TOBACCO RETAIL LICENSE PROGRAM
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 youthoriented 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
Ordinance
➢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 ➢Staff is suggesting 1 license per 800 residents (up to 68 licenses) Ordinance (cont.)
➢ Other cities in San Diego county that have a tobacco retail license program include Chula Vista, El Cajon, Escondido, Lemon Grove, Oceanside, San Diego, San macros, Solana Beach, and Vista.
➢ Staff looked at Chula Vista and the County of San Diego programs. ➢ Chula Vista program (PD) charges $322 per year.
➢ Compliance checks required every two years.
➢ Licensees required to maintain a California cigarette and tobacco products retailer’s license in addition to a city business license and tobacco retailers permit. ➢ County of San Diego program costs $730 per year and requires compliance checks, including decoy operations, once a year.
Ordinance (cont.)
Decoy Checks
➢ SAY San Diego suggested two annual compliance checks (decoy checks). ➢ Having an absolute requirement memorialized in an ordinance may be problematic given the number of existing retailers in the City (more that one inspection per week).
➢ Language allows for “up to two compliance checks” per year, which allows some flexibility depending on resources.
Options
➢ Provide feedback to staff and/or introduce the Ordinance entitled, “an Ordinance of the City Council of the City of National City Amending Title 9 of the National City Municipal Code by Amending Chapter 9.38 Pertaining to Tobacco Retailer Licensing and Restricting the Sale, Display and Promotion of Tobacco to Youth.”
➢ Staff is recommending introduction of the draft attached Ordinance.