Staff Report
POLICY 105 REQUEST FOR ADDITION OF
TOBACCO RETAIL LICENSE PROGRAM
PLANNING DIVISION
Background
Policy 105 Request
January 21, 2025
National City Coalition for Better Health / SAY San Diego NCMC 9.38 – Restricting the sale, display, and promotion of tobacco products or cigarettes to minors Adopted in 2000, amended in 2003
Product placement location in facilities near sensitive uses Advertisement of tobacco products within 1,000 ft of sensitive uses Required signage
No sale to persons under 21
NCMC 18.30.230 – Tobacco Specialty Businesses
40% + floor area
CUP required
Background (cont.)
2018 amendments
NCMC 9.37 – Prohibition of Smoking in Open Air Dining Areas NCMC 9.38 – Restricting the sale, display, and promotion of tobacco products or cigarettes to minors NCMC 10.52 - Regulations for the use of municipal parks, playgrounds and golf courses Amended definitions of tobacco products to include electronic cigarettes State Law
California prohibits sale of tobacco products to anyone under the age of 21 Applies to traditional tobacco products, electronic smoking devices, and tobacco product paraphernalia Requirement for California Department of Tax and Fee Administration (CDTFA) license California law prohibits the sale of most flavored tobacco products Policy 105 Request
National City Coalition for Better Health / SAY San Diego San Diego Smoke-Free Project
Encourage adoption of a Tobacco Retail License (TRL) policy TRL program aimed at ensuring local and state tobacco laws are being followed Intention of program is for it to be supported through license fees Main components include:
No new license within 1,000 ft of youth-oriented facilities No new license within 1,000 ft of another tobacco retailer No new license within 1,000 ft of a cannabis retailer Total number of retail licenses limited to one per 2,500 residents No sales of flavored tobacco products
Packaging, labeling, and pricing consistent with manufacturer’s specifications and applicable federal requirements Annual renewable permit
No transfer of license between location or person
Compliance monitoring
Policy 105 Request (cont.)
All lawfully operating retailers “deemed approved”
Subject to receipt of TRL
Compliance with basic standards
Maintenance of license
No cessation of sales for more than 60 days
No substantial change in premises or operation
Compliance with state, federal licensing requirements 54 existing retailers in National City
Based on 1 license per 2,500 residents suggestion, 22 new licenses could be approved
No new tobacco retail licenses would be permitted without attrition Policy 105 Request (cont.)
Proponent suggests premises check and two compliance checks annually Absolute requirement memorialized in an Ordinance may be problematic given number of existing retailers
More than one inspection per week
Dependent on workload and staff positions
Other cities with TRL in San Diego County
Chula Vista; El Cajon; Escondido
Lemon Grove; Oceanside; San Diego
San Marcos; Solana Beach; Vista
County of San Diego
Staff looked at County and Chula Vista programs for comparison Policy 105 Request (cont.)
City of Chula Vista
Program administered by Police Department
Costs $322 each year
Compliance checks required every two years
Licensees required to maintain appropriate licensing
California Cigarette and Tobacco Products Retailer’s License City business license
Tobacco Retailers Permit
County of San Diego
Costs $730 per year
Requires compliance checks, including decoy operations, once a year Policy 105 Request (cont.)
If City Council opts to create a TRL, staff suggests:
Fees closer to that of the County ($730)
Compliance schedule (with decoy operations as an optional component dependent on workload and staff levels/priorities) similar to Chula Vista (checks at least once every 2 years) Additional discussion
Information from proponent suggests existing 80% compliance rate Potential to start with reduced test program (10-20%) Tracking compliance, budget, staff resources and increase over time Participating departments (Code, Planning, Police Department) Why a Tobacco Retail
License Program
Matters!
2024
Presented by: Manuel Andrade, Senior Prevention Specialist Key Concepts
What is a Tobacco Retail
License Program (TRL)?
How can you get involved?
Who is in National City & who is
affected by tobacco?
How does a strong TRL serve
National City residents?
Key Concepts
Who is in National
City and who is
affected by
tobacco?
Tobacco Retailers: 54
Schools: 16
Population: 56,846
Latino: 64.9%
API: 17.6%
White: 10.2%
Under 21 years old: 26.4%
81.3% of schools located within 1000 ft.
43.8% of schools located within 500 ft.
National City's Demographics
California Tobacco Health Assessment Tool. (April 2024) Stanford School of Health). Retrieved from:
https://cthat.org/
Tobacco Retailers
San Diego County & National City
California Tobacco Health Assessment Tool. (April 2024) Stanford School of Health. Retrieved from: https://cthat.org/ San Diego County National City
Nicotine addiction in youth:
makes it harder to concentrate, learn, and control impulses changes, replaces and rewires natural chemicals in the brain, increasing ability to become addicted
The hippocampus and frontal cortex suffer most from drug use, impacting youths’:
decision making
mood
learning
memory
Who is Affected by Tobacco?
Nicotine & Addiction (n.d.). Retrieved from: (https://teen.smokefree.gov/the-risks-of-tobacco/nicotine-addictiSheplayon Shipley. T. (2015, August 19). Explainer: The Nicotine Brain. Retrieved From: Nicotine & Addiction (n.d) Retrieved from: (https://teen.smokefree.gov/the-risks-of-tobacco/nicotine-addictiSheplayon Shipley. T. (2015, August 19) Exprainers:The Nicotine Brain. Retrived From: https://www.snexplores.org/article/explainer-nico-teen-brain Signs Your Teen May Be Vaping (n.d) Retrived from: https://ruthlessvapor.com/blogs/ruthless-e-liquid/teen-vaping Signs Your Teen May Be Vaping (n.d.) Nicotine & Addiction (n.d) Retrieved from: (https://teen.smokefree.gov/the-risks-of-tobacco/nicotine-addictiSheplayon Shipley. T. (2015, August 19) Exprainers:The Nicotine Brain. Retrived From: https://www.snexplores.org/article/explainer-nico-teen-brain Signs Your Teen May Be Vaping (n.d) Retrived from: https://ruthlessvapor.com/blogs/ruthless-e-liquid/teen-vaping Harm from tobacco and other drugs in youth can be long-term and irreversible The Impact of Addiction
Nicotine = Brain Posion
Clark O. (2020, November 2) Addiction and Maslow Hierarchy of Needs. Retrieved from: https://www.rehab4addiction.co.uk/resources/addiction-maslows-hierarchy-needs Fenton R. (2022, February 11) Teen who nearly died from lung damage cause by vaping now relies on oxygen 24/7. Retrived from: https://www.mirror.co.uk/news/us-news/teen-who-nearly-died-lung26203425February 11) Addiction is defined as a chronic, relapsing disorder characterized by compulsive drug seeking, continued use despite harmful consequences, and long-lasting changes in the brain.
It is considered both a complex brain disorder and mental illness.
Addiction disrupts youth’s hierarchy of needs, desires and dreams, including eating, sleeping, studying, exercise, hygiene, respect etc.
The Impact of Addiction
Nicotine Addiction = Severe Lung Damage
Cost B. (2023, November 9). Doctors use breast implants to save lung transplant patient who nearly died from vaping. Retrieved from: https://nypost.com/2023/11/09/lifestyle/doctors-use-breast-implants-to-save-former-vaper-who-nearly-died/ Shivastava I (2024, January 20). North Dakota man, only 22 years old, has DOUBLE LUNG transplant caused by his vaping habit: Can never drink or smoke again and will eventually need another new set of lungs fitted https://www.dailymail.co.uk/news/article-12987853/North-Dakota-man-double-lung-transplantvaping.html Harmata C. (2019, August 22). 17-Year-Old Boy's Lungs Completely Blocked from Vaping, Doctors Say. Retrieved from: https://people.com/health/17-year-old-boys-lungs-completely-blocked-from-vaping-doctors-say/ San Diego County Communicable Disease Registry. (2021, October 6). Produced by the Epidemiology and Immunization Services Branch. Retrieved from: https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/EVALI%20Summary.pdf Haglage A. (2020, January 10). Teen's graphic images of vaping damage go viral: 'My lung tissue was just completely destroyed'. Retrieved from: https://www.yahoo.com/lifestyle/teens-graphic-images-of-vaping-damage-goes-viral-my-lung-tissue-was-just-completely-destroyed Perception, Use, and Where SUHSD Students
Obtain Tobacco Products
Sweetwater Union High School District
(SUHSD) Vaping and Tobacco Survey
(2021)
2,404 survey responses were collected from
students in grades 9-12 from 14 SUHSD
campuses.
SUHSD Vaping & Tobacco Survey (2021)
City Council Staff Report. (2022, September 27). Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista. Retrieved from: https://pubchulavista.escribemeetings.com/filestream.ashx?DocumentId=27896 SUHSD Vaping & Tobacco Survey (2021)
City Council Staff Report. (2022, September 27). Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista. Retrieved from: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=27896 SUHSD Vaping & Tobacco Survey (2021)
City Council Staff Report. (2022, September 27). Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista. Retrieved from: https://pubchulavista.escribemeetings.com/filestream.ashx?DocumentId=27896 Young Adult Tobacco Purchase Survey in National City (YAPTS) San Diego Smoke-Free Project measured how often National City tobacco retailers would sell tobacco to underage (18-19 year old) volunteers. 9 of 50 (18%) stores sold tobacco products to an underage volunteer – eight illegal sales occurred at convenience type stores, the other occurred at a smoke shop. 14 of 50 (26%) store clerks failed to ask investigators for their ID, including during 4 of the 9 illegal sales.
National City has four smoke shops. Only one National City smoke shop had 21+ signage and No investigators were carded at smoke shop doors.
Young Adult Tobacco Purchase. San Diego Smoke-Free Project . 2023. Funded by CDPH under contract #20-10005 San Diego Unified Youth Risk Behavior Survey
(RYAS - 2023)
What risks are our high school students taking?
Alcohol, Tobacco & Other Drug Use
31.4% Have used an electronic vapor product (e.g., e-cigarette, vape pipe, hookah pen, JUUL, etc.
22% Drank alcohol during the 30 days before taking the survey 11.6% Report current binge drinking
18.6% Report regular marijuana use
San Diego Unified School District (2023). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: https://nccd.cdc.gov/Youthonline/App/Results.aspx? TT=A&OUT=0&SID=HS&QID=QQ&LID=XX&YID=2017&LID2=&YID2=&COL=S&ROW1=N&ROW2=N&HT=QQ&LCT=LL&FS=S1&FR=R1&FG=G1&FA=A1&FI=I1&FP=P1&FSL=S1&FRL=R1&FGL=G1&FAL=A1&FIL =I1&FPL=P1&PV=&TST=False&C1=&C2=&QP=G& DP=1&VA=CI&CS=Y&SYID=&EYID=&SC=DEFAULT&SO=ASC#PageTop Key Concepts
What is a Tobacco
Retail License
Program?
Tobacco Retail License
(TRL) Programs
A local policy containing a framework of all
laws related to the sale of tobacco products
Includes a fee to obtain a license to sell
tobacco, which funds all compliance
checks (not tax dollars)
Strong TRLs protect
youth
Benefits of a Comprehensive Tobacco
Retail License Program
Protects the community from illegal sales
Reduces youth access to tobacco products
Ensures retailers who violate the tobacco laws
are held accountable
Reduces the availability of tobacco products
and advertising
Customizable!
It can be strengthened and improved
Convenience
Store
Counter Tobacco (n.d). Licensing, Zoning and Retailer Density . Retrieved from: https://countertobacco.org/policy/licensing-and zoning/#:~:text=Another%20benefit%20of%20tobacco%20retailer%20licensing%20programs%20is,the%20total%20number%20of%20retailers%20and%20reduce%20density County of San Diego TRL National City has no TRL
Annual compliance checks
Strong penalties for violations including
suspension of TRL
Tobacco Control Resource Program (HHSA)
responsible for enforcement
New retailers within 500 feet of an existing
licensed tobacco retailer are NOT eligible for
a TRL
Cap of 330 TRLs in the Unincorporated Area
Minimum price and pack requirement
Pharmacies are NOT eligible for a TRL
The annual TRL fee is $730*
San Diego Smoke-Free Project is
organizing a community coalition to
advocate for the adoption of a TRL in
National City.
Tobacco Retail License Program
Components
Fees
Density Flavors
Compliance Penalties
Which components of a Tobacco Retail License
could be included in National City’s program?
D. Fees
B. Flavors
C. Density
A. Compliance/Enforcement
Key Concepts
How does a strong
TRL serve National
City residents?
National City Public Opinion Poll
Survey Results
N=113
79% Agreed flavored tobacco products often appeal to youth and would support a law that ends the sale of any flavored tobacco product.
88% Agreed that store owners in the community should have a license to sell tobacco products the same way they are licensed to sell alcohol.
86% Agreed a tobacco retail licensing ordinance would reduce tobacco sales to minors in National City.
93% Agreed licensed tobacco retailers who repeatedly violate the law should have their license revoked.
Public Opinion Poll. San Diego Smoke-Free Project . 2023. Funded by CDPH under contract #20- 10005
Tobacco Retail License Program for National City
The strongest TRL for
National City would include
the following components:
Additional
components to
consider:
Strong penalties for retailers
who violate the law
Retailers required to ask for ID
National City Police
Department responsible for
enforcement
Cover the costs of compliance
checks with the license fee
amount
Assess all retailers annually
Set a minimum tobacco
price and pack size
Prohibit pharmacies from
having a TRL
Limit the number of retailers
that sell tobacco
Prohibit the sale of ALL
flavored tobacco products
Set distance from youth
sensitive areas
Cynthia Knapp, MPH | Program Manager
SAY San Diego | [email protected]
Manuel Andrade, MA | Senior Prevention Specialist San
Diego Smoke-Free Project [email protected]
For questions and additional
information, please contact:
San Diego Smoke-Free Project is a project of SAY San Diego and is funded by CDPH contract #20-10005 References
California Tobacco Health Assessment Tool. (April 2024) Stanford School of Health). Retrieved from: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: ://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey Nicotine & Addiction (n.d.). Retrieved from: (https://teen.smokefree.gov/the-risks-of-tobacco/nicotine-addictiSheplayon Shipley. T. (2015, August 19). Explainer: The Nicotine Brain. Retrieved From: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: ://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey Signs Your Teen May Be Vaping (n.d.). Retrieved from: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: ://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey Clark O. (2020, November 2)Addiction and Maslow Hierarchy of Needs. Retrieved from: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: ://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey Fenton R. (2022, February 11) Teen who nearly died from lung damage cause by vaping now relies on oxygen 24/7. Retrieved from: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from:
://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey) Cost B. (2023, November 9).Doctors use breast implants to save lung transplant patient who nearly died from vaping. Retrieved from: https://nypost.com/2023/11/09/lifestyle/doctors-use-breast-implants-to-save-former-vaper-whonearly-died/ Shrivastava I. (2024, January 20). North Dakota man, only 22 years old, has DOUBLE LUNG transplant caused by his vaping habit: Can never drink or smoke again and will eventually need another new set of lungs fitted https://www.dailymail.co.uk/news/article-12987853/North-Dakota-man-double-lung-transplant-vaping.html Harmata C. (2019, August 22). 17-Year-Old Boy's Lungs Completely Blocked from Vaping, Doctors Say. Retrieved from: https://people.com/health/17-year-old-boys-lungs-completely-blocked-from-vaping-doctors-say/ San Diego County Communicable Disease Registry. (2021, October 6). Produced by the Epidemiology and Immunization Services Branch. Retrieved from:
https://www.sandiegocounty.gov/content/dam/sdc/hhsa/programs/phs/Epidemiology/EVALI%20Summary.pdf Haglage A. (2020, January 10). Teen's graphic images of vaping damage go viral: 'My lung tissue was just completely destroyed'. Retrieved from: https://www.yahoo.com/lifestyle/teens-graphic-images-of-vaping-damage-goes-viralmy-lung-tissue-wasjust-completely-destroyed City Council Staff Report (2022, September 27). Tobacco Sales: Consider Prohibiting Flavored Tobacco Sales within the City of Chula Vista. Retrieved from: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: ://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey Young Adult Tobacco Purchase. San Diego Smoke-Free Project. (2023). Funded by CDPH under contract #20-10005 San Diego Unified School District. (2023). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from: ://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey Counter Tobacco (n.d.). Licensing, Zoning and Retailer Density. Retrieved from: https://countertobacco.org/policy/licensing-and zoning/#:~:text=Another%20benefit%20of%20tobacco%20retailer%20licensing%20programs%20is,the%20total%20number%20of%20retailers%20and%20reduce%20density Public Opinion Poll. San Diego Smoke-Free Project. 2023. Funded by CDPH under contract #20-10005 Merriam-Webster. (n.d.). Advocacy. In Merriam-Webster.com dictionary. Accessed (April, 13 2021). Retrieved from California Tobacco Health Assessment Tool. Stanford School of Health) Retrieved from:
https://cthat.org/temp/46f681cc5cd92e951fe8ca1c61083daa/CCHAT_Report_National_City.pdf San Diego Unified School District (2021). High School Youth Risk Behavior Surveillance System- San Diego. Retrieved from:
://www.sandiegounified.org/departments/sexual_health_education/surveillance/youth_risk_behavior_survey