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Home My WebLink About _ 9.1(a)--Development of a tobacco ordinance � � �' � � � � � � ' � �' � � ' � ` CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: April 16,2024 FROM: Jason Gibilisco, Management ITEIVI NO. 9.1(a) Assistant to the City M�anager ***APPROVED BY*** jgibilisco@cityofredding.org btippin@cityofredding.org SUBJECT: 9.1(a)--Accept report regarding tobacco retailing. Recommendation Authorize staff to develop an ordinance with a signi�cant �ne for the sale of tobacco or tobaeco products to a minor. Fiscal Impact There is no fiscal impact with accepting the report. Alternative Action The City Council (Council) could choose to not accept the report and provide alternate direction to staff. BackgNound/Analysis On October 17, 2023, the Tobacco Education Coalition of Shasta County presented to the Council. The presentation included information regarding the history of tobacco enforcement in the County, how kids are targeted, retailer density, youth tobacco use po11 data, and public opinion poll data. On that same evening, the Council directed staff to review the information that was provided by the Tobacco Education Coalition and present it at a future council meeting for consideration of potential changes to the City's Ordinance regarding the density of tobacco- selling businesses. Staff then began researching what current laws are in place regarding tobacco in California and in neighboring jurisdictions. Staff inet with the Shasta County Health and Human Services Tobacco & Obesity Prevention Unit and with the Tobacco Use and Prevention Education Coordinator for the Shasta County Office of Education. They were able to provide information on state laws, other California city's tobacco regulations, education, and other helpful information related to youth tobacco use. The most recent major California legislation on tobacco is Senate Bill '793 - approved by Governor Newsom on August 28, 2020. California passed Senate Bi11793 prohibiting the sale of most flavored tobacco products. These banned tobacco products include flavored e-cigarettes, menthol cigarettes, flavored little cigars, flavored smokeless tobacco, tobacco flavor enhancers, Report to Redding City Council Apri14,20Z4 Re: 9.1(a)--Development of a tobacco ordinance Page 2 and other similar flavored tobacco products. The law does not apply to the retail sale of flavored loose-leaf pipe tobacco or flavored premium cigars ($12 or more) and flavored shisha or hookah when sold according to state law. Shortly after passing, a referendum was proposed and qualified for a ballot measure in the November 2022 election. The law was upheld by the voters and went into effect on January l, 2023. Other California legislation includes that all tobacco retailers throughout the state must obtain a tobacco retailer license at a current cost of$265 through the California Department of Tax and Fee Administration to se11 tobacco and it must be renewed on an annual basis. The minimum age required by state and federal law to purchase tobacco is 21. The state accepts customer complaints and the California Food and Drug Branch conducts random, onsite inspections with a person under the age of 21 to ensure tobacco retailers do not se11 to minors. Retailers who violate the minimum age of sale law are subject to criminal and civil penalties in fines ranging from $200 to $1,000. Local enforcement agencies are also authorized to conduct enforcement activities as necessary. City of Redding The City of Redding currently does not have an ordinance regulating businesses that sell tobacco or one that controls the density of tobacco retailing in the City and therefore, relies solely on State law. Currently, the City has approximately 98 tobacco retailers per the California Department of Tax and Fee Administration website (which includes grocery stores, pharmacies and other similar retailers). The City's 2045 Draft General Plan incorporates policy language to reduce the use of tobacco (EJ8K) and considers establishing distance requirements for tobacco retailers from youth-oriented facilities (EJBL). The Redding Police Department (RPD} finalized a contract with the Shasta County Health and Human Services to conduct Tobacco Retail Minor Decoy operations. RPD wi11 work with a person under the age of 21 and perform at least five operations per year with 10-12 retailer visits per operation. Decoy operations are planned to begin later this month and expire March of 2026. Funding for the decoy operations is being provided through a Department of Justice grant. Grants are made available through the Research and Prevention Tobacco Tax Act of 2016 (Proposition 56) and funds assist 1oca1 law enforcement agencies by providing grants and tobacco enforcement training. City of Shasta Lake The City of Shasta Lake adopted an Interim Zoning Ordinance in August 2023, which requires a Use Permit for tobacco retailing. The City of Shasta Lake has approximately 8 tobacco retailers per the California Department of Tax and Fee Administration website. City of Anderson The City of Anderson currently does not have a tobacco ordinance more stringent than S�ate law. The City of Anderson has approximately 1$ tobacco retailers per the California Department of Tax and Fee Administration website. Shasta Countv Report to Redding City Council Apri14,20Z4 Re: 9.1(a)--Development of a tobacco ordinance Page 3 Shasta County currently does not have a tobacco ordinance more stringent than state law. In unincorporated Shasta County, there are approximately 40 tobacco retailers per the California Department of Tax and Fee Administration website. Other California Cities The majority of al1 California Cities that have adopted tobacco regulations, require tobacco retailers to be registered with their respective local government. This requires the tobacco retailer to pay a fee to their respective local government for a license that would be renewed annually. The fee for the license covers the cost of administration, license program, retailer education, inspection, and compliance checks. Having a tobacco retail license program assists with enforcement at the local 1eve1. To aid tobacco retail license programs local governments have adopted various other ordinances to assist in the prevention of youth tobacco use. Additional ordinances that have been adopted in California include: • Distance requirements for tobacco retailers such as not being able to operate within 500 feet or 1000 feet of a youth-oriented facility(school, daycare,park, etc); • Distance requirements for tobacco retailers to not be able to operate within 500 feet or 1000 feet of another tobacco retailer; • Requirements for pharmacies to cease tobacco retailing; • Density limits such as limiting the amount of tobacco retailers to operate in a jurisdiction to one for every 2,500 inhabitants; • Density limits such as limiting the amount of smoke shops to operate in a jurisdiction to one shop for every 4,000 inhabitants; • Requiring a use permit through planning in addition to a tobacco retaillicense; and • Prohibiting smoking at all multifamily residential properties unless outside in a designated smoking area. The ordinances that are provided in this report are the majority of what California local governments are adopting in their jurisdictions or variations of, to prevent youth tobacco use. If the Council would like to provide staff with specific direction on pursuing any potential ordinances, staff can pursue additional research and report back to Council at a later date. This can include a report on RPDs progress on the Tobacco Retail Minor Decoy Program. Envi�^onmental Review This is not a project defined under the California Environmental Quality Act, and no further action is required. Council P�^io�ity/City ManageN Goals • This is a routine operational item