Adding Chapter 6-20
Regulation of Retail Tobacco Sales
May 21, 2024 Jason Nutt, Assistant City Manager 1
TRL Purpose
Licenses provide important public safeguards in the regulation of hazardous and potentially harmful products and
businesses.
• Proactive rather than reactive compliance monitoring
• Improves compliance with business standards and laws
• For tobacco sales, research confirms that TRLs can:
• Reduce youth access and use of tobacco
• Reduce illegal sales of banned products
• Reduce tobacco-related health inequities
• Create a mechanism for policy adoption that is nimble and responsive to our local issues.
• Create an even playing field for tobacco retailers
• Council directed focus to reduce youth sales and use
Statewide Tobacco
Retail Policies
226 (47%) CA municipalities require a
TRL to sell tobacco
• 7 of 10 jurisdictions in Sonoma
County impose additional
local restrictions on the sale of
tobacco, mostly via TRL.
• North of Sonoma County: Most
of Mendocino County covered by
TRL (Fort Bragg is the exception)
• South of Sonoma County: All of
Marin County is covered by TRL
Tobacco Retail Policies
4 GREEN: STRONG POLICY
• Petaluma
• Sebastopol
• Windsor
• Unincorporated Sonoma
County*
YELLOW: MODERATE POLICY
• Cloverdale
• Healdsburg
• Sonoma (City)
RED: NO POLICY
• Cotati
• Rohnert Park
• Santa Rosa
• Sonoma County’s youth* EDS use rate is currently 13%
• Adult EDS and cigarette use combined is just 9%.
• At the peak of the youth EDS use epidemic (2017-19), 29% of high-schoolers were using EDSs regularly
• Sonoma use rates exceed national rates
*Youth are in high school, generally under 18.
Youth Electronic Smoking Device
Use Statistics
Tobacco vs Cannabis
Cannabis Tobacco
Sale of Flavored Products Prohibited Prohibited
No Online Sales On-site & Delivery On-site
Transfer of License Restricted No Limitations
Sale of Electronic Devices ESDs w/ THC&CBD
Allowed
ESDs w/ Tobacco
Prohibited
Proximity to Youth
Areas/Other Tobacco Retailers 600 feet 600 feet
Density Restrictions No Lesser of 118 or
1 per 2,500
Minimum Price No Yes
Minimum Pack Size No Yes
No Discounts/Coupons Included Included
Suspension & Penalty Strong Approach Greatest Allowed
Draft Ordinance Summary
Study Session Proposed
Sale of Flavored Products Prohibited Prohibited
No Online Sales Prohibited Prohibited
Transfer of License Limited Rights No Limitations
Sale of Electronic Devices Prohibited Prohibited
Proximity to Youth
Areas/Other Tobacco Retailers 1,000 feet 600 feet
Density Restrictions Current @ 118 Lesser of 118 or
1 per 2,500
Minimum Price Included @ $10 Included @ $10
Minimum Pack Size Included Included
No Discounts/Coupons Included Included
Suspension & Penalty Strong Approach Greatest Allowed
Retailer Feedback
• Hosted two meetings with Retailers
• May 13, 2024 @ UFO - 12 Retailers and 1 retail customer • May 14, 2024 via Zoom – 3 Retailers
• Walked through the main ordinance components and
encouraged feedback, discussion and alternate proposals. • Primary areas of concern:
• ESD sales – recommended alternative language allowing FDA authorized products, CBD and essential oils.
• Increase education for students and families
• Concern with jurisdictional equity
• Concern with broad-brush approach rather than focused 8 Tobacco Retailer Eligibility
Section 6-20.060
• Currently 118 locations tobacco retailers within city limits • Council requested strategy to:
• Support existing businesses
• Focus on sales to youth
• Establishing a buffer between new tobacco retailers and Youth Oriented Areas
• Transfers are allowed
• Family and companies with related shareholders - No
change in compliance with ordinance
• Arms-Length – Allowed with full compliance to ordinance • Designation of eligible retailers
9 Youth Oriented Areas
Section 6-20.060(G)
No new license may be issued to authorize tobacco retailing within 600 feet of a youth-oriented area as measured by a straight line from the nearest point of the property line of the parcel on which the youth-oriented area is located to the nearest point of the property line of the parcel on which the applicant’s business is located.
• Conforms with cannabis ordinance
• Reduces the number of non-conforming retailers
• Retains areas in all Districts where tobacco retailers can locate along more industrial and commercial corridors
10 Youth Oriented Areas
• Any public or private school providing instruction in kindergarten or any grades one (1) to twelve (12),
inclusive, but does not include any private school in
which education is primarily conducted in private homes. • Properties and areas owned or operated by the City and open to the general public for recreational purposes,
including:
11 • Parks
• Gardens
• Playgrounds
• Picnic areas
• Barbeque areas
• Sporting facilities
• Bleachers
• Dugouts
• Ball fields
• Sport courts
• Golf courses
• Swimming pools
• Trails and
pathways
• associated
parking areas
Parks & Schools Buffer - 600 ft
12 40 of the 118 (34%)
tobacco retailers
are currently within
the 600-foot buffer
between parks and
schools
Parks & Schools Buffer – 1,000 ft
13 52 of the 118 (44%)
tobacco retailers
are currently within
the 1,000-foot
buffer between
parks and schools
Flavored Tobacco
Section 6-20.040 - It shall be unlawful for any tobacco retailer to sell any flavored tobacco product.
A taste or odor distinguishable
by an ordinary consumer, other
than the taste or odor of
tobacco, including but not
limited:
A cooling or numbing sensation
distinguishable by an ordinary
consumer during the
consumption of such tobacco
product that includes a minty or
cooling effect, such as
describing the product as:
14 • Fruit
• Chocolate
• Vanilla
• Honey
• Candy
• Cocoa
• Dessert
• Alcoholic
beverage
• Mint
• Wintergreen
• Menthol
• Herb
• Spice
• “chill”
• “ice”
• “fresh”
• “arctic”
• “frost”
Electronic Smoking Devices
Section 6-20.045
It shall be unlawful for any tobacco
retailer to sell any electronic tobacco
smoking device.
• Health and Safety:
• High use rates by youth, high levels
of toxic nicotine, highly addictive.
• Field of research is growing, finding
more negative health outcomes.
• Prohibiting the sale of electronic
smoking devices for tobacco retailers
has no overlap with products sold by
cannabis dispensaries.
• Only 7 nicotine ESDs are authorized for sale by FDA:
• NJOY (Altria) – Daily and ACE (+ pod refills)
• Vuse (R.J. Reynolds) – Ciro and Vibe (+ cartridges,
power units)
• Logic (Japan Tobacco Inter.) – Vapeleaf, Power, and
Pro (+ cartridges, chargers)
• Recent FDA enforcement on brick-and-mortar stores
have resulted in civil penalties of $20,000 issued to 20 retailers.
• Localities can fully restrict ESD sales.
Electronic Smoking Devices
16 Electronic Smoking Devices
• Some jurisdictions have limited ESD bans, such as
• San Francisco - Prohibits the sale of all ESDs; however, does not apply to:
• FDA-approved products marketed for therapeutic purposes • Laws or regulations regarding medical cannabis
• Alameda County – Prohibits the sale of all ESDs; however, does not apply to:
• FDA-approved tobacco cessation products
• Devices used for cannabis
• Retailer feedback indicated an interest in excluding:
• FDA authorized non-flavored/clear/”free” ESDs
• ESDs containing CBD
• ESDs containing wellness products (essential oils, vitamins) 17 Minimum Pack Size and Price
Section 6-20.050
• Prohibits issue and use of any coupons and discounts
• Little cigars shall be sold in a package size of at least five (5) • Minimum prices shall be set as follows:
• Cigarettes, package of 20 – no t less than $10 per package • Little Cigars – n ot less than $10 for minimum package size or $2 each for larger packages
• Full Size Cigar – ful l retail price but not less than $10 each • Smokeless Tobacco – no t less than $10 each
18 Enforcement and Penalties
Section 6-20.130; 6-20.140; 6-20.150 & 6-20.160
• At least one (1) compliance check annually
• Reinspection will occur if violations are documented
• Penalties and suspension will occur if within a five (5) year period:
• First Violation – if not rectified by reinspection, up to $600 fine for each violation and thirty (30) day suspension. • Second Violation – if not rectified by reinspection, up to $1,000 fine for each violation and sixty (60) day suspension. • Third Violation – if not rectified by reinspection, up to $1,800 fine for each violation and ninety (90) day suspension. • Fourth Violation – up to $4,000 fine for each violation and license is revoked.
19 Enforcement
• The City Manager will identify the “Department” responsible for compliance and enforcement.
• Currently, the Sonoma County Department of Health Services Tobacco-Nicotine Prevention Program (Impact Sonoma) provide compliance inspections and preliminary enforcement for
Petaluma, Windsor, and Unincorporated Sonoma County through their TRLs.
• Santa Rosa also intends to contract with Impact Sonoma for compliance inspections and preliminary enforcement.
• Code Enforcement will be the primary enforcement agent where suspensions and fines are required due to violations of the Code. 20 Enforcement Outcomes
• Reduces underage sales
• Responsible retailing-
adherence to tobacco laws
• Shifts social norms
• Reduces tobacco use helps
reduce smoking attributable
deaths in Sonoma County
Underage Sales
DHS Purchase Survey 2021, n=156
52%
no sale
30% with no TRL sold
18% with
strong TRL sold
Underage Sales
DHS Purchase Survey 2023, n=100
3% with
strong TRL sold
14% with no TRL sold
83%
no sale
Recommendation
It is recommended by the City Manager’s Office
that the Council: 1) hold a public hearing to discuss
regulation of retail tobacco sales; 2) introduce an
ordinance adding Chapter 6-20 to the Santa Rosa
City Code titled “Regulation of Retail Tobacco
Sales”; and 3) by motion, authorize the City
Manager to negotiate and execute an agreement
with the County of Sonoma for compliance
monitoring and enforcement.