meeting August 14, 2023 47
RESOLUTION CCR-23-XX
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
VACATING A PORTION OF FIELD STREET
WHEREAS, THE DANCO 25 Unit affordable housing project requires use of a portion of Field Street for use of a retention basin required by the project; and WHEREAS, the City of Mt. Shasta is interested in securing additional affordable housing for its citizens; and
WHEREAS, the City Council finds that the portion of Field Street shown on "Exhibit A" attached is unnecessary for present or prospective public use; and WHEREAS, the City Council finds that the portion of Field Street shown on "Exhibit A" attached is excess right-of-way not required for street or highway purposes; and WHEREAS, the City Council finds that the vacation of the portion of Field Street described in "Exhibit A" attached will not affect any in-place public utility facilities; and WHEREAS, the City Council finds that the vacation of a portion of Field Street to be used by DANCO to advance the 24-unit affordable housing project is in the public's interest and will benefit the citizens of Mt. Shasta.
NOW, THEREFORE BE IT RESOLVED, that the City Council hereby resolves that the portion of Field Street shown on "Exhibit A" attached is vacated; and IT IS FURTHER RESOLVED that the City Clerk is directed to record this Resolution, certified and accompanied with an attestation under seal, with the Siskiyou County Recorder; and IT IS FURTHER RESOLVED that the vacated portion of Field Street shown on "Exhibit A" attached may be used by DANCO for the purpose of maintaining a retention basin necessary for its low-cost housing project.
IT IS FURTHER RESOLVED that the City Manager is authorized to execute all documents necessary to permit the vacation of Field Street and its use as a retention basin for the DANCO project.
PASSED, APPROVED, AND ADOPTED this 14th day of August 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mt. Shasta City Council Regular Meeting August 14, 2023 48
DATED: August 14, 2023
CITY OF MT. SHASTA
Tessa Clure, Mayor
ATTEST:
Kathryn Joyce
Deputy City Clerk
Mt. Shasta City Council Regular Meeting August 14, 2023 49 Exhibit "A"
A parcel of land located in the Northeast One-quarter of the Northwest One-quarter of Section 16, Township 40 North, Range 4 West, Mount Diablo Base and Meridian, in the City of Mount Shasta, Siskiyou County, State of California, being more particularly described as follows:
Beginning at a point located on the Northeasterly line of the City Street known as "Chestnut Street", said point being the most westerly corner of Lot 32 of Block 18 of the City of Mount Shasta as shown on that certain map on file in the Office of the Siskiyou County Recorder in Book 1 of Town Maps at page 9, said point being the POINT OF BEGINNING for this parcel of land description; Thence, along the northwesterly line of said Block 18, North 45° 26' 30" East for a distance of 125.00 feet, to the most northerly corner of said Lot 32;
Thence, on a line parallel with the Southwesterly line of the 20.00 feet wide Alley of said Block 18, North 44° 33' 30" West for a distance of 40.00 feet, to the Center Line of the City Street known as "Field Street; Thence, along the said Center Line of "Field Street", South 45° 26' 30" West for a distance of 125.00 feet, to the said Northeasterly line of the above-described "Chestnut Street"; Thence, along the said Northeasterly line of "Chestnut Street", South 44° 33' 30" East for a distance of 40.00 feet, to the Point Of Beginning and the TERMINUS of this parcel of land description.
Bearings, distances, and corners for this description are based on that certain map on file in the Office of the Siskiyou County Recorder in Book 15 of Record Surveys at page 83.
Reserving on behalf of the City of Mt. Shasta any portion of a 20.00' (feet) wide public utilities easement located within the above-described parcel of land, the center line of said easement described as follows:
Beginning at a point on the above-described Northeasterly line of the City Street known as "Chestnut Street", said point being located 5.00' (feet) northwesterly of, as measured perpendicular to, the now-existing sewer line, and said point being the POINT OF BEGINNING for this center line description:
Thence, Northeasterly, and parallel with said sewer line, to a point on the above-described Southwesterly line of the 20.00 feet wide Alley of said Block 18, said point being the TERMINUS of this center line description.
The side lines of this easement are to be prolonged or shortened so as to begin on the above-described Northeasterly line of the City Street known as "Chestnut Street" and end on the above-described Southwesterly line of the 20.00 feet wide Alley of said Block 18.
Prepared by Gregg Neitsch, LS 7991
Date: July 21, 2023 Rev.1
Signed: Seal
Mt. Shasta City Council Regular Meeting August 14, 2023 50 City Council Agenda Item #9
Staff Report
Meeting Date: August 14, 2023
To: Mayor and City Council
From: Muriel Howarth Terrell, Finance Director
Subject: Public Hearing Closeout of 18-CDBG-12916 Technical Assistance Recommendation:
Open a public hearing to give citizens an opportunity to make their comments known regarding the eligible activities the City has completed during the 18 CDBG-12916 Technical Assistance.
Background & Summary:
Jefferson Economic Development Institute (JEDI) has provided Microenterprise Technical Assistance Services and workshops for the businesses and start- up businesses within the City of Mt. Shasta over a 15-month grant period. Attached is a narrative from JEDI that describes the number of people served throughout that time period. This public hearing is a required meeting to discuss the grant program, highlight successes, challenges and future needs for future grant applications.
x Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting August 14, 2023 51 Narrative for 18-CDBG-12916 Technical Assistance
October- December 2021
JEDI’s, subrecipient, Microenterprise Technical Assistance Program served 48 people in the City of Mt.
Shasta, providing business technical assistance and workshops that continued to address Covid and the need for continued Covid grant support. Eleven received Covid-related grants totaling $95,000. We were only able to certify one of the 48 people served, but we estimated that 23 qualified based on income and address. 24 hours of technical assistance were spent on the CDBG micro grant program for the City of Mt. Shasta. We were hoping to get those people CDBG-certified for future services. We were also hoping to convert many of the seven people interested into CDBG-eligible clients and grant recipients.
The smallest businesses, especially women of color-owned small businesses, were hit the hardest by the pandemic and lost the most. We will be reaching out with new marketing efforts. We have a new opportunity to offer micro-grants of $5,000 and $10,000 to a business just starting up to 18 months in business. These funds are from the state and eligible recipients must complete our “Business Accelerator” program. We will be launching this in the next quarter.
January- March 2022
JEDI’s Microenterprise Technical Assistance Program provided business technical assistance and workshops to 53 people from the City of Mount Shasta. That continues to address Covid and address the need for continued Covid grant support. As we build up the pool of CDBG-eligible business owners in Mt. Shasta, we also build the overall support of small and micro businesses in their economic recovery. We provided 44 hours of technical assistance to 11 CDBG-eligible people, and one took a financial management workshop. This program providing technical assistance to starting and emerging small businesses is having an impact.
The state of California's Dream Fund Grant program was specialized program we supported with these funds. We had 50 people enrolled in this program.We had three CDBG-eligible clients participating in the Business Accelerator Training for the Dream Fund Grant program. They are taking a 12-week startup business class and may be eligible to apply for a Dream Fund grant of $5,000 or $10,000 to seed their start-up.
April –June 2022
JEDI's Microenterprise TA Program picked up steam and we were making referrals to the City's Microenterprise Loan program and other sources for business capital. We were excited by the business's starts in this environment post-pandemic. The number of unique clients served will always be under the goal because the town's demographics have shifted. The goals were written many years ago prepandemic. Services have gotten more intensive with qualifying clients to actualize their business goals. In the 3-month report period of April through June 2022, we served 55 clients from the City of Mt Shasta, and 15 CDBG Eligible clients were served. 15 businesses owned by CDBG Eligible clients created 2 jobs and retained 12 jobs. 14 of the CDBG-eligible clients received 33 hours of business counseling and 4 attended 30 hours of training on Business Start-Up Accelerator for the Dream Fund Grant (2 clients), Dream Big, and Fund It (1 client), and the Women's Business Leadership Circle (1 client). Of the 15 clients served this quarter, 5 owned existing businesses when they came to the WBC at JEDI, 5 owned start-ups (less than 12 months in business), and 5 were working on starting pre-venture businesses. 45 Mt. Shasta City Council Regular Meeting August 14, 2023 52 of the City of Mt. Shasta entrepreneurs received 109 hours of business counseling in 104 sessions and 21 attended 15 group training sessions for a total of 177 attendance hours in the following events:
Mompreneurs (1 client), SBIR Seeks Women (1 client), Women's Business Leadership Circle (2 clients), Business Start Up Accelerator for the Dream Fund Grant (7 clients) and Dream Big and Fund It (8 clients).
In the 3-month report period of April through June 2022, we served 55 clients from the City of Mt Shasta, and 15 CDBG eligible clients were served.
15 businesses owned by CDBG eligible clients created 2 jobs and retained 12 jobs. 14 of the CDBGeligible clients received 33 hours of business counseling and 4 attended 30 hours of training on Business Start-Up Accelerator for the Dream Fund Grant (2 clients), Dream Big, and Fund It (1 client), and the Women's Business Leadership Circle (1 client).
Of the 15 clients served this quarter, 5 owned existing businesses when they came to the WBC at JEDI, 5 owned start-ups (less than 12 months in business), and 5 were working on starting pre-venture businesses.
In 15 months of grant activity, eligible clients served owned 25 businesses, nine of which were preventure businesses at entry, 7 start-up businesses at entry (<12 months since start date), and 9 operating businesses at entry. Of the nine pre-venture businesses, three have started since entry.
In 15 months of activity, 17 jobs were retained and 9 created within the CDBG grant period (15 months) by businesses owned by CDBG-eligible entrepreneurs.
In the full 15 months of the grant, 5 businesses owned by CDBG-eligible clients received $68,300 in investments. 25 CDBG-eligible clients received 145 hours in 144 TA counseling sessions. In 15 months, 15 group training workshops were attended by 7 CDBG-eligible clients.
Mt. Shasta City Council Regular Meeting August 14, 2023 53 City Council Agenda Item # 10
Staff Report
Meeting Date: August 14, 2023
To: Mayor and City Council
From: Robert Gibson, Chief of Police
Subject: Amending Mt. Shasta Municipal Code Section 10.44.080 Parking Restricted: Removing 2 hour parking for specified locations Recommendation:
Staff respectfully requests the City Council approve the first reading of the proposed Ordinance amendments to Mount Shasta Municipal Code Section 10.44.080 Parking Restricted, by title only, and move the Ordinance to a second reading and adoption.
Background & Summary:
At the July 24th City Council meeting, staff was directed to bring bring back to council amendments to the Mount Shasta Municipal Code Section 10.44.080 Parking Restricted, removing two specified restricted parking areas that were determined to be outside the Downtown Neighborhood as defined by Mount Shasta Municipal Code Section 07.08.021.
However, staff has found a 1969 ordinance that established the Business Improvement Area in section 5.26. This section established the business improvement area which had a different area established than what was used in the Downtown Neighborhood, which staff relied on when making their recommendation. While section 5.26 does place both areas mentioned into the business improvement area, the parking section is specific to Off Street Parking Spaces.
MSCM section 10.44.080 (parking restrictions) further does not cover the entire business improvement area but is limited to be primarily in the Downtown neighborhood areas, with some sections, such as the east side of Chestnut Street from Castle Street to E Lake Street having no 2 hour parking restriction. The attached amendment would remove the restricted 2 X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting August 14, 2023 54 2 hour parking from the north portion of East Castle Street from Chestnut Street to the first alley east of Chestnut Street and the 2 hour parking restriction for the north side of Old McCloud Road extending for 75 east of Ream Ave. These changes would bring the restricted parking areas to be closer inline with the Downtown Neighborhood area defined.
Attachments:
Amended MSMC 10.44.080 section
Mt. Shasta City Council Regular Meeting August 14, 2023 55 ORDINANCE CCO-23-XX
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MT. SHASTA
AMENDING SECTION 10.44.080 OF THE
MT. SHASTA MUNICIPAL CODE
WHEREAS, pursuant to Chapter XI, Section 7, of the California Constitution, the City of Mt Shasta (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City Council of the City of Mount Shasta may make amendments to the Mount Shasta Municipal Code section 10.44 as set forth in Mount Shasta Municipal Code section
10.44.130; and
WHEREAS, the City Council of the City of Mount Shasta has determined that the 2-hour parking restriction on the north side of East Castle Street, as enumerated in 10.44.080 (E), and the 2-hour parking restriction on Old McCloud Road east of Ream Avenue, as enumerated in 10.44.080 (M), are unnecessary; and WHEREAS, the City Council of the City of Mt. Shasta has determined that the following changes to Mount Shasta Municipal Code Section 10.44 Parking Restricted are required to allow for the removal of two-hour parking in certain areas.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Mt. Shasta does amend the Mt. Shasta Municipal Code Section 10.44.080 section (E) to read as follows:
10.44.080 Parking Restricted
(E) East Castle Street: two-hour limitation from 9:00 a.m. to 6:00 p.m. (applies to curbside parking only), except Sundays and State holidays:
North Side – From Mt. Shasta Boulevard to Chestnut Street; South Side – From Mt. Shasta Boulevard to Chestnut Street; Center Median – Four-hour limitation from 9:00 a.m. to 6:00 p.m. (applies to Center Median parking only), except Sundays and holidays. From North Mt. Shasta Boulevard to Chestnut Street
BE IT FURTHER ORDAINED that the City Council of the City of Mt. Shasta does further amend the Mt. Shasta Municipal Code Section 10.44.080 to eliminate section (M) and to enumerate the following sections as appropriate.
The foregoing Ordinance was adopted at the regular meeting of the City Council of the City of Mt. Shasta held on this XXX, 2023 by the following vote:
AYES:
NOES:
ABSENT:
Mt. Shasta City Council Regular Meeting August 14, 2023 56 ABSTAIN:
DATED:
ATTEST: CITY OF MT. SHASTA
______________________________ ______________________________ Kathryn M. Joyce, Deputy City Clerk Tessa Clure, Mayor FORM APPROVED:
_____________________________
John Sullivan Kenny, City Attorney
CERTIFICATION
I HEREBY CERTIFY that the foregoing Ordinance CCO-23-XX was introduced, by title only, at a regular meeting of the Mt. Shasta City Council on the 14th day of August, 2023, and was adopted at a regular meeting of said Council on the XXX. ______________________________
Kathryn M. Joyce, Deputy City Clerk
Mt. Shasta City Council Regular Meeting August 14, 2023 57 Agenda Item # 11
Staff Report
Meeting Date: August 14th, 2023
To: City Council
From: City Manager
Subject: Proposed Tobacco Retailer License Ordinance
Recommended Action:
Direct staff to prepare a Comprehensive Tobacco Retailer Licensing Ordinance for Mt Shasta.
Summary:
At the July 24th, 2023 Council meeting, a presentation was made regarding a model ordinance that was prepared to assist California cities and counties interested in establishing or strengthening a local tobacco retailer licensing program (“TRL”) and further regulating the tobacco retail environment with the aim of adopting this ordinance within Mt Shasta.
Communities adopt TRL laws to ensure compliance for the purposes of reducing youth access to tobacco products, limiting the negative public health impacts associated with tobacco use, and in order to enforce local, state, and federal tobacco control laws.
The model ordinance was originally developed by ChangeLab Solutions, a non-partisan nonprofit organization that uses law and policy to advance health equity. The ordinance, written in 2018, was revised further by the Public Health Law Center in 2020. The ordinance further regulates the sale of tobacco products by retailers in cities/counties. It builds upon core provisions such as requiring a local tobacco retailer license by incorporating several policy options. It also reflects changes to state and federal tobacco control laws such as Tobacco 21 and the FDA’s Deeming Rule that expands the FDA’s regulatory authority over all tobacco products. The model ordinance is based on an independent and objective analysis of the relevant law, evidence, and available data. Council should consider aspects of the ordinance that are appropriate for the community.
What is not clear from the model ordinance is who has jurisdiction when conducting compliance checks. Determining this aspect of the ordinance, should Council decide to seek adoption, will require further study.
The core provisions of the model ordinance include:
Tobacco Retail License Requirements
• License required for all tobacco retailing
X Regular
Consent
Closed
Presentation
Mt. Shasta City Council Regular Meeting August 14, 2023 58 • Non-transferable license
• Fees fully cover the cost of enforcement and administration • Applicable to one fixed location
• Age verification required for all transactions
• No pharmacy licenses for tobacco sales
Density Limitations
• Population density: allowable licenses limited by population • Proximity to other retailers: minimum distance from any “youth-friendly facility or location (e.g.school, park, community center)
Prohibitions
• Smoking-including e-cigarette use-is prohibited inside and within 25 feet of a licensed retailer
• All flavored tobacco products, including menthol, prohibited for sale • On-site sales with the final customer only/no deliveries • Self-service displays are prohibited
Packaging and Labeling
• Retailers may only sell products that 1)are in the manufacturer’s original packaging, 2) conform to all federal labeling requirements, and 3) conform to all child-resistant packaging and requirements
• Prices clearly marked
• Minimum quantity for cigarettes and little cigars of 20 • Minimum quantity for non-single purchase cigars of 6
Pricing
• No tobacco products should be sold below an established minimum price • No coupons or discounts honored
• No free samples of promotions
Penalties
• Seeling tobacco products without a license shall result in tiered penalties, including fines and license suspensions
• Violations are a public nuisance
• Options for civil or criminal legal action against retailers Definitions
Mt. Shasta City Council Regular Meeting August 14, 2023 59 • Comprehensive definition of tobacco products including electronic smoking devices, nicotine, products, heated products, other plant products, natural and synthetic products, and components or accessories
License Revocation
• License revoked after a minimum number of violations in a defined period • Enforcement only against employers/licensees
Compliance
• Enforcement conducted by a civil local government agency (e.g. code enforcement department)
• Multiple inspections annually
• Underage decoy operations annually
Miscellaneous
• Include detailed fndings and purpose section
• No purchase, use, possession (PUP) penalties
Mt. Shasta City Council Regular Meeting August 14, 2023 60 Cigarette Minimum Price Modeling Results for Siskiyou
Current Smoking Prevalence: 11.56%, 7% Evasion Rate
The Estimated Total Number of Cigarettes Consumed Across the County Per Month: 1,163,194 Estimated Average Monthly Cigarette Consumption per smoker: 333 MINIMUM FLOOR PRICE LAWS (MFPLs) COUNTERACT INDUSTRY PRICE DISCOUNTING.
Tobacco companies often reduce prices or offer coupons in response to other price policies, like excise taxes. By setting a floor price, MFPLs can offset industry price manipulation, especially if a discount ban is included in the policy.
MFPLs MAY REDUCE DISPARITIES.
MFPLs require a larger price increase for cheaper products than for more expensive ones and may price discount brands out of the market. Neighborhoods with more African Americans and low-income residents have cheaper tobacco prices and more marketing. Residents in these neighborhoods may therefore face larger price increases when an MFPL is implemented. However, communities most impacted by tobacco generally have the highest tobacco-related morbidity and mortality and a history of being targeted by the tobacco industry. When accompanied by strong cessation resources, MFPLs may therefore benefit these groups the most, reducing disparities in tobacco use and associated health outcomes. Lower prices in communities most impacted by tobacco mean that MFPLs may benefit retailers in areas that need economic support. Unlike excise taxes, which generate revenue for governments, MFPLs generate additional revenue for those who sell tobacco products.
WHAT IS A MINIMUM FLOOR PRICE LAW (MFPL)?
One of the most effective ways to reduce tobacco use is to increase the prices of tobacco products. A minimum floor price law (MFPL)* is one strategy to increase prices. An MFPL sets a price below which the product cannot be sold. For some products, an MFPL may need to be paired with a packaging size requirement to ensure application of clear floor prices. For a more comprehensive pricing approach, MFPLs can also be paired with a discount ban that prohibits the redemption of price promotions or discounts on tobacco products.
MFPLs ARE LIKELY TO REDUCE TOBACCO USE.
When tobacco prices rise, tobacco use decreases. Two recent studies projected the likely impact of MFPLs on cigarette use. One concluded that a federal $10 cigarette pack MFPL would reduce US cigarette sales by 5.7 billion packs per year and result in 10 million smokers' quitting. The other considered state-level MFPLs and found that implementing an MFPL designed to raise average prices by $2 per pack would reduce cigarette consumption by 15.9%. A minimum floor price for alcohol has been shown to be effective in reducing alcohol consumption, hospital visits, and alcohol-related deaths.
MFPLs MAY BE MORE FEASIBLE TO IMPLEMENT THAN OTHER PRICE POLICIES.
Excise taxes are often politically unpopular; MFPLs provide an alternative policy option.
In places where excise taxes are already high, MFPLs are a potential complementary pricing policy.
In California, local governments are prohibited from taxing tobacco products but not from implementing MFPLs.
Mt. Shasta City Council Regular Meeting August 14, 2023 61 Cigarette Minimum Price Modeling Results for Siskiyou
Mt. Shasta City Council Regular Meeting August 14, 2023 62 Cigarette Minimum Price Modeling Results for Siskiyou
Mt. Shasta City Council Regular Meeting August 14, 2023 63 December 2020
www.publichealthlawcenter.org/caltobacco
COMPREHENSIVE TOBACCO
RETAILER LICENSING ORDINANCE
Introduction
This Comprehensive Tobacco Retailer
Licensing Ordinance was prepared to assist
California cities and counties interested in
establishing or strengthening a local tobacco
retailer licensing (“TRL”) program and further
regulating the tobacco retail environment.
Communities adopt TRL laws to ensure
compliance with local business standards,
reduce youth access to tobacco products, limit
the negative public health and equity impacts
associated with tobacco use, and enforce
local, state, and federal tobacco control laws.
The Public Health Law Center revised and
updated this 2020 model ordinance, which
was originally developed by ChangeLab
Solutions and released in 2018. The Center
acknowledges the excellent work done by
ChangeLab Solutions in creating the original
ordinance. This revised model ordinance takes
a comprehensive approach to regulating the
sale of tobacco products and the tobacco retail
environment. It builds on core provisions such
as requiring a local tobacco retailer license by
incorporating several innovative policy options.
It also reflects changes to state and federal
tobacco control laws such as Tobacco 21 and the
federal Food and Drug Administration’s (“FDA”)
Deeming Rule that expands the FDA’s regulatory
Mt. Shasta City Council Regular Meeting August 14, 2023 64 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 2 authority to all tobacco products. The model ordinance offers cities and counties a variety of options to tailor this policy to meet the needs of their communities.* The model ordinance is based on an independent and objective analysis of the relevant law, evidence, and available data. Readers should consider all the evidence and decide for themselves which approach is appropriate for their local jurisdiction.
Customizing the Ordinance
Context boxes are included throughout the ordinance to explain some key provisions. These boxes are not meant to be included in any final ordinance. A city wishing to adopt all or part of this ordinance should keep this in mind and remove the context boxes.
In some instances, blanks (such as [ ] ) prompt you to customize the language to fit your community’s needs. In other instances, the ordinance offers you a choice of options (such as [ choice one/choice two ]). Some options are followed by a comment that describes the legal provisions in more detail. A degree of customization is always necessary to make sure the ordinance is consistent with a community’s existing laws. Such customization also ensures that communities are using this model ordinance to address local needs and engender health equity.
Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial tobacco use.† Communities differ on their readiness and willingness to adopt certain tobacco control policies that are intended to help make that world a reality. Accordingly, this model ordinance represents a balance between state and federal minimum standards, best public health policy practices, and practicality for city governments in California. This model ordinance contains several policy components that communities may or may not choose to adopt at this time that may go beyond minimum state and federal requirements. * This model ordinance uses “community” as shorthand for a group of people who will be impacted, either directly or indirectly, by a proposed changemaking strategy. People in a community (1) are in a particular geographic area, like a neighborhood or jurisdiction, and/or (2) share a common identity or characteristic. † The Public Health Law Center recognizes that traditional and commercial tobacco are different in the ways they are planted, grown, harvested, and used. Traditional tobacco is and has been used in sacred ways by Indigenous communities and tribes for centuries. Comparatively, commercial tobacco is manufactured with chemical additives for recreational use and profit, resulting in disease and death. For more information, visit: http://www.keepitsacred.itcmi.org.
When the word “tobacco” is used throughout this document, a commercial context is implied and intended.
Mt. Shasta City Council Regular Meeting August 14, 2023 65 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 3 While the Public Health Law Center does not lobby, advocate, or directly represent communities, we can provide assistance through our publications and referrals to experts in the field. Education, stakeholder and community engagement, and a strong advocacy plan are key steps in the adoption of effective tobacco control policies. If a community is unaware of the resources available to it for engaging the community and developing an advocacy plan, or if a city is considering adopting an ordinance and is interested in learning about the range of resources available, please contact the Public Health Law Center. If you have any questions about this ordinance, you can reach us at www.publichealthlawcenter.org.
This publication was prepared by the Public Health Law Center, a nonprofit organization that provides information and legal technical assistance on issues related to public health. The Center does not provide legal representation or advice. The information in this document should not be considered legal advice. This model ordinance was made possible by funds received from Grant Number 19-10229 with the California Department of Public Health, California Tobacco Control Program, and the American Lung Association in California.
Mt. Shasta City Council Regular Meeting August 14, 2023 66 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 4 AN ORDINANCE OF THE City OF
Mount Shasta REGULATING TOBACCO PRODUCT SALES,
REQUIRING THE LICENSURE OF TOBACCO RETAILERS, AND
AMENDING THE Mount Shasta MUNICIPAL CODE
The city council of Mount Shasta does ordain as follows:
SECTION I. [ See Appendix A: Findings ]
SECTION II. [ article/section ] of the County/City Code is hereby amended to read as follows:
Sec. [ (*1) ]. DEFINITIONS. The following words and phrases, whenever used in this [ article/chapter ], shall have the meanings defined in this section unless the context clearly requires otherwise:
Note
This is introductory boilerplate language that should be adapted to the conventional form used in the jurisdiction.
Note
The findings section is part of the ordinance and legislative record, but it usually does not become codified in the municipal code. An ordinance based on this model ordinance should include findings of fact — data, statistics, relevant epidemiological information, for instance — that support the purposes of this ordinance, as well as any legal precedent that directly supports the ordinance.
In addition to serving an educational purpose and building support for the ordinance, the findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an admissible record of the factual determinations made by the legislative body when considering the ordinance.
Courts will generally defer to legislative determinations of factual issues, which often influence legal conclusions. A list of findings supporting this model ordinance appears in “Appendix A: Findings.” Jurisdictions may select findings from that list to insert here, along with additional findings on local or regional conditions, outcomes, and issues that help make the case for the law.
Mt. Shasta City Council Regular Meeting August 14, 2023 67 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 5 (A) “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that reflects the fair market value between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. (B) “Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (C) “Cannabis Product” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. (D) “Cannabis Retailer” means any retail establishment in which cannabis or cannabis products are sold or offered for sale to persons that do not hold a license to engage in commercial cannabis activity issued by the State of California in accordance with the Business and Professions Code Section 26000 et seq., as that section may be amended from time to time.
(E) “Child-Resistant Packaging” means packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015.
(F) “Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than 4.5 pounds per thousand. (G) “Cigarette” means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described herein.
(H) “Compliance checks” means systems the department uses to investigate and ensure that tobacco retailers are following and complying with the requirements of this [ article/ chapter ]. Compliance checks may involve the use of persons between the ages of 18 and 20 who purchase or attempt to purchase tobacco products. Compliance checks may also be conducted by the department or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to tobacco products.
(I) “Coupon” means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.
Mt. Shasta City Council Regular Meeting August 14, 2023 68 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 6 (J) “Delivery sale” means the sale of any tobacco product to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a tobacco retail establishment. Delivery sale includes the sale of any tobacco product when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. (K) “Department” means [ insert department name ] and any agency or person designated by the Department to enforce or administer the provisions of this [ article/chapter ]. (L) “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. (M) “Flavored Tobacco Product” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. (N) “Full Retail Price” means the price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. (O) “Little Cigar” means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than 4.5 pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as small cigar, little cigar, or cigarillo.
(P) “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. (Q) “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions.
Mt. Shasta City Council Regular Meeting August 14, 2023 69 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 7 (R) “Person” means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (S) “Pharmacy” means any retail establishment in which the profession of pharmacy is practiced by a pharmacist licensed by the State of California in accordance with the Business and Professions Code and where prescription pharmaceuticals are offered for sale, regardless of whether the retail establishment sells other retail goods in addition to prescription pharmaceuticals.
(T) “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has or shares ultimate control over the day-to-day operations of a business.
(U) “Recreation Facility” means an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool.
(V) “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever. (W) “Self-Service Display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of selfservice display. (X) “Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated product containing, made, or derived from nicotine, tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation. “Smoking” includes using an electronic smoking device. (Y) “Tobacco Product” means:
(1) any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
Mt. Shasta City Council Regular Meeting August 14, 2023 70 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 8 (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
(Z) “Tobacco Retailer” means any person who sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for sale, exchanged, or offered for exchange. (AA) “Tobacco Retailing” means engaging in the activities of a tobacco retailer. (AB)“Youth-Oriented Facility” means a parcel in the Mount Shasta that is occupied by:
(1) a private or public kindergarten, elementary, middle, junior high, or high school; (2) a library open to the public;
(3) a playground open to the public;
(4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes;
Note
Both the definition of “electronic smoking device” and “tobacco product” in this model include substances that go into an electronic smoking device regardless of whether they contain nicotine. In a jurisdiction that already regulates the commercial sale of cannabis products, these definitions might result in an overlapping and possibly confusing regulatory regime where certain products are covered by both the tobacco and cannabis laws. The Center can provide additional language to exclude regulated cannabis products under a TRL.
Mt. Shasta City Council Regular Meeting August 14, 2023 71 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 9 (6) a park open to the public or to all the residents of a private community; (7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]];
Sec. [ (*2) ]. GENERAL REQUIREMENTS AND PROHIBITIONS.
(A) TOBACCO RETAILER’S LICENSE REQUIRED. It shall be unlawful for any person to engage in tobacco retailing in the city without first obtaining and maintaining a valid tobacco retailer’s license for each location at which tobacco retailing is to occur. Tobaccoretailing without a valid tobacco retailer’s license is a nuisance as a matter of law. (B) LAWFUL BUSINESS OPERATION. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this [ article/chapter ] for a licensee, or any of the licensee’s agents or employees, to violate any local, state, or federal law applicable to the sale of tobacco products. (C) SMOKING PROHIBITED. Smoking, including smoking for the purpose of sampling any tobacco product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking also prohibited outdoors within 25 feet of any retail establishment licensed under this [ article/chapter ].
(D) MINIMUM LEGAL SALES AGE. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age.
(E) DISPLAY OF LICENSE. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(F) POSITIVE IDENTIFICATION REQUIRED. No person engaged in tobacco retailing shall sell a tobacco product to another person without first verifying by means of governmentissued photographic identification that the recipient is at least 21 years of age. (G) SELF-SERVICE DISPLAYS PROHIBITED. Tobacco retailing by means of a self-service display is prohibited.
(H) ON-SITE SALES. All sales of tobacco products shall be conducted in-person in the licensed location. It shall be a violation of this [ article/chapter ] for any tobacco retailer or any of the tobacco retailer’s agents or employees to engage in the delivery sale of tobacco products or to knowingly or recklessly sell or provide tobacco products to any person that intends to engage in the delivery sale of the tobacco product in the city.
Mt. Shasta City Council Regular Meeting August 14, 2023 72 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 10 Sec. [ (*3) ]. SALE OF FLAVORED TOBACCO PRODUCTS
PROHIBITED.
(A) FLAVORED TOBACCO PRODUCT SALES PROHIBITED. It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.
(B) PRESUMPTIVE FLAVORED TOBACCO PRODUCT. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has a taste or smell other than tobacco shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
Sec. [ (*4) ]. TOBACCO PRODUCT PRICING AND PACKAGING.
(A) PACKAGING AND LABELING. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. (B) DISPLAY OF PRICE. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. (C) DISTRIBUTION OF TOBACCO SAMPLES OR PROMOTIONAL ITEMS. It is unlawful for any person to distribute free or nominally priced tobacco products. (D) PROHIBITION OF TOBACCO COUPONS AND DISCOUNTS. No tobacco retailer shall:
(1) honor or redeem, or offer to honor or redeem, a coupon to allow a consumer to purchase a tobacco product for less than the full retail price; (2) sell any tobacco product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the full retail price in consideration for the purchase of any tobacco product or any other item; or (3) provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product.
(E) MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS. No tobacco retailer shall sell:
(1) any little cigar unless it is sold in a package of at least [ 20 ] little cigars; or Mt. Shasta City Council Regular Meeting August 14, 2023 73 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 11 (2) any cigar unless it is sold in a package of at least at least [ 6 ] cigars ; provided, however, that this subsection shall not apply to a cigar that has a price of at least [ $X.00 ] per cigar, including all applicable taxes and fees. (F) MINIMUM PRICES FOR CIGARETTES, LITTLE CIGARS, AND CIGARS. No tobacco retailer shall sell:
(1) Cigarettes at a price that is less than [ $X.00 ] per package of 20 cigarettes, including all applicable taxes and fees;
(2) Little cigars at a price that is less than [ $X.00 ] per package of little cigars, including all applicable taxes and fees; or
(3) Cigars at a price that is less [ $X.00 ] per cigar, including all applicable taxes and fees.
The minimum prices established in this section shall be adjusted annually by the Department in proportion with the Consumer Price Index, using a system established by the Department.
Note
Indexing minimum prices to inflation is an efficient policy that does not require decisionmakers to amend the TRL annually to keep up with prevailing prices. Jurisdictions in California have pegged the prices to the nearest U.S. Bureau of Labor Statistics statistical area, and the language here is broad enough that a jurisdiction can take that approach or determine another effective way to adjust the prices over time.
Mt. Shasta City Council Regular Meeting August 14, 2023 74 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 12 Sec. [ (*6) ]. APPLICATION PROCEDURE.
(A) An application for a tobacco retailer’s license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and shall be signed by each proprietor or an authorized agent thereof. All applications shall be submitted on a form supplied by the Department.
(B) A license issued contrary to this [ article/chapter ], contrary to any other law, or on the basis of false or misleading information shall be revoked pursuant to Section [ (*13) (c) ] of this [ article/chapter ]. Nothing in this [ article/chapter ] shall be construed to vest in any person obtaining and maintaining a tobacco retailer’s license any status or right to act as a tobacco retailer in contravention of any provision of law. (C) Applicant submissions shall contain the following information:
(1) The name, address, and telephone number of each proprietor of the business seeking a license.
(2) The business name, address, and telephone number of the location for which a license is sought.
(3) The name and mailing address authorized by each proprietor to receive all communications and notices required by, authorized by, or convenient to the enforcement of this [ article/chapter ].
(4) Proof that the location for which a tobacco retailer’s license is sought has been issued all necessary state licenses for the sale of tobacco products. (5) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this [ article/chapter ] or any other local, state, or federal law governing the sale of tobacco products and, if so, the dates and locations of all such violations within the previous five years.
Mt. Shasta City Council Regular Meeting August 14, 2023 75 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 13 (6) A signed affidavit affirming that the proprietor has not sold and will not sell any tobacco product without a license required by this [ article/chapter ]. (7) Such other information as the Department deems necessary for the administration or enforcement of this [ article/chapter ] as specified on the application form required by this section.
(D) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer’s license within [ 10 ] business days of a change.
Sec. [ (*7) ]. LICENSE ISSUANCE OR DENIAL.
(A) ISSUANCE OF LICENSE. Upon the receipt of a complete and adequate application for a tobacco retailer’s license and the license fee required by this [ article/chapter ], the Department may approve or deny the application for a license, or it may delay action for a reasonable period of time to complete any investigation of the application or the applicant deemed necessary.
(B) DENIAL OF APPLICATION. The department may deny an application for a tobacco retailer’s license based on any of the following:
(1) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this [ article/chapter ]; (2) The application seeks authorization for tobacco retailing at a location for which this [ article/chapter ] prohibits a licensed to be issued;
(3) The application seeks authorization for tobacco retailing for a proprietor to whom this [ article/chapter ] prohibits a license to be issued; or (4) The application seeks authorization for tobacco retailing in a manner that is prohibited pursuant to this [ article/chapter ], that is unlawful pursuant to any other [ article/chapter ] of this Code, or that is unlawful pursuant to any other law. (5) Any other any other suitable reason the granting of a license to the applicant is not consistent with the public health and welfare, including the applicant’s history of noncompliance with this [ article/chapter ] and other laws relating to the sale of tobacco products.
Mt. Shasta City Council Regular Meeting August 14, 2023 76 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 14 Sec. [ (*8) ]. LICENSE RENEWAL AND EXPIRATION.
(A) RENEWAL OF LICENSE. A tobacco retailer’s license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is [ 1 year ]. Each tobacco retailer shall apply for the renewal of their tobacco retailer’s license and submit the license fee no later than [ 30 ] days prior to expiration of the current license. A retailer that fails to timely submit a renewal application and fee is ineligible for license renewal and must submit a new application pursuant to Section [ (*6) ].
Sec. [ (*9) ]. LICENSES NOT TRANSFERABLE, PAST VIOLATIONS AT RETAIL LOCATION.
(A) LICENSES NOT TRANSFERRABLE. A tobacco retailer’s license may not be transferred from one person to another or from one location to another. A new tobacco retailer’s license is required whenever a tobacco retailing location has a change in proprietors. (B) PAST VIOLATIONS. Notwithstanding any other provision of this [ article/chapter ], prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) the location has been transferred to new proprietor(s) in an arm’s length transaction; and (2) the new proprietor(s) provide the [ city/county ] with clear and convincing evidence that the new proprietor(s) have acquired the location in an arm’s length transaction.
Sec. [ (*10) ]. LICENSE CONVEYS A LIMITED, CONDITIONAL
PRIVILEGE.
Nothing in this [ article/chapter ] shall be construed to grant any person obtaining and maintaining a tobacco retailer’s license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the [ City/County ] identified on the face of the permit. Nothing in this [ article/chapter ] shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law.
Sec. [ (*11) ]. FEE FOR LICENSE.
The fee to issue or to renew a tobacco retailer’s license shall be established from time to time by resolution of the [ city council/board of supervisors ]. The fee shall be calculated so as to recover the total cost of administration and enforcement of this [ article/chapter ], including, but not limited to, issuing a license, administering the license program, retailer education, Mt. Shasta City Council Regular Meeting August 14, 2023 77 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 15 retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this [ article/ chapter ]. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.
Sec. [ (*12) ]. COMPLIANCE MONITORING.
(A) Compliance with this [ article/chapter ] shall be monitored by the Department. In addition, the [ City/County ] may designate additional persons to monitor compliance with this [ article/chapter ]. All licensed premises must be open to inspection by [ city/ county ] staff or designated persons during regular business hours. (B) The Department shall inspect each tobacco retailer at least [ 3 ] times per 12 month period to ensure compliance with this [ article/chapter ].
Note
The California Constitution places some limits on how much a jurisdiction can charge in a fee, deeming excessive fees to be taxes that require a vote of the people. Nonetheless, without a referendum, it is lawful to impose a fee on applicants in an amount sufficient to offset the reasonable regulatory cost of the entire tobacco retailer enforcement program of the locality.
Sinclair Paint Co. v. Board of Equalization, 15 Cal. 4th 866 (1997); Griffith v. City of Santa Cruz, 207 Cal. App. 4th 982 (2012).
The license fee can incorporate the cost of enforcing all tobacco laws related to tobacco retailing because a violation of any tobacco-related law is a basis for suspension of a license. The Public Health Law Center can provide further information on some of the factors to consider when calculating a reasonable license fee.
Note
Subsection (b) allows for the inspection of licensed premises to check for any violations of this ordinance or other tobacco control laws. For example, some inspections might focus on pricing or flavored product violations, but preferably inspectors would be able to review compliance with all applicable laws during the inspections. For more information on challenges and case studies in enforcing TRL requirements please contact the Center.
Mt. Shasta City Council Regular Meeting August 14, 2023 78 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 16 (C) The [ city/county ] will conduct at least [ one ] compliance check per 12-month period that involves the participation of persons between the ages of 18 and 20 to enter licensed premises to attempt to purchase tobacco products.
(D) Nothing in this section shall create a right of action in any licensee or other person against the [ city/county ] or its agents.
Sec. [ (*13) ]. SUSPENSION OR REVOCATION OF LICENSE.
(A) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a tobacco retailer’s license shall be suspended or revoked if the Department finds, based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee’s agents or employees, have violated any of the requirements, conditions, or prohibitions of this [ article/chapter ]; such violation is determined by any court of competent jurisdiction; or the licensee has pleaded guilty, “no contest” or its equivalent, or admitted to a violation of any law designated in Section [ (*2) ] above. (1) Upon a finding by the Department of a first violation of this [ article/chapter ] at a location, the license shall be suspended for [ 30 ] days. (2) Upon a finding by the Department of a second violation of this [ article/chapter ] at a location within any [ 5 ]-year period, the license shall be suspended for [ 90 ] days. (3) Upon a finding by the Department of a third violation of this [ article/chapter ] at a location within any [ 5 ] year period, the license shall be suspended for [ 1 ] year. (4) Upon a finding by the Department of four or more violations of this [ article/chapter ] at a location within any [ 5 ] year period, the license shall be revoked. (B) APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable to [ the name of appellate agency, panel, or person (for Note
This underage sales compliance provision requires a minimum of one check per year, but jurisdictions might choose to require more frequent compliance checks to ensure consistent compliance.
Mt. Shasta City Council Regular Meeting August 14, 2023 79 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 17 example, Board of Supervisors, city manager, or director of the health department) ] and any appeal must be filed in writing with [ the name of the agency, panel, or person to receive the notice (for example, Board of Supervisors) ] within 10 days of mailing of the Department’s decision. If such an appeal is timely made, it shall stay enforcement of the appealed action. An appeal to [ the name of appellate agency, panel, or person ] is not available for a revocation made pursuant to subsection (c) below. (C) REVOCATION OF LICENSE WRONGLY ISSUED. A tobacco retailer’s license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section [ (*7) ] existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the [ city/county ].
Sec. [ (*14) ]. TOBACCO RETAILING WITHOUT A VALID LICENSE. (A) INELIGIBLE FOR LICENSE. In addition to any other penalty authorized by law, if the Department finds, or if a court of competent jurisdiction determines, based on a preponderance of evidence after notice and an opportunity to be heard, that any person has engaged in tobacco retailing at a location without a valid tobacco retailer’s license, either directly or through the person’s agents or employees, the person shall be ineligible to apply for, or to be issued, a tobacco retailer’s license as follows:
(1) After a first violation of this section at a location, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 30 ] days have passed from the date of the violation.
(2) After a second violation of this section at a location within any [ 5 year ] period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 90 ] days have passed from the date of the violation. (3) After of a third or subsequent violation of this section at a location within any [ 5 year ] period, no new license may issue for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until [ 5 ] years have passed from the date of the violation.
Sec. [ (*15) ]. ADDITIONAL REMEDIES.
(A) The remedies provided by this [ article/chapter ] are cumulative and in addition to any other remedies available at law or in equity.
Mt. Shasta City Council Regular Meeting August 14, 2023 80 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 18 (B) Whenever evidence of a violation of this [ article/chapter ] is obtained in any part through the participation of a person under the age of 18 years, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this [ article/chapter ] and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (C) Violations of this [ article/chapter ] are subject to a civil action brought by the [ district attorney ] or the [ county counsel ], punishable by a civil fine not less than [ $250 ] and not exceeding [ $1,000 ] per violation.
(D) Violations of this [ article/chapter ] may, in the discretion of the [ district attorney/county counsel ], be prosecuted as infractions or misdemeanors when the interests of justice so require.
(E) Violations of this [ article/chapter ] are hereby declared to be public nuisances. (F) In addition to other remedies provided by this [ article/chapter ] or by other law, any violation of this [ article/chapter ] may be remedied by a civil action brought by the [ district attorney/county counsel ], including administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. (G) Tobacco products offered for sale in violation of this [ article/chapter ] are subject to seizure by the Department or its designee and shall be forfeited after the licensee or any other owner of the tobacco products seized is given reasonable notice and an opportunity to demonstrate that the tobacco products were not offered for sale in violation of this [ article/chapter ]. The decision by the Department may be appealed pursuant to the procedures set forth in Section [ (*13)(b) ]. Forfeited tobacco products shall be destroyed and properly disposed of at the cost of the seller after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure section 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (H) For the purposes of the civil remedies provided in this [ article/chapter ]:
(1) Each day on which a tobacco product is distributed, sold, or offered for sale in violation of this [ article/chapter ] shall constitute a separate violation of this [ article/chapter ]; and
(2) Each individual tobacco product that is distributed, sold, or offered for sale in violation of this [ article/chapter ] shall constitute a separate violation of this [ article/chapter ].
Mt. Shasta City Council Regular Meeting August 14, 2023 81 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 19 (I) All tobacco retailers are responsible for the actions of their employees relating to the sale, offer to sell, and furnishing of tobacco products at the retail location. The sale of any tobacco product by an employee shall be considered an act of the tobacco retailer.
Sec. [ (*16) ]. EXCEPTIONS.
(A) Nothing in this [ article/chapter ] prevents the provision of tobacco products to any person as part of an indigenous practice or a lawfully recognized religious or spiritual ceremony or practice.
(B) Nothing in this [ article/chapter ] shall be construed to penalize the purchase, use, or possession of a tobacco product by any person not engaged in tobacco retailing.
Sec. [ (*17) ]. CONSTRUCTION & SEVERABILITY. It is the intent of the [ board of supervisors/city council ] of [ county/city ] to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this [ article/chapter ], or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this [ article/chapter ], or its application to any other person or circumstance. The [ board of supervisors/city council ] of [ jurisdiction ] hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Sec. [ (*18) ]. PUBLIC RECORDS. All information provided to the Department by a licensee or license applicant pursuant to this [ article/chapter ] shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 et seq.) or any other applicable law.
SECTION III. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after [ 30 days after date of enactment ]; provided, however, that Section [ (*3) ] shall not takeeffect until [ 6 months after date of enactment ].
Mt. Shasta City Council Regular Meeting August 14, 2023 82 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 20 Appendix A: Findings.
The [ city council of the city/board of supervisors of the county ] of [ insert jurisdiction name ] hereby finds and declares as follows:
WHEREAS, the [ city council/board of supervisors ] finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the [ city council/board of supervisors ], to protect the health, safety, and welfare of our residents;
WHEREAS, approximately 480,000 people die in the United States from smoking-related diseases and exposure to secondhand smoke every year, making tobacco use the nation’s leading cause of preventable death;2
WHEREAS, the World Health Organization (WHO) estimates that tobacco kills 8 million people and causes over 1.4 trillion dollars in economic damage each year;136 WHEREAS, 5.6 million of today’s Americans who are younger than 18 years of age are projected to die prematurely from a smoking-related illness;2 WHEREAS, tobacco use is the number one cause of preventable death in California137 and continues to be an urgent public health issue, as evidenced by the following:
● 40,000 California adults die from their own smoking annually;1 ● More than 25% of all adult cancer deaths in California are attributable to smoking;138 ● Smoking costs California $13.29 billion in annual health care expenses, $3.58 billion in Medicaid costs caused by smoking, and $10.35 billion in smoking-caused productivity losses;139
● Tobacco use can cause disease in nearly all of the organs of the body and is responsible for 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all cases of chronic obstructive pulmonary disease in the United States;2 WHEREAS, tobacco use among priority populations in California contributes to health disparities and creates significant barriers to health equity, as evidenced by the following:
● African American (20.4%), Asian or Pacific Islander (11.4%), and Hispanic (15.2%) males all report a higher smoking prevalence than the statewide average among all adults (11.0%);9 ● American Indian/Alaska Native Californians have the highest smoking prevalence (19.1%) among all reported adult demographic populations;9
Mt. Shasta City Council Regular Meeting August 14, 2023 83 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 21 ● Smoking is more prevalent among rural (14.9%) compared to urban (10.6%) Californians;9 ● Californians with the highest levels of educational attainment and annual household income have the lowest smoking prevalence;9
● Adults who identify as lesbian, gay, bisexual, or transgender report smoking at a higher rate (17.4%) than the statewide average (11.0%);9
● Those who reported experiencing psychological distress in the past month smoke at rates (26.7%) higher than the statewide average (11.0%);9
[ insert local data if available ]
WHEREAS, despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:
● In California, research indicates over 67% of current and former adult smokers started by the age of 18 and almost 100% start by age 26;140
● In California, from 2017 to 2018, approximately 13% of high school students reported using tobacco;9
● Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth;9 ● Unless smoking rates decline, an estimated 441,000 of all California youth who are alive today will die prematurely from smoking-related diseases;2 ● In 2017, 22.8% of high school students in California had tried cigarette smoking;141 ● Between 2014 and 2018, electronic smoking device use among California youth increased from 14.1% to 46.2%;8
[ insert local data if available ]
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting,11 as evidenced by the following:
● Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users;66 ● Tobacco industry documents state that if “a man has never smoked by the age of 18, the odds are three-to-one he never will. By age 24, the odds are twenty-to-one”;142 Mt. Shasta City Council Regular Meeting August 14, 2023 84 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 22 ● The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents;139
WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following:
● 9.3% of high school students in California reported buying their own electronic cigarette from a store;141
● 19.1% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018;9
[ insert local data if available ]
WHEREAS, requiring tobacco retailers to obtain a tobacco retailer license will not unduly burden legitimate business activities of retailers who sell tobacco products to adults but will, however, allow the [ city council/board of supervisors ] to regulate the operation of lawful businesses to discourage violations of federal, state, and local tobacco control and youth tobacco access laws, as evidenced by the following:
● Tobacco products are the number one seller in U.S. convenience stores, and in 2018, they generated an average of $523,084 in sales per store;143 ● Systematic scientific reviews indicate that merchant compliance with youth tobacco sales laws reduces the rate of tobacco use among adolescents;26,27 ● Studies found increased retailer compliance and reduced tobacco sales to youth following implementation and active enforcement of youth tobacco sales laws paired with penalties for violations;144,145
● A review of 41 California communities with strong tobacco retailer licensing ordinances found that youth sales rates declined in 40 of these communities after the ordinances were enacted, with an average 69% decrease in the youth sales rate;25 WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (“Tobacco Control Act”), enacted in 2009, prohibited candy- and fruit-flavored cigarettes,28 largely because these flavored products are marketed to youth and young adults,26,35,145 and younger smokers were more likely than older smokers to have tried these products;26 WHEREAS, neither federal nor California state laws restrict the sale of menthol cigarettes or flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; Mt. Shasta City Council Regular Meeting August 14, 2023 85 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 23 WHEREAS, in 2018, more than 86% of tobacco retailers in California sold flavored noncigarette tobacco products, over 91% of tobacco retailers sold menthol cigarettes,80 and, as of 2016, 8 out of 10 tobacco retailers near schools sold flavored non-cigarette tobacco products;147
WHEREAS, flavored tobacco products are used by the majority of youth and young adult tobacco users (86.4% and 57.7%, respectively) in California;9 WHEREAS, mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco26,148,149 and that these products help establish tobacco habits that can lead to long-term addiction;26,150,151
WHEREAS, between 2004 and 2014, use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+);30
WHEREAS, flavored tobacco has significant public health implications for youth and people of color as a result of targeted industry marketing strategies and product manipulation;11,26,152,153 WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that “for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% … the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher … and the cost of Newport was 12 cents lower.” There was no such association found for non-mentholated cigarettes;154 WHEREAS, scientific reviews by the FDA and the Tobacco Products Scientific Advisory Committee (“TPSAC”) found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, but especially among youth, African Americans, 33 and possibly Hispanic and Latino individuals;34 and that menthol cigarettes are associated with increased initiation and progression to regular cigarette smoking, increased dependence on cigarettes, and reduced success in smoking cessation, especially among African American menthol smokers;33
WHEREAS, research indicates that the FDA ban in 2009 on all flavored cigarette products (except menthol) led to a 6% decrease in youth tobacco use and a 17% decrease in the likelihood of a youth becoming a cigarette smoker;155
WHEREAS, studies indicate that laws prohibiting the sale of flavored tobacco products lead to decreases in youth tobacco use, as evidenced by the following:
Mt. Shasta City Council Regular Meeting August 14, 2023 86 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 24 ● An evaluation of New York City’s law, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco;156 ● An evaluation of a law in Providence, Rhode Island, which prohibits the sale of all flavored tobacco, excluding menthol, indicated that as a result of the law, current use of any tobacco product among high school youth declined from 22% to 12% and e-cigarette use declined from 13.3% to 6.6%, even as statewide e-cigarette use among high school increased to more than 20%;157
WHEREAS, the health effects of non-cigarette tobacco products such as cigars, cigarillos, smokeless tobacco, and shisha are substantial as demonstrated by research that shows that non-cigarette tobacco products have addictive levels of nicotine, harmful toxins, and dangerous carcinogens;158-164
WHEREAS, unlike cigarette use that has steadily declined among youth, the prevalence of the use of non-cigarette tobacco products has increased among California youth;9 WHEREAS, the availability of inexpensive tobacco products leads to increased tobacco use as evidenced by more than 100 academic studies that conclusively show that when tobacco products are made more expensive, fewer people use tobacco, fewer initiate tobacco use, and more people quit tobacco use;2,48-51,53-58
WHEREAS, research has also consistently shown that increases in cigarettes prices will result in less smoking across various sociodemographic populations;165 WHEREAS, a systematic review by the U.S. Community Preventive Services Task Force found that a 20% price increase would reduce demand for cigarettes by approximately 10.4%, the prevalence of adult tobacco use by 3.6%, and initiation of tobacco use by young people by 8.6%;49 WHEREAS, unequal price increases across different types of tobacco products lead to substitution from one product to another;56,58
WHEREAS, youth are particularly responsive to changes in tobacco prices,26,52,54,166 and evidence suggests that tobacco companies deliberately target youth with price reductions;26,51,64-66,167 WHEREAS, evidence also suggests that cigarettes are cheaper in neighborhoods with lower household incomes,118,168 Newport menthol cigarettes cost less in areas with higher proportions of African Americans,118 and underserved communities are targeted with price discounts and coupons;169-171
Mt. Shasta City Council Regular Meeting August 14, 2023 87 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 25 WHEREAS, tobacco companies spend considerably to decrease the price of their products in order to counter state and local tobacco control efforts, appeal to price-sensitive consumers, and increase demand for tobacco products. For example, tobacco companies spent the majority of their cigarette marketing budgets on price discounts, accounting for nearly $6.2 billion of $8.6 billion advertising and promotional expenditures in 2018; 50,51,62 WHEREAS, the tobacco industry’s price discounting strategies, such as coupons and multiplepackage discounts, are popular among consumers, with more than half of adults using some price minimization strategy.70 Coupon receipt and redemption appears more prevalent among white, younger, female, sexual minority, and more nicotine dependent smokers.172 In California, individuals who used price minimization strategies saved an average $1.04 per pack (or 18.6% off the total) in 2010;70
WHEREAS, price-discounted sales account for a substantial proportion of overall tobacco product sales;63
WHEREAS, although federal and state law ban the sale of individual cigarettes,78,173 neither federal nor California state laws restrict the sale of individual little cigars and cigars; WHEREAS, many retailers sell little cigars and cigars individually, making them more affordable and appealing to youth.79 Additionally:
● 78.3% of California tobacco retailers sell a popular brand of youth-friendly cigars for less than $1.00;79
● Between 2012 and 2016, annual sales of cigarillos increased by 78% overall and by 155% for “concept-flavored” (e.g., Jazz) cigarillos;174
WHEREAS, a 10% increase in cigar prices has been associated with decreased cigar sales175,176 and may significantly reduce cigar use among youth;177
WHEREAS, neither federal nor California state laws set a minimum price for tobacco products; WHEREAS, minimum price markups and related laws in other states have been shown to be effective at increasing the price of cigarettes but may remain vulnerable to price manipulation by the tobacco industry without attention to coupons and discounts;82 WHEREAS, studies have estimated that if price discounts were prohibited across the United States, the number of people who smoke would decrease by more than 13%;68 the impact of a $10 federal minimum floor price for cigarettes could reduce the number of packs sold in the United States by 5.7 billion per year and prompt more than 10 million smokers to quit; 55 and that a state-level minimum floor price law designed to raise the average price of cigarette Mt. Shasta City Council Regular Meeting August 14, 2023 88 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 26 packs by just under $2.00 could decrease the prevalence of cigarette use and consumption by by more than 4% and reduce income-based smoking disparities in California;86 WHEREAS, by selling tobacco products, pharmacies reinforce positive social perceptions of smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to smoke;178,179
WHEREAS, pharmacies sell cigarettes cheaper than other stores118 and advertise tobacco product discounts more than other stores in California;80 WHEREAS, tobacco-free pharmacy sales policies decrease the availability of tobacco products by reducing tobacco retailer density by up to three times compared with communities that do not have such policies,119 and immediately after the nationwide CVS policy change to not sell tobacco products, cigarette purchases declined and smokers who had previously purchased their cigarettes exclusively at CVS were up to twice as likely to stop buying cigarettes entirely;120 WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day,90 particularly in neighborhoods experiencing poverty;90,180-182
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates101 and initiation of noncigarette tobacco product use;183 WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer107 and density is higher;184-186 WHEREAS, tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher proportion of African American or Hispanic residents;93-98 WHEREAS, tobacco retailer density is higher in urban compared to rural areas, except for lowincome communities, which have higher tobacco retailer densities regardless of geography, and Hispanic communities, which are associated with variable retailer densities across geography;97,187 WHEREAS, policies to reduce tobacco retailer density have been shown to be effective103,104,188,189 and can reduce or eliminate inequities in the location and distribution of tobacco retailers;103,104
WHEREAS, six out of 10 tobacco retailers in California sold cigar products using cannabisrelated flavor descriptors and these retailers were more prevalent in school neighborhoods with lower median income;190
WHEREAS, both youth and adult tobacco users are more likely to also use cannabis;191,192 Mt. Shasta City Council Regular Meeting August 14, 2023 89 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 27 WHEREAS, strict enforcement of policies prohibiting retail sales of cigarettes to youth, sales of cigarettes via vending machines, and other means through which youth gain access to tobacco in the commercial settings can limit their opportunities to obtain these products;26,27 WHEREAS, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g., requiring identification checks) is necessary to achieve reductions in youth tobacco sales;193,194
WHEREAS, the Institute of Medicine recognizes that retailers are not likely to comply with youth tobacco access laws unless such laws are actively enforced through retailer compliance checks paired with meaningful penalties on business owners for violations;195 WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, California courts have affirmed the power of the [ city council/board of supervisors ] to regulate business activity to discourage violations of law. See, e.g., Cohen v.
Board of Supervisors, 40 Cal. 3d 277 (1985); Bravo Vending v. City of Rancho Mirage, 16 Cal. App. 4th 383 (1993); Prime Gas, Inc. v. City of Sacramento, 184 Cal. App. 4th 697 (2010); WHEREAS, over 180 cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop youth from using tobacco;9 WHEREAS, the [ city council/board of supervisors ] has a substantial interest in protecting youth and underserved populations from the harms of tobacco use; and WHEREAS, the [ city council/board of supervisors ] finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the [ Insert jurisdiction name ] in order to protect the health, safety, and welfare of our residents;
NOW THEREFORE, it is the intent of the [ city council/board of supervisors ], in enacting this ordinance, to ensure compliance with the business standards and practices of the [ city/ county ] and to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.
Mt. Shasta City Council Regular Meeting August 14, 2023 90 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 28 References
1 Centers for Disease Control and Prevention. Best Practices for Comprehensive Tobacco Control Programs — 2014. U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.cdc.gov/ tobacco/stateandcommunity/best_practices/pdfs/2014/comprehensive.pdf. 2 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at: https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 3 Family Smoking Prevention and Tobacco Control Act § 3(1), Pub. L. No. 111-31, 123 Stat. 1776-1858 (2009). 4 National Academies of Sciences, Engineering, and Medicine. Public Health Consequences of E-Cigarettes. 2018. Washington, DC: The National Academies Press. doi: https://doi.org/10.17226/24952. 5 Fowles J, Barreau T, Wu N. Cancer and Non-Cancer Risk Concerns from Metals in Electronic Cigarette Liquids and Aerosols. Int J Environ Res Public Health. 2020;17(6):2146. doi: 10.3390/ijerph17062146. 6 Romberg AR, Miller Lo EJ, Cuccia AF, et al. Patterns of nicotine concentrations in electronic cigarettes sold in the United States, 2013-2018. Drug Alcohol Depend. 2019:201:1-7. doi: 10.1016/j.drugalcdep.2019.05.029. 7 Wang TW, Coats EM, Gammon DG et al. National and State-Specific Unit Sales and Prices for Electronic Cigarettes, United States, 2012–2016. Prev Chroni Dis. 2018;15:E99. doi: 10.5888/pcd15.170555. 8 Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by Californian youth, 2014–2018.
Addict Behav. 2020;108:106459. doi: 10.1016/j.addbeh.2020.106459. 9 California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department of Public Health. 2019. Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsandFigures2019.pdf. 10 U.S. National Cancer Institute. A Socioecological Approach to Addressing Tobacco-Related Health Disparities. National Cancer Institute Tobacco Control Monograph 22. NIH Publication No. 17-CA-8035A. Bethesda, MD: U.S. Department of Health and Human Services, National Institutes of Health, National Cancer Institute. 2017. 11 United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1 (D.D.C. 2006), aff’d in part, vacated in part, 566 F.3d 1095 (D.C. Cir. 2009), and order clarified, 778 F. Supp. 2d 8 (D.D.C. 2011). 12 California Tobacco Control Program. California Tobacco Facts and Figures 2018. Sacramento, CA: California Department of Public Health. 2018. Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsFigures2018.pdf. 13 California Tobacco Education and Research Oversight Committee. New Challenges — New Promise for All: Toward a Tobacco-Free California Master Plan 2018–2020. Sacramento, CA: California Tobacco Education and Research Oversight Committee. 2018. Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/TEROC/MasterPlan/TEROCMasterPlan2018-2020.pdf. 14 California Tobacco Control Program. Story of Inequity. 2019; http://tobaccofreeca.com/story-of-inequity. Accessed May 22, 2020.
15 Cal. Bus. & Prof. Code § 22972(a).
Mt. Shasta City Council Regular Meeting August 14, 2023 91 December 2020
www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 29 16 Cal. Bus. & Prof. Code § 22970.1 (Finding that state tobacco excise tax revenues “have declined by hundreds of millions of dollars per year due, in part, to unlawful distributions and untaxed sales of cigarettes and tobacco products,” and that “the licensing of … retailers will help stem the tide of untaxed distributions and illegal sales of cigarettes and tobacco products.”).
17 Cal. Rev. & Tax Code § 30111 (providing that state tobacco taxes “are in lieu of all other state, county, municipal, or district taxes on the privilege of distributing cigarettes or tobacco products.”); Cal. Bus. & Prof. Code § 22964 (providing that the Stop Tobacco Access to Kids Act does not “preempt or otherwise prohibit the adoption of a local standard that imposes a more restrictive legal age to purchase or possess tobacco products.”). 18 Cal. Bus. & Prof. Code § 22971.3 (“Nothing in this division preempts or supersedes any local tobacco control law other than those related to the collection of state taxes. Local licensing laws may provide for the suspension or revocation of the local license for any violation of a state tobacco control law.”). 19 Cal. Penal Code § 308(a)(1)(A).
20 Cal. Bus. & Prof. Code §§ 22950-22964.
21 21 C.F.R. §§ 1140.14(a)(4), 1140.16(b).
22 21 C.F.R. § 1140.14(a)(2), (b)(2).
23 The American Lung Association in California, Center for Tobacco Policy and Organizing. Matrix of Strong Local Tobacco Retailer Licensing Ordinances. 2018.
24 The American Lung Association in California Center for Tobacco Policy and Organizing. Local Tobacco Policies in the Retail Environment. 2017.
25 The American Lung Association in California Center for Tobacco Policy and Organizing. Tobacco Retailer Licensing is Effective. 2018.
26 U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2012.
Available at: https://www.ncbi.nlm.nih.gov/books/NBK99237/pdf/Bookshelf_NBK99237.pdf. 27 DiFranza JR. Which interventions against the sale of tobacco to minors can be expected to reduce smoking? Tob Control. 2012;21:436-442. doi: 10.1136/tobaccocontrol-2011-050145. 28 21 U.S.C. § 387g(a)(1)(A).
29 Villanti AC, Johnson AL, Glasser AM. Association of Flavored Tobacco Use With Tobacco Initiation and Subsequent Use Among US Youth and Adults, 2013-2015. JAMA Netw Open. 2019;2(10):e1913804. doi: 10.1001/jamanetworkopen.2019.13804. 30 Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams DB, Giovino GA. Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014. Tob Control. 2016;25(Suppl 2):ii14-ii20. doi: 10.1136/tobaccocontrol-2016-053329. 31 King BA, Dube SR, Tynan MA. Flavored cigar smoking among U.S. adults: findings from the 2009-2010 National Adult Tobacco Survey. Nicotine Tob Res. 2013;15(2):608-614. doi: 10.1093/ntr/nts178. 32 D’Silva J, Cohn AM, Johnson AL, Villanti AC. Differences in Subjective Experiences to First Use of Menthol and Nonmenthol Cigarettes in a National Sample of Young Adult Cigarette Smokers. Nicotine Tob Res. 2018;20(9):1062-1068. doi: 10.1093/ntr/ntx181.
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 30 33 Food and Drug Administration. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes. 2013. Available at: http://www.fda.gov/downloads/ScienceResearch/SpecialTopics/PeerReviewofScientificInformationandAssessments/UCM361598.pdf. 34 Tobacco Products Scientific Advisory Committee. Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations. 2011. Available at: https://wayback.archive-it.org/7993/20170405201731/https://www.fda. gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/TobaccoProductsScientificAdvisoryCommittee/UCM269697.pdf. 35 Villanti AC, Collins LK, Niaura RS, Gagosian SY, Abrams DB. Menthol cigarettes and the public health standard: a systematic review. BMC Public Health. 2017;17(1):983. doi: 10.1186/s12889-017-4987-z. 36 Fallin A, Goodin AJ, King BA. Menthol cigarette smoking among lesbian, gay, bisexual, and transgender adults. Am J Prev Med. 2015;48(1):93-97. doi: 10.1016/j.amepre.2014.07.044. 37 Cohn AM, Johnson AL, Hair E, Rath JM, Villanti AC. Menthol tobacco use is correlated with mental health symptoms in a national sample of young adults: implications for future health risks and policy recommendations. Tob Induc Dis. 2016;14:1. doi: 10.1186/s12971-015-0066-3.
38 Chen C, Isabelle LM, Pickworth WB, Pankow JF. Levels of mint and wintergreen flavorants: smokeless tobacco products vs. confectionery products. Food Chem Toxicol. 2010;48(2):755-763. doi: 10.1016/j.fct.2009.12.015. 39 Morris DS, Fiala SC, Pawlak R. Opportunities for policy interventions to reduce youth hookah smoking in the United States. Prev Chronic Dis. 2012;9:120082. doi: 10.5888/pcd9.120082. 40 Cameron JM, Howell DN, White JR, Andrenyak DM, Layton ME, Roll JM. Variable and potentially fatal amounts of nicotine in e-cigarette nicotine solutions. Tob Control. 2014;23(1):77-78. doi: 10.1136/tobaccocontrol-2012-050604. 41 Tsai J, Walton K, Coleman BN, et al. Reasons for Electronic Cigarette Use Among Middle and High School Students - National Youth Tobacco Survey, United States, 2016. MMWR Morb Mortal Wkly Rep. 2018;67(6):196-200. doi:
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45 Cullen KA, Gentzke AS, Sawdey MD, et al. e-Cigarette Use Among Youth in the United States, 2019. JAMA. 2019;322(21):2095-2103. doi: 10.1001/jama.2019.18387.
46 Ambrose BK, Day HR, Rostron B, et al. Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014.
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51 Chaloupka FJ, Cummings KM, Morley C, Horan J. Tax, price and cigarette smoking: evidence from the tobacco documents and implications for tobacco company marketing strategies. Tob Control. 2002;11(Supplement 1):i62-i72. doi:
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52 Chaloupka F. Tobacco Control Lessons Learned: The Impact of State and Local Policies. ImpacTeen. 2010. Available at:
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54 Maciosek MV, LaFrance AB, St. Claire AW, et al. The 20-year impact of tobacco price and tobacco control expenditure increases in Minnesota, 1998-2017. PLoS ONE. 2020;15(3): e0230364. doi: 10.1371/journal.pone.0230364. 55 Doogan NJ, Wewers ME, Berman M. The Impact of a Federal Cigarette Minimum Pack Price Policy on Cigarette Use in the USA. Tob Control. 2018;27(2):203-208. doi: 10.1136/tobaccocontrol-2016-053457. 56 Huang J, Gwarnicki C, Xu X, Caraballo RS, Wada R, Chaloupka FJ. A comprehensive examination of own- and cross-price elasticities of tobacco and nicotine replacement products in the U.S. Prev Med. 2018. doi: 10.1016/j. ypmed.2018.04.024.
57 Pesko MF, Huang J, Johnston LD, Chaloupka FJ. E-cigarette price sensitivity among middle- and high-school students:
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61 Schleicher NC, Johnson T, Ahmad I, Henriksen L. Tobacco Marketing in California’s Retail Environment (2011–2014). Palo Alto, CA: Stanford Prevention Research Center, Stanford University School of Medicine. 2015. 62 Federal Trade Commission. Cigarette Report for 2018. 2019. Available at: https://www.ftc.gov/reports/federal-trade-commission-cigarette-report-2018-smokeless-tobacco-report-2018. 63 Wang TW, Falvey K, Gammon DG, et al. Sales Trends in Price-Discounted Cigarettes, Large Cigars, Little Cigars, and Cigarillos-United States, 2011-2016. Nicotine Tob Res. 2018;20(11):1401-1406. doi: 10.1093/ntr/ntx249. 64 White VM, White MM, Freeman K, Gilpin EA, Pierce JP. Cigarette promotional offers: who takes advantage? Am J Prev Med. 2006;30(3):225-231. doi: 10.1016/j.amepre.2005.11.001. 65 Pierce JP, Gilmer TP, Lee L, Gilpin EA, de Beyer J, Messer K. Tobacco industry price-subsidizing promotions may overcome the downward pressure of higher prices on initiation of regular smoking. Health Econ. 2005;14(10):1061-1071. doi: 10.1002/hec.990.
66 Ling PM, Glantz SA. Why and How the Tobacco Industry Sells Cigarettes to Young Adults: Evidence From Industry Documents. Am J Public Health. 2002;92(6):908-916. doi: 10.2105/ajph.92.6.908. 67 Lempert LK, Glantz SA. Tobacco Industry Promotional Strategies Targeting American Indians/Alaska Natives and Exploiting Tribal Sovereignty. Nicotine Tob Res. 2019;21(7):940-948. doi: 10.1093/ntr/nty048. 68 Slater SJ, Chaloupka FJ, Wakefield M, Johnston LD, O’Malley PM. The impact of retail cigarette marketing practices on youth smoking uptake. Arch Pediatr Adolesc Med. 2007;161(5):440-445. doi: 10.1001/archpedi.161.5.440.
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 32 69 Xu X, Wang X, Caraballo RS. Is Every Smoker Interested in Price Promotions? An Evaluation of Price-Related Discounts by Cigarette Brands. J Public Health Manag Pract. 2016;22(1):20-28. doi: 10.1097/PHH.0000000000000223. 70 Xu X, Pesko MF, Tynan MA, Gerzoff RB, Malarcher AM, Pechacek TF. Cigarette price-minimization strategies by U.S. smokers. Am J Prev Med. 2013;44(5):472-476. doi: 10.1016/j.amepre.2013.01.019. 71 Cal. Health & Safety Code § 118950(b)-(c)(1). The California Supreme Court upheld this law, finding that federal law did not preempt the state law. People v. R.J. Reynolds Tobacco Co., 124 P.3d 408 (Cal. 2005). 72 Chicago Municipal Code § 4-64-905.
73 New York City Administrative Code § 17-176.1.
74 Oakland, California, Municipal Code § 5.91.040.
75 Providence, Rhode Island Municipal Code § 14-303.
76 Nat’l Ass’n of Tobacco Outlets, Inc. v. City of New York, 27 F. Supp. 3d 415 (S.D.N.Y. 2014). 77 Nat’l Ass’n of Tobacco Outlets, Inc. v. City of Providence, R.I., 731 F.3d 71 (1st Cir. 2013). 78 21 C.F.R. § 1140.16(b).
79 Schleicher NC, Johnson T, Rigdon J, et al. California Tobacco Retail Surveillance Study, 2017. Available at: https://www. cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document%20Library/ResearchandEvaluation/SurveyInstrumentsTrainingManualsAndProtocols/CaliforniaTobaccoRetailSurveillanceStudt2017-CTRSS%206-4.pdf. 80 Schleicher NC, Johnson T, Vishwakarma M, et al. California Tobacco Retail Surveillance Study 2018. Available at:
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82 Huang J, Chriqui JF, DeLong H, Mirza M, Diaz MC, Chaloupka FJ. Do state minimum markup/price laws work? Evidence from retail scanner data and TUS-CPS. Tob Control. 2016;25(Suppl 1):i52-i59. doi: 10.1136/tobaccocontrol-2016-053093. 83 Sonoma County, California Municipal Code § 32A-3(k). 84 Windsor, California Municipal Code § 3-11-115(l).
85 San Leandro Municipal Code § 4-36-150(k).86 Golden SD, Kim K, Kong A, et al. Simulating the Impact of a Cigarette Minimum Floor Price Law on Adult Smoking Prevalence in California. Nicotine Tob Res. 2020;ntaa046. doi: 10.1093/ ntr/ntaa046.
87 Golden SD, Farrelly MC, Luke DA, Ribisl KM. Comparing projected impacts of cigarette floor price and excise tax policies on socioeconomic disparities in smoking. Tob Control. 2016;25(Suppl 1):i60-i66. doi: 10.1136/tobaccocontrol-2016-053230. 88 Brock B, Carlson SC, Moilanen M, Schillo BA. Effectiveness of Local Policy Efforts to Increase the Price of Cheap Cigars in Minnesota. Am J Public Health. 2017;107(1):127-129. doi: 10.2105/AJPH.2016.303517. 89 Hill S, Amos A, Clifford D, Platt S. Impact of tobacco control interventions on socioeconomic inequalities in smoking:
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 33 91 Lipperman-Kreda S, Grube JW, Friend KB, Mair C. Tobacco outlet density, retailer cigarette sales without ID checks and enforcement of underage tobacco laws: associations with youths’ cigarette smoking and beliefs. Addiction. 2016;111(3):525-532. doi: 10.1111/add.13179.
92 Novak SP, Reardon SF, Raudenbush SW, Buka SL. Retail tobacco outlet density and youth cigarette smoking: a propensity-modeling approach. Am J Public Health. 2006;96(4):670-676. doi: 10.2105/AJPH.2004.061622. 93 Siahpush M, Jones PR, Singh GK, Timsina LR, Martin J. Association of availability of tobacco products with socio-economic and racial/ethnic characteristics of neighbourhoods. Public Health. 2010;124(9):525-529. doi: 10.1016/j. puhe.2010.04.010.
94 Lee JG, Sun DL, Schleicher NM, Ribisl KM, Luke DA, Henriksen L. Inequalities in tobacco outlet density by race, ethnicity and socioeconomic status, 2012, USA: results from the ASPiRE Study. J Epidemiol Community Health. 2017;71(5):487-492. doi: 10.1136/jech-2016-208475.
95 Loomis BR, Kim AE, Goetz JL, Juster HR. Density of tobacco retailers and its association with sociodemographic characteristics of communities across New York. Public Health. 2013;127(4):333-338. doi: 10.1016/j.puhe.2013.01.013. 96 Yu D, Peterson NA, Sheffer MA, Reid RJ, Schnieder JE. Tobacco outlet density and demographics: analysing the relationships with a spatial regression approach. Public Health. 2010;124(7):412-416. doi: 10.1016/j.puhe.2010.03.024. 97 Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent JD. Predictors of tobacco outlet density nationwide: a geographic analysis. Tob Control. 2013;22(5):349-355. doi: 10.1136/tobaccocontrol-2011-050120. 98 Fakunle DO, Curriero FC, Leaf PJ, Furr-Holden DM, Thorpe RJ. Black, White, or Green? The Effects of Racial Composition and Socioeconomic Status on Neighborhood-Level Tobacco Outlet Density. Ethn Health. 2019;1-16. doi:
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99 Finan LJ, Lipperman-Kreda S, Abadi M, et al. Tobacco outlet density and adolescents’ cigarette smoking: a meta-analysis. Tob Control. 2019;28:27-33. doi: 10.1136/tobaccocontrol-2017-054065. 100 Schleicher NC, Johnson TO, Fortmann SP, Henriksen L. Tobacco outlet density near home and school: Associations with smoking and norms among US teens. Prev Med. 2016;91:287-293. doi: 10.1016/j.ypmed.2016.08.027. 101 Finan LJ, Lipperman-Kreda S, Abadi M, et al. Tobacco Outlet Density and Adolescents’ Cigarette Smoking: A Meta-Analysis. Tob Control. 2019;28(1):27-33. doi: 10.1136/tobaccocontrol-2017-054065. 102 Lovato CY, Hsu HCH, Sabiston CM, Hadd V, Nykiforuk CIJ. Tobacco Point-of-Purchase marketing in school neighbourhoods and school smoking prevalence: a descriptive study. Can J Public Health. 2007;98(4):265-270. doi: 10.17269/ cjph.98.865.
103 Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239-244. doi: 10.1093/ntr/ntw185. 104 HG, Henry KA, Scheeres A, et al. Tobacco Retail Licensing and Density 3 Years After License Regulations in Philadelphia, Pennsylvania (2012-2019). Am J Public Health. 2020;110(4):547-553. doi: 10.2105/AJPH.2019.305512. 105 Cantrell J, Pearson JL, Anesetti-Rothermel A, Xiao H, Kirchner TR, Vallone D. Tobacco Retail Outlet Density and Young Adult Tobacco Initiation. Nicotine Tob Res. 2016;18(2):130-137. doi: 10.1093/ntr/ntv036. 106 Young-Wolff KC, Henriksen L, Delucchi K, Prochaska JJ. Tobacco retailer proximity and density and nicotine dependence among smokers with serious mental illness. Am J Public Health. 2014;104(8):1454-1463. doi: 10.2105/ AJPH.2014.301917.
107 Reitzel LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health. 2011;101(2):315-320. doi: 10.2105/AJPH.2010.191676.
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 34 108 Luke DA, Ribisl KM, Smith C, Sorg AA. Family Smoking Prevention And Tobacco Control Act: banning outdoor tobacco advertising near schools and playgrounds. Am J Prev Med. 2011;40(3):295-302. doi: 10.1016/j.amepre.2010.11.018. 109 Fakunle DO, Milam AJ, Furr-Holden CD, Butler J, 3rd, Thorpe RJ, Jr., LaVeist TA. The inequitable distribution of tobacco outlet density: the role of income in two Black Mid-Atlantic geopolitical areas. Public Health. 2016;136:35-40. doi:
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110 Galiatsatos P, Kineza C, Hwang S, et al. Neighbourhood characteristics and health outcomes: evaluating the association between socioeconomic status, tobacco store density and health outcomes in Baltimore City. Tob Control. 2018;27(e1):e19-e24. doi: 10.1136/tobaccocontrol-2017-053945. 111 Berg CJ, Henriksen L, Cavazos-Rehg PA, Haardoerfer R, Freisthler B. The emerging marijuana retail environment:
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113 Jernigan DH, Sparks M, Yang E, Schwartz R. Using public health and community partnerships to reduce density of alcohol outlets. Prev Chronic Dis. 2013;10:E53. doi: 10.5888/pcd10.120090. 114 Cal. Bus. & Prof. Code § 23817.5.
115 Bright Research Group for the San Francisco Tobacco-Free Project. Reducing Tobacco Retail Density in San Francisco: A Case Study. 2016. Available at: https://sanfranciscotobaccofreeproject.org/wp-content/uploads/Retail-Density-CaseStudy-1.27.16-FINAL-to-TFP.pdf. 116 Center for Public Health Systems Science. Point-of-Sale Report to the Nation: Realizing the Power of States and Communities to Change the Tobacco Retail and Policy Landscape. St. Louis, MO: Center for Public Health Systems Science at the Brown School at Washington University in St. Louis and the National Cancer Institute, State and Community Tobacco Control Research Initiative. 2016. Available at: https://cpb-us-w2.wpmucdn.com/sites.wustl.edu/dist/e/1037/ files/2017/10/Reporttothenation_2016-2mfepqr.pdf.
117 Attorneys General Call on Retail Pharmacies to Stop Selling Tobacco Products [press release]. March 28, 2014. Available at: https://news.delaware.gov/2014/03/18/attorneys-general-call-on-retail-pharmacies-to-stop-selling-tobacco-products. 118 Henriksen L, Schleicher NC, Barker DC, Liu Y, Chaloupka FJ. Prices for Tobacco and Nontobacco Products in Pharmacies Versus Other Stores: Results From Retail Marketing Surveillance in California and in the United States. Am J Public Health. 2016;106(10):1858-1864. doi: 10.2105/AJPH.2016.303306. 119 Jin Y, Lu B, Klein EG, Berman M, Foraker RE, Ferketich AK. Tobacco-Free Pharmacy Laws and Trends in Tobacco Retailer Density in California and Massachusetts. Am J Public Health. 2016;106(4):679-685. doi: 10.2105/ AJPH.2015.303040.
120 Polinski JM, Howell B, Gagnon MA, Kymes SM, Brennan TA, Shrank WH. Impact of CVS Pharmacy’s Discontinuance of Tobacco Sales on Cigarette Purchasing (2012-2014). Am J Public Health. 2017;107(4):556-562. doi: 10.2105/ AJPH.2016.303612.
121 Cal. Bus. & Prof. Code § 22963.
122 Prevent All Cigarettes Trafficking Act of 2009, Pub. L. No. 111-154, 124 Stat. 1087 (2009). 123 21 U.S.C. § 387f(d)(4)(A).
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 35 124 Food and Drug Administration. Report to Congress — Progress and Effectiveness of the Implementation of the Family Smoking Prevention and Tobacco Control Act. U.S. Department of Health and Human Services. 2013. Available at: https:// www.fda.gov/downloads/tobaccoproducts/labeling/rulesregulationsguidance/ucm371271.pdf. 125 Williams RS, Derrick J, Phillips KJ. Cigarette sales to minors via the internet: how the story has changed in the wake of federal regulation. Tob Control. 2017;26(4):415-420. doi: 10.1136/tobaccocontrol-2015-052844. 126 Williams RS, Derrick J, Liebman AK, LaFleur K, Ribisl KM. Content analysis of age verification, purchase and delivery methods of internet e-cigarette vendors, 2013 and 2014. Tob Control. 2018;27(3):287-293. doi: 10.1136/tobaccocon- trol2016-053616. 127 Williams RS, Derrick JC. Internet Little Cigar and Cigarillo Vendors: Surveillance of Sales and Marketing Practices via Website Content Analysis. Prev Med. 2018;109:51-57. doi: 10.1016/j.ypmed.2018.01.017. 128 FDA announces comprehensive regulatory plan to shift trajectory of tobacco-related disease, death [press release].
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131 Pesko MF, Robarats AM. Adolescent Tobacco Use in Urban Versus Rural Areas of the United States: The Influence of Tobacco Control Policy Environments. J Adolesc Health. 2017;61(1):70-76. doi: 10.1016/j.jadohealth.2017.01.019. 132 Chaffee BW, Couch ET, Urata J, et al. Predictors of Smokeless Tobacco Susceptibility, Initiation, and Progression Over Time Among Adolescents in a Rural Cohort. Subst Use Misuse. 2019;54(7):1154-1166. doi: 10.1080/10826084.2018. 133 Healthy Retail SF. https://susanahennessey-lavery.squarespace.com. Accessed July 13, 2018. 134 Davis KC, Grimshaw V, Merriman D, et al. Cigarette trafficking in five northeastern US cities. Tob Control. 2014;23(e1):e62-68. doi: 10.1136/tobaccocontrol-2013-051244. 135 Kurti MK, von Lampe K, Thompkins DE. The illegal cigarette market in a socioeconomically deprived inner-city area:
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140 California Tobacco Control Program. California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016.
141 Kann L, McManus T, Harris WA, et al. Youth Risk Behavior Surveillance — United States, 2017. MMWR Surveill Summ. 2018;67(8):1-114 and Supplementary Tables 52-93. doi: 10.15585/mmwr.ss6708a1. 142 Burrows, D.S. “Estimated Change in Industry Trend Following Federal Excise Tax Increase.” UCSF Library Truth Tobacco Industry Documents. Date Mod. Industry, Apr. 17, 2012: https://www.industrydocumentslibrary.ucsf.edu/tobacco/ docs/nnnw0084. Accessed May 12, 2020.
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 36 143 National Association of Convenience Stores. U.S. Convenience Store Count. Available at: https://www.convenience. org/Research/FactSheets/ScopeofIndustry/IndustryStoreCount; Statista. In-store merchandise sales of convenience stores in the United States in 2018, by product category. Available at: https://www.statista.com/statistics/308783/usconvenience-stores-in-store-merchandise-sales-by-category (Cigarettes + Other Tobacco Products Sales = $81.056 billion).
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149 Wackowski O, Delnevo CD. Menthol cigarettes and indicators of tobacco dependence among adolescents. Addict Behav. 2007;32(9):1964-1969. doi: 10.1016/j.addbeh.2006.12.023. 150 Oliver AJ, Jensen JA, Vogel RI, Anderson AJ, Hatsukami DK. Flavored and nonflavored smokeless tobacco products:
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 37 159 National Cancer Institute. Cigar Smoking and Cancer. 2020; https://www.cancer.gov/about-cancer/causes-prevention/risk/tobacco/cigars-fact-sheet. Accessed May 12, 2020. 160 Waziry R, Jawad M, Ballout RA, Al Akel M, Akl EA. The effects of waterpipe tobacco smoking on health outcomes: an updated systematic review and meta-analysis. Int J Epidemiol. 2017;46(1):32-43. doi: 10.1093/ije/dyw021. 161 Stepanov I, Biener L, Knezevich A, et al. Monitoring tobacco-specific N-nitrosamines and nicotine in novel Marlboro and Camel smokeless tobacco products: findings from Round 1 of the New Product Watch. Nicotine Tob Res. 2012;14(3):274-281. doi: 10.1093/ntr/ntr209.
162 National Cancer Institute. Monograph 2: Smokeless Tobacco or Health: An International Perspective. 1992. 163 Pickworth WB, Rosenberry ZR, Koszowski B. Large Cigars: Smoking Topography and Toxicant Exposure. Nicotine Tob Res. 2018;20(2):183-191. doi: 10.1093/ntr/ntw289.
164 Pickworth WB, Rosenberry ZR, Yi D, et al. Cigarillo and Little Cigar Mainstream Smoke Constituents from Replicated Human Smoking . Chem Res Toxicol. 2018;31(4):251-258. doi: 10.1021/acs.chemrestox.7b00312. 165 Yao T, Ong MK, Max W, et al. Responsiveness to cigarette prices by different racial/ethnic groups of US adults. Tob Control. 2018;27(3):301-309. doi: 10.1136/tobaccocontrol-2016-053434. 166. Levy DT, Tam J, Kuo C, Fong GT, Chaloupka F. The Impact of Implementing Tobacco Control Policies: The 2017 Tobacco Control Policy Scorecard. J Public Health Manag Pract. 2018;24(5)448-457. doi: 10.1097/PHH.0000000000000780. 167 Tessman GK, Caraballo RS, Corey CG, Xu X, Chang CM. Exposure to tobacco coupons among U.S. middle and high school students. Am J Prev Med. 2014;47(2 Suppl 1):S61-68. doi: 10.1016/j.amepre.2014.05.001. 168 Mills SD, Golden SD, Henrisksen L. Neighbourhood disparities in the price of the cheapest cigarettes in the USA. J Epidemiol Community Health. 2019;73(9):894-896. doi: 10.1136/jech-2018-210998. 169 Counter Tobacco. Disparities in Point-of-Sale Advertising and Retailer Density. Available at: https://countertobacco. org/resources-tools/evidence-summaries/disparities-in-point-of-sale-advertising-and-retailer-density. Accessed May 18, 2020.
170 Lempert LK, Glantz SA. Tobacco Industry Promotional Strategies Targeting American Indians/Alaska Natives and Exploiting Tribal Sovereignty. Nicotine Tob Res. 2018. doi: 10.1093/ntr/nty048. 171 Henriksen L, Schleicher NC, Johnson TO, Roeseler A, Zhu SH. Retail Tobacco Marketing in Rural Versus Nonrural Counties: Product Availability, Discounts, and Prices. Health Promot Pract. 2020;21(1_suppl):27S-36S. doi:
10.1177/1524839919888652.
172 Osman A, Queen T, Choi K, Goldstein AO. Receipt of direct tobacco mail/email coupons and coupon redemption:
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173 Cal. Penal Code § 308.3(a).
174 Gammon DG, Rogers T, Coats EM, et al. National and state patterns of concept-flavoured cigar sales, USA, 2012-2016.
Tob Control. 2019;28(4):394-400. doi: 10.1136/tobaccocontrol-2018-054348. 175 Gammon DG, Loomis BR, Dench DL, King BA, Fulmer EB, Rogers T. Effect of price changes in little cigars and cigarettes on little cigar sales: USA, Q4 2011-Q4 2013. Tob Control. 2016;25(5):538-544. doi: 10.1136/tobaccocontrol-2015-052343. 176 Jawad M, Lee JT, Glantz S, Millett C. Price elasticity of demand of non-cigarette tobacco products: a systematic review and meta-analysis. Tob Control. 2018;27(6):689-695. doi: 10.1136/tobaccocontrol-2017-054056.
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www.publichealthlawcenter.org/caltobacco Comprehensive Tobacco Retailer Licensing Ordinance 38 177 Ringel JS, Wasserman J, Andreyeva T. Effects of public policy on adolescents’ cigar use: evidence from the National Youth Tobacco Survey. Am J Public Health. 2005;95(6):995-998. doi: 10.2105/AJPH.2003.030411.178; Katz MH. Banning tobacco sales in pharmacies: the right prescription. JAMA. 2008;300(12):1451-1453. doi: 10.1001/ jama.300.12.1451.
179 Hudmon KS, Fenlon CM, Corelli RL, Prokhorov AV, Schroeder SA. Tobacco sales in pharmacies: time to quit. Tob Control. 2006;15(1):35-38. doi: 10.1136/tc.2005.012278. 180 Golden SD, K T-M, Kong AY, et al. County-level associations between tobacco retailer density and smoking prevalence in the USA, 2012. Prev Med Rep. 2020; Mar:17:101005. doi: 10.1016/j.pmedr.2019.101005. 181 Leas EC, Schleicher NC, Prochaska JJ, Henriksen L. Place-Based Inequity in Smoking Prevalence in the Largest Cities in the United States. JAMA Intern Med. 2019;179(3):442-444. doi: 10.1001/jamainternmed.2018.5990. 182 Farley SM, Maroko AR, Suglia SF, Thorpe LE. The Influence of Tobacco Retailer Density and Poverty on Tobacco Use in a Densely Populated Urban Environment. Public Health Rep. 2019;134(2):164-171. doi: 10.1177/0033354918824330. 183 Abdel Magid HS, Halpern-Felsher B, Ling PM, et al. Tobacco Retail Density and Initiation of Alternative Tobacco Product Use Among Teens. J Adolesc Health. 2020;66(4):423-430. doi: 10.1016/j.jadohealth.2019.09.004. 184 Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR. The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction. 2015;110(1):152-161. doi: 10.1111/ add.12718.
185 Vyas P, Tsoh JY, Gildengorin G, et al. Disentangling individual and neighborhood differences in the intention to quit smoking in Asian American male smokers. Prev Med Rep. 2020;18:101064. doi: 10.1016/j.pmedr.2020.101064. 186 Shareck M, Datta GD, Vallee J, Kestens Y, Frohlick KL. Is Smoking Cessation in Young Adults Associated With Tobacco Retailer Availability in Their Activity Space? Nicotine Tob Res. 2020;22(4):512-521. doi: 10.1093/ntr/nty242. 187 Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent J. Retail tobacco exposure: using geographic analysis to identify areas with excessively high retail density. Nicotine Tob Res. 2014;16(2):155-165. doi: 10.1093/ntr/ntt126. 188 Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy approaches for tobacco retailer reduction. Prev Med. 2015;74:67-73. doi: 10.1016/j.ypmed.2015.01.025.
189 Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi: 10.2105/AJPH.2017.303685.190; Henriksen L, Schleicher NC, Ababseh K, Johnson TO, Fortmann SP. Marijuana as a ‘concept’ flavour for cigar products: availability and price near California schools. Tob Control. 2017. doi: 10.1136/tobaccocontrol-2017-053961. 191 Richter L, Pugh BS, Smith PH, Ball SA. The co-occurrence of nicotine and other substance use and addiction among youth and adults in the United States: implications for research, practice, and policy. Am J Drug Alcohol Abuse. 2017;43(2):132-145. doi: 10.1080/00952990.2016.1193511. 192 Conway KP, Green VR, Kasza KA, et al. Co-occurrence of Tobacco Product Use, Substance Use, and Mental Health Problems Among Youth: Findings From Wave 1 (2013-2014) of the Population Assessment of Tobacco and Health (PATH) Study. Addict Behav. 2018;76:208-217. doi: 10.1016/j.addbeh.2017.08.009. 193 DiFranza JR. Best Practices for Enforcing State Laws Prohibiting the Sale of Tobacco to Minors. J Public Health Manag Pract. 2005;11(6):559-565. doi: 10.1097/00124784-200511000-00014. 194 Macinko J, Silver D. Impact of New York City’s 2014 Increased Minimum Legal Purchase Age on Youth Tobacco Use.
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www.publichealthlawcenter.org/caltobacco
This document summarizes the core provisions of an optimal Tobacco Retailer License Ordinance, based on the model policy developed by the Law and Policy Partnership to End the Commercial Tobacco Epidemic (the Partnership).* For help tailoring an ordinance to local needs and preferences, please contact us at publichealthlawcenter.org/caltobacco. For further details, see our expanded model policy.
Core Provisions
Tobacco Retail License Requirements Density Limitations License required for all tobacco retailing
Nontransferable
Fees fully cover costs of administration/
enforcement
Applicable to one fixed location only
Age verification required for all transactions
No pharmacy licensees
Population density: allowable licenses limited by
population
Proximity to other retailers: minimum distance
from another tobacco or cannabis retail licensee
Proximity to youth: minimum distance from any
youth-friendly facility or location (e.g., school,
park, community center)
continued
* Public Health Law Center, California Comprehensive Tobacco Retailer License Ordinance (2020), Law and Policy Partnership to End the Commercial Tobacco Epidemic.
TOBACCO
RETAILER LICENSE
Model Policy Checklist
Mt. Shasta City Council Regular Meeting August 14, 2023 102 www.publichealthlawcenter.org/caltobacco TobaccoRetailer License 2 Core Provisions continued
Prohibitions Packaging and Labeling
Smoking — including e-cigarette use — is
prohibited inside and within 25 feet of a licensed
retailer
All flavored tobacco products, including menthol,
prohibited for sale
On-site sales with the final customer only/no
delivery sales
Self-service displays prohibited
Retailers may only sell products that 1) are in the
manufacturer’s original packaging, 2) conform to
all federal labeling requirements, and 3) conform
to all child-resistant packaging requirements
Prices clearly marked
Minimum quantity for cigarettes and little cigars
of 20
Minimum quantity for non-single-purchase
cigars of 6
Pricing Penalties
No tobacco product should be sold below an
established minimum price
No coupons/discounts honored
No free samples or promotions
Selling tobacco products without a license shall
result in tiered penalties, including fines and
license suspensions
Violations are a public nuisance
Options for civil or criminal legal action against
retailers
Definitions License Revocation
Comprehensive definition of tobacco products
including electronic smoking devices, nicotine
products, heated products, other plant products,
natural and synthetic products, and components
or accessories
License revoked after a minimum number of
violations in a defined period
Enforcement only against employers/licensees
Compliance Miscellaneous
Enforcement conducted by a civil local government
agency (e.g., code enforcement department)
Multiple inspections annually
Underage decoy operations annually
Include detailed findings and purpose section
No purchase, use, possession (PUP) penalties
This publication was prepared by the American Lung Association in California and the Public Health Law Center, a nonprofit organization that provides information and legal technical assistance on issues related to public health. The Center does not provide legal representation or advice. The information in this document should not be considered legal advice. This checklist was made possible by funds received from Grant Number 19-10229 with the California Department of Public Health, California Tobacco Control Program, and the American Lung Association in California.
April 2022
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