HomeMy WebLinkAbout _ 9.1(b)--Consider adopting a tobacco retail ordinance GI �" Y C� F
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REPORT TO THE CITY COUNCIL
MEETING DATE: July 15, 2025 FROM: Jason Gibilisco, Management
ITEM NO. 9.1(b} Assistant to the City Manager
***APPROVED BY***
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jgibilisco@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.1(b)--Consider adopting a tobacco retail ordinance in the City of Redding.
Recommendation
Authorize and approve the following:
(1) Offer Ordinance amending Redding Municipal Code Title 6 (Business Taxes, Licenses,
and Regulation), Chapter 6.13 (Redding Municipal Code Tobacco Retailing) adopting a
Tobacco Retail license for first reading by title only, waive the full reading;
(2) Authorize the City Attorney to prepare a summary ordinance and the City Clerk to
publish the same in accordance with law; and
(3) Find that the adoption of this ordinance is exempt from environmental review pursuant to
California Environmental Quality Act guidelines 15060(c)(2) and 15061(b)(3) and
further find that the passage of this ordinance will have no foreseeable direct or indirect
physical change in the environment.
Fiscal Impact
If the ordinance is adopted, all tobacco retailers will be required to pay a fee of$1,176.63 - the
fee is based on Code Enforcement administering the Tobacco Retail License Program that
includes 119 tobacco retailers operating in the City of Redding (City). The program fees will
fund one, fu11-time Neighborhood Preservation Officer and a half-time Administrative Assistant
to operate the Tobacco Retail License Program. The fee could increase or decrease if the number
of tobacco retailers is found to be more or less than ]19.
Alternatzve Actzon
The City Council (Council) may choose not to adopt an ordinance regulating tobacco retailers;
could direct staff to alter the licensing ordinance; or may provide alternate direction to staff.
Report to Redding City Council July 9, 2025
Re: 9.1(b)--Consider adopting a tobacco retail ordinance Page 2
Background/Analysis
On June 17, 2025, staff presented a tobacco-oriented retailer ordinance to the Council. This
ordinance was specific to licensing smoke and vape shops only. The Council did not adopt the
ordinance and gave further direction to staff to bring back a licensing ordinance that incorporates
all tobacco retailers and includes a location restriction for new tobacco retailers to be 600 feet
away from schools.
Staff worked with Code Enforcement and the City Attorney's Office to edit the previous draft
tobacco retailing ordinance (draft ordinance). Under the draft ordinance, all tobacco retailers will
be required to obtain a Tobacco Retail License. The distance requirement of operating within
600 feet of a school will only apply to new tobacco retailers who operate following adoption of
the draft ordinance.
Existing tobacco retailers will be allowed to continue to operate within 600 feet of a school as
long as they submit a complete and accurate tobacco retail application and pay the required fee
within 60 days of ordinance adoption. Following adoption, they will need to remain in good
standing to continue to operate such as not having their tobacco retail license revoked due to
violations. Staff defined school as any grades between kindergarten through grade 12 - this
includes both public and private schools.
The draft ordinance allows for enforcement, inspections, and education to all tobacco retailers.
The sale of flavored tobacco prod�ucts will be illegal in the draft ordinance and also includes that
no tobacco products are to be sold to a person under the age of 21. This allows for the City to
issue violations referencing the Redding M�unicipal Code instead of State Code.
Pending adoption of the ordinance, staff wi11 bring back a resolution for adoption of a Tobacco
Retail Licensing program and a resolution for adoption of administrative fines.
Envir�onmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City ManageN Goals
� Government of the 21st Century — `Be relevant and proactive to the opportunities and
challenges of today's residents and workforce. Anticipate the future to make better
decisions today."
Attachments
^Draft Tobacco Retail License Ordinance
Previous Staff Report from September 1'7, 2024
Previous Staff Report from March 18, 2025
Previous Staff Report from June 17, 2025
DRAFT NEW ORD/NANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF REDDING AMENDING TITLE 6
(BUSINESS TAXES, LICENSES AND REGULATIONS) OF THE
REDDING MUNICIPAL CODE BY ADDING CHAPTER 6.13 (TOBACCO
RETAILING) RELATING TO THE REGULATION OF TOBACCO
RETAILERS
WHEREAS:
A. The City Council finds that a local licensing system for tobacco retailers is appropriate to
ensure that retailers comply with tobacco control laws and business standards to protect the
health, safety, and welfare of our residents; and
B. 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;' and
C. The World Health Organization (WHO) estimates that tobacco kills 8 million people and
causes over 1.4 trillion dollars in economic damage each year;'� and
D. 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;' and
E. Tobacco use is the number one cause of preventable death in California�'� and continues to be
an urgent public health issue, as evidenced by the following:
• 40,000 California ad�ults die from their own smoking annually;'°
• More than 25% of all adult cancer deaths in California are attributable to smoking;"
• 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;°'
� 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." and
F. State law prohibits the sale or furnishing of cigarettes, tobacco products and smoking
paraphernalia to persons under 21 years of age except active duty military personnel who are
18 years of age or older(California Pena1 Code § 308); and
G. State law requires that tobacco r�tailers check the identification of tobacco purchasers who
reasonably appear to be under 21 years of age (California Business & Professions Code §
22956) and provides procedures for using persons under 21 years of age to conduct onsite
compliance checks of tobacco retailers(California Business&Professions Code § 22952); and
H. Despite the state's efforts to limit youth access to tobacco, youth are sti11 able to access tobacco
products, as evidenced by the following:
� In California, research indicates over 6'7% of current and former adult smokers started
by the age of 18 and almost 100% start by age 26;`�'
• In California, from 2017 to 2018, approximately 13% of high school students reported
using tobacco;°"'
� Unless smoking rates decline, an estimated 441,000 of all California youth who are
alive today will die prematurely from smoking-related diseases;'
• In 2017, 22.8% of high school students in California had tried cigarette smoking;'X
• Between 2014 and 2018, electronic smoking device use among California youth
increased from 14.1%to 46.2%;X and
I. In 2023, 41.2% of surveyed Shasta County high school students reported having previously
used tobacco, the highest level of tobacco use recorded in the state;X' and
J. In 2023, 31.6% of surveyed Shasta County high school students stated that they vape to relax
or relieve stress and anYiety;X' and
K. In 2023, 16.8% of surveyed Shasta County high school students reported currently using
tobacco products (including vapes, cigarettes, cigars, little cigars and cigarillos, smokeless
tobacco, heated tobacco products, hookah and nicotine pouches);X� and
L. In 2023, Shasta County had the highest level of current tobacco use by high school students in
the State;X' and
M. In 2023, 63.2%of currently vaping high school students reported that they believed it was easy
to obtain vapes and cigarettes from stores;"` and
N. In 2023, 32.6% of surveyed Shasta County students reported buying vapes, pods, or e-liquid
directly from a tobacco or smoke shop;�' and
O. In 2023, 23.4% of surveyed Shasta County students under the age of 18 reported asking
someone to buy them a vape,pod or e-liquid;"' and
P. Both youth and adult tobacco users are more likely to also use cannabis;"'�."�" and
Q. State law requires that tobacco retailers post a conspicuous notice at each point of sale stating
that selling tobacco products to anyone under 21 years of age is illegal (California Busin�ss &
Professions Code § 22952, California Penal Code § 308); and
R. The tobaeco industry encourages youth and young adult tobacco initiation through predatory
targeting,X'° 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;"°
• Tobacco industry documents state that if"a man has never smoked by the age of l8,
the odds are three-to-one he never will. By age 24, the odds are twenty-to-one;"X°�
• The tobacco industry spends an estimated $496 million annually to market tobacco
products to Cali�ornia residents;`" and
S. State law prohibits the sale or display of cigarettes through a self-service display and prohibits
public access to cigarettes without the assistance of a clerk(California Business &Professions
Code § 22962); and
T. State law prohibits the sale of"bidis" (a type of hand-rolled filterless cigarette) except at those
businesses that prohibit the presence of minors (California Penal Code § 308.1); and
U. State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than
20 and prohibits the manufacture, distribution, or sale of"roll-your-own" tobacco in packages
containing less than six-tenths of an ounce of tobacco (California Penal Code § 308.3); and
V. State law prohibits public school students from smoking or using tobacco products while on
campus,while attending school-sponsored activities, or while under the supervision or control
of school district employees (California Ed�ucation Code § 48901(a)); and
W. The City has a substantial interest in promoting compliance with federal, state, and local laws
intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco
products by persons under 21 years of age; in promoting compliance with laws prohibiting
sales of cigarettes and tobacco products to persons under 21 years of age; and in protecting
youth and underserved populations from the harms of tobacco use. California courts in Cohen
v. Board ofSuper�viso�s (Cal. 1985) 40 Ca1.3d 277, B�avo Vending v. Citv ofRancho MiNa�e
(4�h Dist. 1993) 16 Ca1.App.4th 383, and Prime Gas v. Cit�of Sacramento (3rd Dist. 2010) 184
Ca1.App.4th 697,have affirmed the power of local jurisdictions to regulate business activity in
order to discourage violations of law. State law authorizes local tobacco retailer licensing laws
to provide for the suspension ar revocation of the 1oca1 tobacco retailer license for any violation
of a state tobacco control law (California Business &Professions Code § 22971.3); and
X. Reguiring tobacco retailers to obtain a tobacco retailer license will not unduly burden
legitimate business activities of retailers who se11 tobacco products to adults but will,however,
allow the City council 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;X°"
� Systematic scientific reviews indieate that merchant compliance with youth tobacco
sales laws reduces the rate of tobacco use among adolescents;"°"'.""`
� Studies found increased retailer compliance and reduced tobacco sales to youth
following iinplementation and active enforcement of youth tobacco sales laws paired
with penalties for violations;XX.XX'
• A review of 41 California communities with strong tobacco retailer licensing
ordinances �ound 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.�"'
'U.S.Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress.A
Report of the Surgeon General.Aflanta,GA:U.S.Deparhnent of Health and Human Services,Centers for Disease
Control and Prevention,Narional Center for Chronic Disease Prevention and Health Promotion,Office on Smoking
and Health. 2014.Available at:hYtps://www.ncbi.nlm.nih.�ov/books/NBK179276/pdflBookshelf NBK1792�6.pdf.
"World Health Organization. WHO RepoYt on the Global Tobacco Epidemic, 2019: Offer Help to Quit Tobacco
Use. 2019.Available at: https://a�ps.who.int/iris/handle/10665/326043.
`ll Califoriva Departnzent a�f Public Health, Califorzzia Tobacco Control Pragram.The#1 Preventable Cause of
Deat,h.htt�s:/1tob�ecofreeea.e�mlhealth/t�obaeeo-is-the-nuinbar-one-preventable-eause-of-death.
`"Centers for Disease Contral and Prevention.Best P�actzces foY CompYehensive Tobacco Cont�al Prog1^arns-
2014.U.S. Depart�z�ent of I�ealth and Human Servie�s, Centers far Disease Caiztrol and Preventioiz,National Center
for C'l�ronic Disease l�rcver3tion and Nealth I'romc�tion,Of�cc on Smokin�;and Hcalth_ 2014.Available at:
https://www,cdc.�c�v/tobaccalstateandcommuni /best piactices/pdf�I2014Ic�inprchensivc.pdf.
°Loi-tet-Tieulent J,�odin�;�auer A, Sicgel RL,�t al. ��atc-L,ev�l Cancer Mortafity A��ributablc to Cigarette
Smoking in the United States.JAMA Intern Med. 2f?16;176(12):1792-179�. doi: 10,1QOlJjamaintcrnmed.2016.6530.
"'Campaign for Tobaeco-Pree Kids. Thc�'all of T�bacc�in Califar�nia.
h1t�s:llwww.tobaecafreekids.ar�l�robleinl�oll-us/ealifornia.
°��California Tabaeeo Control Progran�. C�czlifornia Tobacco Facts and Figures 2Q16.Saeramento,CA: California
L)epartment of Publie Health. 2016.
""'California Tobacco Contiol Plogram. Califor�nia Tobacco Facts and Fi�ures 2019. Saciamenta,C�: California
I�epartment of Publie I�ea11h. 2019.Available at:
https:llwww.edph.ca.gov/Programs/CCDI'HPII�CI�ICICTC�ICDI'�3°/Q20I�oeument°1o20Library/ItesearehandEvalua
tion/Factsand�'igureslCATobaecc�FactsandFigures2019.pdf.
"`Kann L,Mc1Vlaraus T,Harris W�,et al. ��uth Rislc Behavior Surve�llance United S�ates,2�17.MN�YYR
Sur�veill Summ�. 20I8;67(8):l-1 l4 a�nd Supplementary Tables 52-93.doi: 14.15585/mmwr.ss67�8a1.
X Lin�,Baiocchi M,Halpern-Felsher B.L�11gi�udinal t��ends in e-cigarEtte devices used by Californian youth,2014—
2Q18.Addictl3ehc�v. 2420,108:1064�9. doi: 10.1416Ij.addbeh202Q106459.
�'Cladfelter,R.,I>u�ra,L. M.,�radfield,B.,Russsll,s.,Levine,F3.,&Von 7aglinsky,A. (2f)23�.Annual results
report f�r flze C�lifornia Youfl1 Tobacco Survey 2023.I2TI I�ztern�tianal.
X"Richter L,Pugh BS, Smith PH,Ball SA. The c�-occurrence of nicotine and other substance use and addiction
among youth and adults in the United States: �m�lications foi research,praetice,and�olicy.Am J Dru�Alcahol
Abuse. 201'7;43(2):132-145. doi: 10.1080100952990.2016.11935ll.
X"'Canway KI',Green VR,Kasza KA,et al. C;�-accurrenee of Tobacco Produel Use, Substance Use,and Mental
Health Problems Amang Youth:Findings From Wave 1 (2013-2014)of the Pc>pulation Ass�ssment of Tobacco and
Health(PAT�I) Study.Addict�ehav. 2618;'76:20�-217.doi: 101016/j.addbeh.2017.08.009.
X"'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. 20l 1).
X"Ling PM,Glantz 3A. Why and How the Tobacco Industry Sells Cigarettes�o Young Adults: Evidence Flon1
Industly L)oc�anents.Am.II'ubli�c I�calth.2Q02;92(6}908-916. doi: 10.21051ajph.92.6.908.
X�Burrows,D.�, "Estimated Chaizge in IPZdustry Trei7d Following Federal Excise Tax I�lcrease."UC'SF Library
Truth Tobacco Indtzstry I}ocuments. Date 1V1od.Industry,Apr. 17,2012:
htt�s:/1www.industrydoeun�entslibrary.ucs£edu/tobaccoldoeslm1nw00�4.
X"'National Assaciation of Convenience Stores. U.S. Converizence StoNe Count.Available at:
htt�s:{lwww,convenience.or�JReseazchlFaetSheetslSco�eoflndustry/IndustrySt�areCount; Statista.In-str�re
rrr�erchandise sales�f con�venienee stores in the Ulzited,States za��201 b, by produet catego�^y.Availablc at:
https://www.statista.ccam/statis�ic�/30�783/usc<>nvenience- stores-u�-stc�re-m�rchandis�-saI�s-b -y cate�ory
(Cigarettes+C�ther Tobacco Products Sales=$81.056 billion).
X""'U.�.Department of F�ealth and�Iuman�ervices.Preventing Tobaeco Use Araiong Yauth and Young Acla�Zts:A
Repo�t of the SuNgeon �ene�al.Atlanta,C�A:U.S.I�epartment of Health�nd Human Services,Cen�ers fc�x I?isease
Cant�•c�l and Prevention,National Center for Chr�nic I�isease Prevention and�Iealtl�Proinotion,Office on Sinolcing
and Health.2022.Available at:https:/1www.ncbi.nlm.nih.�ov/l�c�c�lcs/NBK9R237/pdfl�ookshelf NBK9923'7.pdf.
X'X DiFranza JR.Which interventions a�air�st tl�e sale of tobaccc�to Ininors can be expec�ed to redti�ce smoking? fiab
Cont�•ol, 2012;21.436-442.dc�i: 10,1136/tobaccocc�i�trol-2011-050145.
XX McLaugl�lin L Lzcense to Kill?: Tabacco Retailer Licensing as an Effecti��e Enforcen2ent Taal, Tabacco Contrcal
Lcgal C'c�nsartiuln, 201Q.Available at: http://www.publichealthlaweer�ter.org/sitcsldcfault/fil�sh-es�urccs/tcic-syn-
retailer-2010.pdf.
XX'Ins�itute caf 1Vledicine.Public Health Implicatiorzs€af Raisin�g the Minzmum flge€af Legal,4ccess to Tobacco
Produets. Washingto�z,DC; Thc Na�ional Acadelnies Press.201 S.Availablc at:
https:/Iwww.n�p.eduleatalag/189971publie-health-iinplieations-of-raisina-the-�niizimum-a�e-of-l�gal-access-to-
tobacca-�roduets.
X"��Tl�e Ameriean Lung Assoeiation ll1 California Center for Tobaeeo Poliey and C?rganizing. Tobacco d2etazler
Liceaising is Effective. 201�.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Seetion 1. Redding Municipal Code Title 6 (Business Taxes, Licenses and Regulations)
is hereby amended by adding Chapter 6.13, to read as follows:
6.13 —TOBACCO RETAILING
6.13.010 Purpose and intent.
It is the intent of the City, in enacting this Chapter, to ensure compliance with the business
standards and practices of the City, to encourage responsible tobacco retailing, and to discourage
violations of tobacco-related laws, especially those that prohibit or discourage the sale or
distribution of tobacco and nicotine products to youth. This Chapter is not intended 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.
6.13.020 Definitions.
(1) "Arm's length transaetion" means a sale in good faith and for val�uable consideration that
reflects the fair market value in the open market b�tween two informed and willing parties,
neither of whom is under any compulsion to partieipate in the transaetion. A sale between
relatives, related companies or partners, or a sale for which a significant purpose is
avoiding the effect of the violations of this Chapter is not an arm`s length transaction.
(2) "Cannabis"has the meaning set forth in California Business and Professions Code Section
26001, as that section may be amended from time to time.
(3) "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.
(4) "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 a
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 ainended�rom
time to time.
(5) "City" means the City of Redding.
(6) "City Manager" means the manager of the City as appointed by the City Council in
accordance with the City's Municipal Code, or the City Manager's designee.
(7) "Department" means any City division or department charged with enforcement or
administration of the provisions of this Chapter.
(8) "Director" means Chief of Police or the director of the Department of Development
Services, the director's designee, or such other director as may be designated by the City
Manager to administer the provisions of this Chapter.
(9) "Flavored tobacco product" means any tobacco product that imparts one or more of the
following:
(A)A taste or odor distinguishable by an ordinary consumer, other than the taste or
odor of tobacco, either prior to or during the consumption of such tobacco product,
including but not limited to tastes or odors relating to any fruit, chocolate, vanilla,
honey, candy,cocoa, dessert, alcoholic beverage,mint,wintergreen,menthol,herb,
or spice; or
(B)A heating, cooling, or numbing sensation distinguishable by an ordinary consumer
during the consumption of such tobacco product.
(10) "Lapse" means the cessation or expiration of a Tobacco Retail license due to the failure
to renew it within the required time frame or the loss of eligibility for the Tobacco Retail
license. A Tobacco Retaillicense is considered lapsed if the licensee does not complete the
necessary steps to renew or maintain the Tobacco Retail license,resulting in the license no
longer being valid or active. This does not include situations in which the license is
temporarily suspended.
(11) "License" means a Tobacco Retail license issued by the City pursuant to this Chapter.
(12) "Licensee" means any proprietor holding a Tobacco Retail license issued by the City
pursuant to this Chapter.
(13) "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.
(14) "Owner" means any of the following:
(A)A person with sole or aggregate ownership in the Tobacco Retail business applying
for a license or a licensee, unless the interest is solely a security, lien, or
encumbrance;
(B)The chief executive officer of a nonprofit, Tobacco Retailer business, or other
entity;
(C)A member of the board of directors of a nonprofit, Tobacco Retailer business, or
other entity;
(D)The trustee(s) and all persons who have control of the trust and/or the Tobacco
Retailer business that is held in trust;
(E)An individual who participates in the direction, control, or management of the
person applying for a license. Such an individual includes,but is not limited to, any
of the following:
a. A general partner of a Tobacco Retailer business that is organized as a
partnership;
b. Anonymous member manager or managing member of a Tobacco Retail
business that is organized as a limited liability company;
c. An officer or director of a Tobacco Retailer that is organized as a
corporation;
d. Any individual who assumes responsibility for the license.
(15) "Permanent Revocation" means permanent invalidation of a Tobacco Retailer license,
which results in the license holder being prohibited from operating as a Tobacco Retailer
at the licensed location. This action is final and not subject to reinstatement unless
specifically authorized after a successful appeal. Once a Tobacco Retail license is
permanently revoked, the licensee is no longer eligible to operate under that license at the
location, and no further renewal or reissuance of the license wi11 be allowed unless new
application requirements are met.
(16) "Person" means any individual, firm, partnership, joint venture, limited liability
company, nonprofit organization, association, social club, fraternal organization,
corporation, estate, trust, business trust, receiver, trustee, syndicate, state, county, city,
municipality, district, or other political subdivision of the state, or any other group or
combination acting as a unit.
(17) "Proprietor" means a person with an ownership or managerial interest in a business. A
managerial interest shall be deemed to exist when a person has or does have or shares
ultimate control over the day-to-day operations of a business.
(18) "Retailer" means a person who engages in this state in the sale o�cigarettes or tobacco
products directly to the public from a retail location. Retailer includes a person who
operates vending machines f'rom which cigarettes or tobacco products are sold in this state.
(19) "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.
(20) "School"means a private or public kindergarten, elementary, middle,junior high or high
school.
(21) "Self-service display" means the open display or storage of tobacco products or tobacco
paraphernalia in a manner that is physically accessible in any way to the general public
without the assistance of the tobacco retailer or the tobacco retailer's agent or employee
and without a direct person-to-person transfer between a member of the public and the
tobacco retailer or tobacco retailer's agent or employee. A vending machine is a form of
self-service display.
(22) "Temporary Suspension" means temporary cessation of a Tobacco Retailer license
during which the retailer is prohibited from operating their business for a specified period
of time. This suspension is typically imposed as a penalty for noncompliance with
applicable laws or regulations and can be lifted once the licensee has met all requirements
for reinstatement. A temporary suspension does not result in the permanent loss of the
license,and the retailer may resume business once the suspension period ends or the license
has been reinstated.
(23) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of
smoking materials of all types, cigarette rolling machines, and any other item designed for
the smoking, preparation, storing, or consumption of tobacco products.
(24) "Tobacco Product" means any of the following:
(A) A product containing, made, or derived from tobacco or nicotine that is intended
for human consumption, whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means, including,but not limited
to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff.
(B) An electronic device that delivers nicotine or other vaporized liquids to the person
inhaling from the device, including,but not limited to, an electronic cigarette,cigar,
pipe, or hookah.
(C) Any component, part, or accessory of a tobacco product, whether or not sold
separately.
"Tobacco product"does not include a product that has been approved by the United States
Food and Drug Administration for sale as a tobacco cessation product or for other
therapeutic purposes where the product is marketed and sold solely for such an approved
purpose by this Chapter.
(25) "Tobacco Retailer" means any person who sells, offers for sale, or does or offers to
exchange for any form of consideration tobacco products or tobacco paraphernalia. This
definition shall be without regard to the quantity of tobacco, tobacco products, or tobacco
paraphernalia sold, offered for sale, exchanged, or offered for exchange.
(26) "Tobacco Retailing" means engaging in any of those activities of a Tobacco Retailer.
This definition shall be without regard to the quantity of tobacco, tobacco products, or
tobacco paraphernalia sold, offered far sale, exchanged, or offered for exchange.
6.13.030 License required.
It shall be unlawful for any person to engage in Tobacco Retailing unless under and by authority
of a valid, unexpired, unsuspended, unrevoked Tobacco Retailer License issued pursuant to this
Chapter for each location at which tobacco retailing is to occur.
613.040 General Reguirements and Prohibitions.
A. Operating regulations and conditions.
(1) The provisions of this section shall constitute terms and conditions applicable to each
Tobacco Retail license issued by the Director.
(2) The provisions of this section sha11 also constit�ute operating regulations that are
applicable to each holder of a Tobacco Retail license issued pursuant to this Chapter.
(3) It shall be unlawful for any person or entity engaged in the retail sale of tobacco
products,regardless of the nature of the business or whether they are licensed under this
Chapter, to violate any provision of this Chapter.
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 or not issued,it shall be a violation of this Chapter for an owner,licensee,
ar any of the licensee's or owner's agents or employees, to violate any 1oca1, state, or federal law
applicable to tobacco products, tobacco accessories, or tobacco retailing.
C. Display of License.
Each Tobacco Retailer license shall be prominently displayed in a publicly visible location at the
licensed location at all times.
D. Minimum Legal Sales Age.
1. N�o person engaged in tobacco retailing shall sell a tobacco product to a person under
twenty-one years of age exeept to aetive duty military personnel who are 18 years of age
or older pursuant to California Penal Code § 308.
2. No person engaged in tobacco retailing shall sell a tobacco product to another person
without first verifying by means of government issued photographic identification that the
recipient is at least 21 years of age.
E. Self-Service Displays Prohibited.
Tobacco Retailing by means of a self-service display is prohibited.
F. Mobile Vending.
No license may issue to authorize tobacco retailing at other than a fixed licensed location. No
tobacco retail license wi11 be issued to a moveable place of business. It shall be a violation of this
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.
G. Business License.
In addition to the Tobacco Retail license, any Tobacco Retailer must have a valid business license
as required by Title 6.
H. Limits on eligibility for a Tobacco Retailer license.
(1) No Tobacco Retailer shall be located within six hundred feet of a school providing
instruction in kindergarten or any grade levels one through twelve, as measured in a
straight line between the boundary lines of the parcel of the school and the boundary
lines of the parcel of the License applicant's proposed business location.
(2) Notwithstanding subsection 1 of this section, a Tobacco Retailer operating lawfully on
the date the ordinance codified in this Chapter is adopted that would otherwise be
eligible for a Tobacco Retailer license for the location for which a license is sought may
receive or renew a license for that location so long as all of the following conditions are
met:
A. A complete and accurate application is submitted to the City within 60 days of
the date this ordinance is adopted;
B. The license is timely obtained, maintained, and renewed without lapse or
permanent revocation(as opposed to temporary suspension);
C. The Tobacco Retailer has not experienced a business closure of 60 or more
consecutive days to include the 30-day period immediately preceding the
effective date of this ordinance;
D. The Tobacco Retailer maintains the right to operate the business under a11 other
applicable laws;
E. The Tobacco Retailer has not substantially changed the business premises ar
business operation within 60 days of the date the ordinance codi�ed in this
Chapter is adopted. A substantial change to the business operation includes,but
is not limited to, the transferring of a location:
(1) To a new proprietor(s) in an arm's length transaction; or
(2) For which a significant purpose is avoiding the licensing requirements of
this Chapter.
F. If the City determines that a Tobacco Retailer has substantially changed their
business premises or operation and the Tobacco Retailer disputes this
determination, the Tobacco Retailer bears the burden of proving to the
Department by a preponderance of evidence that such change(s) do not
constitute a substantial change.
I. Compliance inspection.
The Director, the Chief of Police and any City official charged with enforcing the provisions of
this Code shall have the power and authority to enter any business engaging in tobacco retailing
during regular business hours to inspect the premises and to determine compliance with the
provisions of this Chapter.
(1) Should any inspection reveal noncompliance with any of the provisions of this Chapter and
should reinspection be needed to determine compliance, the cost of any such reinspection
shall be billed to the owner of the premises, the operator of the business engaging in
tobacco retailing, and/or the holder of the Tobacco Retailing license in the amount set forth
in the schedule of fees established by resolution of the City Council.
(2) Prior notice of an inspection, investigation,review, or audit is not required.
(3) It is unlawful and cause for immediate denial, suspension, or revocation of a license for
any licensee, property owner, proprietor, landlord, lessee, tobacco retailer, and/or its
owner, agent, or employee to refuse to allow, to impede, to obstruct, to delay, or to
otherwise interfere with an inspection, investigation,review, or audit.
(4) When a requirement is established pursuant to this Chapter for an inspection and/or copy
of a record, the record sha11 be delivered immediately upon demand by City personnel.
J. Flavored tobacco products.
(1) It shall be unlawful for any tobacco retailer to se11 any flavored tobacco product.
(2) Presumptive Flavored Tobacco Product. There shall be a rebuttable pr�sumption that a
tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any
employee or agent of a tobacco retailer or manufacturer has taken action directed to
eonsumers that would be reasonably expected to cause consumers to believe the tobacco
product is a flavored tobacco product. Any communication by or on behalf of the
manufacturer or retailer of a tobacco product that such tobacco product imparts a taste or
odor other than the taste or odor of tobacco, and/or that imparts a heating, cooling, or
numbing sensation, eonstitutes presumptive evidence that the tobacco product is a flavored
tobacco product. This includes but is not limited to public statements that a product is
flavored, such as describing the product as "chill," "ice," "fresh," "arctic," "sweet," "spicy,"
or "frost."
K. Other legal duties.
(1) Each Tobacco Retailer shall:
A. Comply with all applicable laws and ordinances governing the sale of any tobacco
products or tobacco paraphernalia;
B. Comply with all conditions imposed by the Director as part of the tobacco retail
license; and
C. Comply with all conditions imposed by any other permit or license required for
a business engaging in tobacco retailing.
(2) Each Tobacco Retailer, and any other person(s) responsible for the operation of the
business engaging in tobacco retailing, excluding the City, its agents, officers and
employees, shall be jointly and severally liable for:
A. Any violation of this Chapter;
B. Any violation of the terms of the Tobacco Retail license;
C. Any violation of any other license or permit required for the business engaging in
tobacco retailing; and
D. Any violation of any other applicable law that arises out of the sale of tobacco
products or tobacco paraphernalia.
L. Indemnification agreement required.
Any tobacco retailer applying for a Tobacco Retail license under this Chapter shall agree to
fully indemnify, defend, and hold harmless the City, its officers, employees and agents for all
claims, losses, or liabilities that arise out of the issuance or use of the Tobacco Retail license,
or that arise out of any sale, distribution, transfer or use of tobacco products or tobacco
paraphernalia, in a form approved by the City Attorney's Office.
M. Licensed cannabis businesses.
No license may issue, and no existing license may be renewed, to authorize tobacco retailing
at a location licensed for commercial cannabis activity by the state of California in accordance
with the Business and Professions Code Division 10, and the City in accordance with Chapter
6.12 Redding Municipal Code. In the course of tobaceo 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
Chapter for a licensee, or any of the licensee's agents or employees, to engage in commereial
cannabis activity.
6.13.050 Application procedure for Tobacco Retailer.
A. An application for a Tobacco- Retailer's license shall be submitted in the name of each
owner or proprietor proposing to conduct retail tobacco sales and sha11 be signed by each
owner or proprietor or an authorized agent thereo£ All applications shall be submitted on
a form supplied by the Department.
B. A license issued contrary to this Chapter, contrary to any other law, or issued on the
basis of false or inisleading information shall be revoked pursuant to this Chapter.Nothing
in this Chapter shall be construed to vest in any person obtaining or 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 owner and 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 owner and proprietor to receive
all communications and notices required by, authorized by, or related to the
enforcement of this Chapter.
(4) Proof that the business and location for which a Tobacco Retailer's license is sought
has been issued all necessary state and municipal licenses for the sale of tobacco
products.
(5) Listing of all prior issuances, suspensions, and/or revocations of Tobacco Retail
licenses for each named proprietor or owner of the business, or their agent, and the
dates and locations of each action pursuant to this Chapter.
(6) Listing of dates and locations for all prior violations of local, state, or federal law
governing the sale of tobacco products or California Health and Safety Code section
11351, as amended from time to time, by each named proprietor or owner or their
agent occurring within the previous five years.
(7) A statement by the applicant that the contents of the application are complete, true,
and correct. Any person who signs a statement pursuant to this subdivision that
asserts the truth of any material matter that he or she knows to be false is guilty of
a misdemeanor punishable by imprisonm�nt of up to on�year in the county jail, or
a fine of not more than one thousand dollars ($1,000), or both the imprisonment
and the fine.
(8) A statement by the applicant that they are the owner,proprietor,or authorized agent
of the Tobacco Retail business for whieh the license is sought pursuant to this
Chapter.
(9) A signed affidavit affirming that the proprietor has not sold and will not se11 any
tobacco product without a license required by this chapter.
(10) Such other information as the Department deems necessary for the administration
or enforcement o�this Chapter as specified on the application form required by this
section.
D. A licensed Tobacco Retailer or applicant shall inform the Department in writing of any
change in the information submitted on an application for a tobacco retailer's license
within ten business days of a change.
6.13.060 License issuance or deniai.
Upon the receipt of a complete and adequate application for a tobacco retailer's license and the
license fee required by this 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. The application shall be denied if one or more of
the following circumstances exist:
A. The information presented in the application is inaccurate or false. Intentionally supplying
inaccurate or false information shall be a violation of this Chapter.
B. The application seeks authorization for Tobacco Retailing at a location for which this
Chapter prohibits issuance of Tobacco Retailer licenses.
C. The application seeks authorization for tobacco retailing for an owner or proprietor or
their agent to whom this Chapter prohibits a license to be issued.
D. The application seeks authorization for tobacco retailing that is prohibited pursuant to this
Chapter; that is unlawful pursuant to this Code, including without limitation, the zoning
ordinance, building code, or business license tax ordinance; or that is unlawful pursuant
to any other law.
E. The retailer, or if the retailer is not an individual, any person controlling the retailer or
retail business, has previously been issued a license that is suspended or revoked by the
Department for violation of any of the provisions of this Chapter.
F. The application is for a license or renewal of a license for a retaillocation that is the same
retail location as that of a retailer whose license was revoked or is subject to revocation
proceedings for violation of any of the provisions of this division, unless:
(1) It has been more than five years since a previous license for the retail location
was revoked.
(2) The person applying for the license provides the Department with
documentation demons�rating that the applicant has acquired or is acquiring
the premises or business in an arm's length transacrion.
G. The retailer, or if the retailer is not an individual, any person controlling the retailer or
retail business, has been convicted of a felony pursuant to Section 30473 or 30480 of the
Revenue and Taxation Code.
6.13.070 License renewal and expiration.
A Tobacco Retailer's license is invalid if the appropriate fee has not been timely paid in full, the
application is incomplete, or the term of the license has expired. The term of a Tobacco Retailer
license is one year. Each Tobacco Retailer shall apply for renewal of their Tobacco Retailer's
license and submit the license renewal fee no later than thirty days prior to expiration of the current
license but no earlier than 60 days prior to the expiration of the current license. A licensee who
submits an incomplete application may resubmit the application for renewal as long as the current
license does not lapse. A Tobacco Retailer that fails to timely submit a renewal application and
fee is ineligible for license renewal; however, a timely and complete application for renewal shall
toll the existing license until the renewal application is approved or denied by the City. A license
that has been revoked, or is subject to revocation proceedings, shall not be renewed.
613.080 Licenses nontransferable.
A. 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 reguired whenever
a tobacco retailing location has a change in proprietor(s) or owners or a change in
location.
B. Notwithstanding any other provision of this 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 the location has been transferred to new proprietor(s) or
owner(s) in an arm's length transaction.
6.13.090 License conveys a limited, conditional privilege.
Nothing in this Chapter shall be construed to grant any person obtaining or 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 identified on the face of the license.
6.13.100 Fee for license.
The fee to issue or to renew a Tobacco Retailer's license shall be established by resolution of the
City Council, which may be amended as needed at the City Council's discretion. The fee shall be
calculated so as to recover the cost of administration and enforcement of this Chapter including,
but not limited to, issuances of licenses, administration of the license program, retailer education,
inspection and compliance checks of Tobacco Retailing businesses, documentation of violations,
representation of the City at Board hearings, prosecution of violators, and other enforcement
measur�s but shall not exceed the cost of the regulatory program authorized by this Chapter. A11
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.
6.13.110 Suspension or revocation of license.
A. In addition to any other penalty authorized by law, a Tobacco Retailer's license shall be
suspended or revoked if any court of competent jurisdiction determines, or the
Department finds based upon a preponderance of the evidence that the licensee, or any of
the licensee's agents, employees, or Tobacco Retailer locations, has violated any of the
requirements, conditions, or prohibitions of this Chapter or has pleaded guilty, "no
contest," or its equivalent, or admitted to a violation of any law applicable to the licensee
in violation of this Chapter. Action tak�n by the directo�vvith respect to the suspension,
n�odification, or revocation of a Tobacco Retail license shall be final and conclusive.
Any lieensee aggrieved by the suspension, Inodification or r�vocation of a Tobaceo
Retail license inay obtai�review of such decision by appeal to the �ity Mana�er or the
City Manager's dcsignee.
(1) Upon a finding by the Department of a first violation of this Chapter at a
location within any five-year period,the license shall be suspended for fourteen
(14) days.
(2) Upon a finding by the Department of a second violation of this Chapter at a
location within any five-year period, the license shall be suspended for thirty
(30) days.
(3) Upon a finding by the Department of a third violation of this Chapter at a
location within any five-year period, the license shall be revoked.
(4) Owners of Tobacco Retail businesses at more than one location are subject to
increased penalties upon second and subsequent violations of this Chapter
regardless of the business location where the earlier violation occurred.
(5) The director or his designee shall have discretion to deviate from these
guidelines and impose a harsher or more lenient penalty depending on the type
and severity of violation, history of compliance or noncompliance by the
licensee or location, and other relevant factors.
(6) Penalties shall increase with each subsequent violation without regard to type
of violation.
B. 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 information contained in the license
application, including supplemental information, if any, is false in any material respect.
C. A Tobacco Retailer's license shall be revoked if the Department fmds, after providing the
licensee with notice and an opportunity to be heard, that one or more of the grounds for
denial of a license pursuant to this Chapter existed at the time the application was made
or at any point be�ore the license was issued.
D. A licensee for whom a license suspension is in effect must remove all tobacco products
and tobacco paraphernalia from the sales floor at the address that appears on the
suspended or revoked lieense. Violation of this subseetion or engaging in tobaceo
retailing while the license suspension is in effect shall result in a permanent revocation of
the Tobacco Retail License.
E. The suspension or revocation shall become effective immediately following notice of
suspension or revocation from the Department, unless the holder of the license files an
appeal in accordance with this Chapter. If such an appeal is filed, the suspension or
revocation shall not become �nal until the appeal is resolved by a final decision of the
City Manager or their designee, or withdrawal of the appeal.
6.13.120 Appeal of suspension or revocation.
A. A decision of the Department to suspend or revoke a license is appealable to the City
Manager or their designee, and any appeal must be filed in writing with the City Manager
within ten(10) days of mailing of the Department's decision.
B. If such an appeal is timely made, it shall stay enforcement of the appealed action.
C. The decision by the City Manager or their designee shall be the final decision of the City.
6.13.130 Additional remedies.
A. The remedies provided by this Chapter are cumulative and in addition to any other
remedies available at law or in equity, including, without limitation those remedies
established in Title l.
B. Whenever evidence of a violation of this Chapter is obtained in any part through the
participation of a person under the age of eighteen (18) years, such a person shall not be
required to appear or give testimony in any civil or administrative process brought to
enforce this Chapter and the alleged violation shall be adjudicated based upon the
sufficiency and persuasiveness of the evidence presented.
C. Violations of this Chapter are subject to a civil action brought by the City, punishable by
an administrative penalty not less than one thousand dollars ($1000)per violation.
D. Subsequent violations of this Chapter are subject to increased administrative penalty
amounts.
E. Violations of this Chapter may, in the discretion of the City Attorney, be prosecuted as
infractions or misdemeanors when the interests of justice so require.
F. In addition to any other remedy or abatement authority allowed by law, the Director may
take reasonable measures to enforce the suspension or revocation of a license. Such
measures may include, but are not limited to,posting notices on the property whieh state
tobacco products are not to be sold or purchased until the conclusion of the suspension,
or requiring all tobacco products to be removed from the property during the suspension
or revocation period. Removal of notices posted pursuant to this section sha11, constitute
a misdemeanor violation of this Chapter.
G. Violations of this Chapter are hereby declared to be public nuisances and subject to
abatement by the City.
H. For the purposes of the civil remedies provided in this Chapter:
(1) Each day on which tobacco products or tobacco accessories are offered for sale in
violation of this Chapter shall constitute a separate violation of this Chapter; and
(2) Each individual retail tobacco product and each individual retail item of tobacco
accessories that is distributed, sold, or offered for sale in violation of this Chapter
shall constitute a separate violation of this Chapter.
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.
Section 2. The passage of this ordinance is not subject to the California Environmental
Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change to the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) (Title 14 of the California
Code of Regulations) because it has no potential for resulting in physical change to the
environment, directly or indirectly
Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision
shall not affect the validity of remaining portions of the ordinance. The City Council of the City
of Redding hereby declares that it would have passed this ordinance and each section, subsection,
sentence, clause and phrase thereof irrespective of the fact that one or more sections, subsections,
sentences, clauses or phrases may be held invalid or unconstitutional.
Section 4. This Ordinance shall take effect thirty (30) days after the date of its
adoption, and the City Clerk shall certify to the adoption thereof and cause its publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council
of the City o�Redding at a regular meeting on the 15th day of July, 2025, and was duly adopted at
a regular meeting on the_day of , 2025,by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
JACK MUNNS, Mayor
ATTEST: FORM APPROVED:
SHARLENE TIPTON, City Clerk CHRISTIAN M. CURTIS, City Attorney
DATE ATTESTED: , 2025
GI �" Y C� F
� � �- ' � ° � � i � CITY OF REDDING
��
REPORT TO THE CITY COUNCIL
MEETING DATE: September 17,2024 FROM: Jason Gibilisco, Management
ITEM NO. 9.1(a) Assistant to the City Manager
***APPROVED BY***
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jgibilisco@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.1(a)--Consider report regarding tobacco retailing in the City of Redding.
Recommendation
Accept the report on tobacco retailing and provide direction to staff regarding next steps.
Fiscal Impact
There is no fiscal impact with accepring the report. If the City Council (Council) would like to
pursue drafting an ordinance on tobacco retailing, there would be associated staff time costs.
Currently, the Redding Police Department (RPD) is running decoy operations through a grant.
The grant consists of five operations a year with each operation consisting of 10-12 retailer visits
per operation -revenue received per operation is $1,500.
If the Council pursues a Tobacco Retail License (TRL) Program that is to be managed and
enforced by Code Enforcement, staff would need to further examine cost recovery of the
program. In TRL programs, the costs of education, inspections, and enforcement are funded by
the cost of the license, and can be supplemented with grants. The cost of the license could fund a
full time Code Enforcement position and even an administrative position to process the licenses.
Further examination would be required.
Alternatzve Actzon
The Council could choose to not accept the report.
Background/Analysis
On February 6, 2024, staff presented to the Council a report regarding what California (Stat�)
laws are in place and what other jurisdictions are doing in regards to tobacco enforcement. Staff
presented a broad scope of what the majority of State jurisdictions are doing in regards to
tobacco enforcement and specifically what the jurisdictions are doing in Shasta County. The
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Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 2
Council accepted the report and advised staff to further canvas State municipalities to determine
what is and is not working regarding tobacco enforcement, retailer density, how youth are
targeted, and any other information as it relates to tobacco retailers.
Since the previous meeting, the 2023 California Youth Tobacco Use Survey (survey) was
released �or Shasta County and there is new legislation, that, if signed by the Governor, wi11
increase the fine for selling a tobacco product to youth. The survey was released in March 2024,
and shows Shasta County has the highest rate of tobacco ever used by youth in the State of
California at 41.2 percent'. The report shows that one in three Shasta County Youth report being
able to purchase tobacco directly form a tobacco retailer'. On average, students reported first
using tobacco at age 13 and 82.2 percent of students who have used tobacco reported trying
vapes as their first tobacco producti.
Potential new tobacco enforcement legislation has moved forward to Governor Newsom for
consideration. Senate Bill (SB) 2021 supplements the existing fine that can be issued to an
individual who knowingly sells a tobacco product to a person under 21 years of age. This new
bill allows for a fine to be issued to the retailing businesses or corporation. The fine amount that
can be issued to the business for knowingly selling to a youth is punishable by a fine of$500 for
the first offense, $1,000 for the second offense, and$5,000 for the third offense.
The California Department of Tax and Fee Administration (CDTFA) requires all retailers who
sell cigarettes, or tobacco products, to obtain a cigarette and tobacco retailer's license. The
CDTFA de�nes a tobacco product on their website as:
• "any product containing, made, or derived from tobacco or nicotine that is intended for
human consumption;"
• "Any electronic smoking or vaping device that delivers nicotine or other vaporized
liquids;" and
• "Any component,part, or accessory of tobacco product, whether or not sold separately."
Data Collection and Benchmarkin�
Staff analyzed 48 various jurisdictions throughout the State on what types of tobacco ordinances
and enforcement other jurisdictions have in place. Staff specifically asked jurisdictions if they
have a tobacco ordinance, if they enforce their tobacco ordinance, and if the ordinance is
working. Staff also viewed each jurisdiction's municipal code for specifications on tobacco
related ordinances. Staff analyzed if a TRL is required, how many tobacco retailers are in the
jurisdiction, what are the associated fees, population, penalties, and what specific ordinances are
in place. Staff did not hear back from some jurisdictions through phone or email which resulted
in reviewing online ordinances and information.
Of the 4$jurisdictions that were analyzed, 28 of them require retailers to have a 1oca1 TRL. As of
October 2023, at least 226 municipalities in California require a TRL to se11 tobacco products.
Jurisdictions that require a TRL, required them to be renewed annually, allow them to have local
control, and enforcement capabilities of the tobacco retailers in their jurisdiction. This allows the
jurisdiction to set any additional requirements such as limits on how many retailers are operating
in their jurisdiction and general oversight. Tt makes enforcement more effective and efficient and
gives local governments the ability to intervene when needed. Many jurisdictions have set their
ordinances to go above and beyond of what the federal and state law requires.
Staff found several jurisdictions hav� adopted tobacco ordinances but currently have no funding
for their tobacco program or for enforcement. These jurisdictions are Butte County, Oroville,
P�cket Pg.2G1
Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 3
Hollister, San Benito County, Arroyo Grande, and Merced County. The Cities of Anderson,
Santa Rosa, and Vallejo, stated that they are in the process of working on updating or creating a
TRL program.
The City of Benicia was found to have the most restrictive requirements for tobacco retailers.
Followed by Sonoma County and Sonoma County cities such as Petaluma, Sebastopol, Windsor,
and Sonoma. These jurisdictions require each tobacco retailer to hold a TRL, implemented
density requirements (with some no longer issuing TRLs due to being over density), proximity
requirements to youth areas, distance/proximity requirements to other tobacco retailers, no
selling o�flavored tobacco, no tobacco retailing at pharmacies, minimum pricing requirements,
and some even banning the sale of electronic cigarettes or vaping products.
There was a wide array of specific ordinances that have been implemented throughout the State.
The various ordinances in place include:
Proximit_y Rec�uirement to a Youth Sensitive Area
Jurisdictions have set requirements for tobacco retailers operating near youth sensitive
facilities. Youth sensitive facilities mainly include, schools, parks, libraries, day cares,
playgrounds, and ultimately, specific areas de�ned by the jurisdiction. Jurisdictions set
prohibitions for tobacco retailers near schools beca�use of the belief that children are more
likely to experiment with tobacco products when tobacco retailers are near youth areas.
Setting distance restrictions near youth areas may assist with reducing youth smoking
rates. There are 16 jurisdictions that have set a distance requirement for tobacco retailers
near youth sensitive areas. The distance set by the jurisdictions analyzed ranges from 300
feet to 1,000 feet.
Proximit.��c�uirements Near Existin� Tobacco Retailers
There are 10 jurisdictions that have requirements for no new tobacco retailers to operate
within a specific proximity to other tobacco retailers. This requirement prevents the over
concentration of tobacco retailers within particular neighborhoods and how close they
can operate from one another. The overconcentration of tobacco retailers may affect
youth smoking behaviors and youth access to tobacco products. The distance set by the
jurisdictions analyzed ranges from 500 feet to 1,000 feet.
Tobacco Retailers taer Population Density or Ca� on the Amount of Tobacco Retailers
Jurisdictions have imposed requirements for tobacco retailers based on the local
population. Jurisdictions have based this requirement off of the State's ability to limit the
number of alcohol licenses. Greater tobacco density may lead to higher smoking rates. In
the jurisdictions analyzed, ]2 jurisdictions have adopted an ordinance based off the
population. The jurisdictions analyzed had various densities adopted that include one
tobacco retailer for every 1,500 residents (one jurisdiction), 1,750 residents (one
jurisdiction), 2,000 residents (four jurisdictions), and 2,500 residents (three jurisdictions).
This sets local capacity of tobacco retailers based on the number of residents. If
population inereases then the number of tobacco retailers ean be inereased. The City of
Sonoma has a set capacity of 15 retailers, and Nevada City has a set limit of five. The
City of Oroville requires a use permit from planning and has a density requirement of one
for every 4,000 residents for significant tobacco retailers which has been reached.
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Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 4
No Selling of Flavored Tobacco
With the passing of SB 793, effective January l, 2023, flavored tobacco or tobacco
product flavor enhancers are now illegal to se11, offer for sale, or possess with the intent
to sell or offer for sale in the State with a few exceptions. Flavored tobacco is considered
a starter product for youth that assists with long term tobacco use. There are countless
flavors that range from Cotton Candy, Cherry Crush, Pop Tart, Banana Blast,
Wintergreen, and many more. There are 1'7 jurisdictions that were analyzed that have an
ordinance that prohibits the sale of flavored tobacco with solne going above and beyond
SB 793 and banning a11 flavored tobacco. In communications with jurisdictions, flavored
tobacco products are still being found, mainly at significant tobacco retailers such as
smoke shops.
No Sale of Electric Smokin�Devices (ESDs)/Vapes
Electronic Cigarettes are also known as e-cigarettes, vapes, or e-vaporizers, and are
battery operated devices used to deliver nicotine, flavorings, and other chemicals into the
body in an aerosol form rather than smoke. The majority of ESDs or vapes are widely
used for flavors. Following the ban on flavored tobacco,jurisdictions noticed that tobacco
companies are finding ways to circumvent the flavor ban and are calling products by the
names of colors such as `Blue." Blue could mean that its flavor is blue raspberry or
bl�ueberry. ESDs are also what the youth are using in higher rates. The State's flavor ban
does leave room for interpretation on what is and is not considered flavored tobacco.
Jurisdictions have decided to go one step further and prohibit the sale of all ESDs for this
reason. Since the majority of ESDs are flavored, jurisdictions reported minimal impacts
to prohibiting the sale of ESDs. The Environmental Protection Agency classifies ESDs as
hazardous waste due to their lithium batteries and nicotine in the liquid. There are seven
jurisdictions analyzed that have prohibited the sale of ESDs.
No Sellin� of Tobacco at Pharmacies
Jurisdictions have restricted pharmacies from selling tobacco and tobacco related
products. This ordinance is based off pharmacies being a place people go to for health
care and medicine. It can send a mixed message about their safety because it is where
people purchase healthcare products. There are 11 jurisdictions analyzed that have an
ordinance in place prohibiting the sale of tobacco products at pharmacies.
Minimum Packa�e Pricin /�Quantity Requirements/No Free Samples or Discounts
Jurisdictions have imposed minimum pricing requirements and minimum packaging
requirements. The implementation of pricing requirements is that if tobacco products are
priced higher, then they are likely to be unaffordable by youth. Higher prices make
products less appealing and can make people use tobacco products less. 1Vlinimum
paeking requirements is thought to have the same logic. Cigarettes are already required to
be sold in packs of 20 but cigars can be sold in singles. Some examples analyzed include:
minimum price for a pack of cigarettes to be no lower than $7 or $10; little cigars to be
sold in packs of fve or more and to be priced no less than $7; and smokeless tobacco to
be no less than $10. Jurisdictions that have imposed minimum pricing and packaging
ordinances have also imposed discount restrictions to back up the minimum pricing
Pack�t Pg. 2fi3 '
Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 5
requirement. Coupons and free samples are prohibited under State law. Six jurisdictions
analyzed have requirements on tobacco pricing and quantity packaging requirements.
Smoke Free Multi-Famil_y Housing
Jurisdictions have set no smoking requirements for multi-family housing. This restriction
is in place to protect residents from second hand smoke, minimize fire risk, and provide
overall quality of life to residents. The restriction includes no smoking in the building and
in common areas with a designated smoking area away from the building or any units.
There are nine jurisdictions that were analyzed that have created an ordinance prohibiting
smoking in multi-family housing.
Other Re�ulations Found
• Tobacco retailer inust obtain a use permit through the jurisdiction's planning
department to operate within a certain distance to a youth facility;
• No significant tobacco retailers. A significant tobacco retailer can be defined as their
primary purpose is to sell tobacco and tobacco related products;
• No significant tobacco retailers to operate within a certain distance to residential
property;
• No deliveries of tobacco products to be made by employees or by private delivery
drivers;
• No placing tobacco prod�ucts or advertising within 5 feet of candy, snacks, and
nonalcoholic beverages;
• No advertising of tobacco products within 500 feet of a youth sensitive area•, and
• No advertising of tobacco products on windows or advertising to be seen from
outside the establishment.
Majority of all jurisdictions analyzed that have imposed tobacco retailing restrictions allowed
legally operating tobacco retailers to continue to operate post adoption of their ordinance as long
as the tobacco retailer was in good standing. This included businesses that were within required
distances to youth facilities and within proximity to other tobacco retailers, and if a TRL cap was
initiated. Some offered grace periods such as San Jose, to sell off flavored tobacco which was
prior to the State banning flavored tobacco. Santa Maria required pharmacies to immediately
stop selling tobacco and San Luis Obispo County immediately required businesses to cease
selling ESDs. Further break down of ordinances and analysis can be found on the attached
Tobacco Retailer Regulation Comparison spreadsheet.
What is and is not workin�
The Council directed staff to follow up on what is and is not working. The jurisdictions that are
successfully running a TRL program, provide education, inspections, and enforcement, feel like
their ordinance is working to prevent youth access to tobacco products. If the jurisdiction has a
density limit, it prevents the over density of more tobaceo retailers from operating. Jurisdietions
feel that to be able to back up enforcement with fnes and TRL suspension and revocation assist
greatly in preventing retailers from being a bad aetor. Fines allow the jurisdiction to immediately
issue a citation for when violations are found such as a business selling flavored tobacco. If a
business eontinues to sell flavored tobacco a jurisdietion can then issue a second citation and can
suspend their TRL or wark towards fu11 revocation. Many jurisdictions expressed the use of
discretion when deciding on the level of en�orcement to be issued. It was reported that
Packet Pg. 264
Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 6
suspension and revocation of TRL can be stronger than fines but having all available options is
best.
The City of San Jose operates a decoy program and issues a citation amount of$2,500 for selling
to a youth. The San Jose City Code Enforcement Inspector felt like the fine amount should be
higher due to one business being �ned twice for selling to a decoy on two different occasions.
The City of San Jose has smaller fine amounts for other violations such as selling flavored
tobacco. Other cities have set fine amounts up to $5,000, and include suspension and revocation
of the stores' TRL. A TRL suspension could have a higher business impact over a smaller fine
amount on a business because the store physically has to remove all tobacco products from their
store shelfs for a certain amount of time. Sonoma County has the ability to suspend a TRL and
issue a citation. Some jurisdictions are able to suspend a TRL for any violation of their Tobacco
Retail Ordinance. Jurisdictions with higher fines, suspensions and revocation of TRL are able to
effectively enforce tobacco restrictions to ensure retailers are always in compliance.
In the study that was performed, 2021 State of Tobacco Control: California Local Grades�`, for a
TRL ordinance to be successful in reducing the sale of tobacco to minors it sho�uld include:
• A sufficient fee for the TRL to cover administration and enforcement efforts;
• Permission to sell tobacco through an annual license that must be renewed annually;
• Include provisions against any state laws in ordinance; and
• Financial deterrent that includes fines, penalties, suspensions and revocation of the
license.
In the report Tobacco Retailer Licensing is Effective, 41 jurisdictions were analyzed in 2018 and
determined that youth sales rates dropped following the adoption of a strong tobacco retailer
licensing ordinance. This was determined from youth purchase surveys administered by local
agencies. The report indicates that a TRL alone will not decrease youth access but with
enforcement and education regarding the local regulations will always be needed. Six of the
jurisdictions that were analyzed were included this report (Davis, Elk Grove, Grass Valley,
Oroville, San Luis Obispo County, and Woodland).
City of Reddin�(Citx) Tobacco Retailer Landsca�e
In the City there are 119 tobacco retailers. Staff worked with the County of Shasta and the State
to obtain the actual amount of tobacco retailers to include sole proprietors, husband and wife co-
owners, and domestic partners. The below table shows the number of store types that hold a
CDTFA issued tobacco retailers license:
Reddin Tobacco Retailers
Gas Station 39
Smoke Sho / Si nificant Tobacco Retailers 29
Small Market/Convenience Store 25
Li uor Store 8
Pharmac 8
Su er 1Vlarket 7
Golf Course 2
Wine 1
Staff worked with the City's Information and Technology Department's Geographic Information
System personnel to map all tobacco retailer adresses and compare their distance to youth
Packet Pg. 265
Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 7
sensitive locations, and their distance to other tobacco retailers. Staff defined youth sensitive
locations as the same as in the City's cannabis ordinance which includes schools, parks, and
child care facilities. Of these stores there are 20 youth sensitive areas that are located within
1,000 feet of a tobacco retailer. There are 100 tobacco retailers that are located within 500 feet o�
another tobacco retailer. The population density is one tobacco retailer for every 787 residents.
Local Enforcement
RPD received a grant earlier this year to perform decoy operations. RPD receives $1,500 per
operation and must perform five operations a year with each operation requiring 10-12 retailer
visits. To date, RPD has performed three tobacco decoy operations that included 41 decoy
attempt purchases of tobacco. In all, five sales were made by a youth decoy. One tobacco retailer
sold to a decoy twice on two different operations. The four stores are smoke shops and would be
considered a significant tobacco retailer. Of these four store stores, two are located within 500
feet of another tobacco retailer and none are located within 1,000 feet of a youth sensitive area.
In June of 2024 the CDTFA was in in the City doing inspections with Shasta County's Tobacco
Compliance Specialist and RPD. Their mission was to ensure tobacco retailers were properly
licensed through the State and have all proper invoices for their products dating back to a year.
They are also able to confiscate illegally imported tobacco and cannabis products. They are
unable to confiscate flavored tobacco which falls under the California Department of Public
Health (CDPH) and they did not perform underage decoy purchases. They inspected seven
tobacco retailers in Redding and found violations at all seven of the retailers. The violations
range from confiscation of illegally imported products, confiscation of cannabis prod�ucts, and
confirmation of flavored tobacco. The seven stores inspected were all smoke shops. Two of these
stores were issued a citation and the total amount of confiscated illegal products exceeded
$9,000. Three of these seven retailers sold to a minor as part of RPDs decoy operations earlier
this year.
The Food and Drug Administration (FDA) performs random and unannounced decoy operations
and has their inspection logs publicly available on their website. From January 1, 2022, to July
16, 2024, there was one sale to a decoy out of 22 attempts. Their follow up procedure for a decoy
sale is to send a warning letter, then after another confirmed sale, the FDA can follow up with
civil penalties, injunctions, and criminal prosecution. The confirmed sale to a decoy was made at
a smoke shop or significant tobacco retailer.
How Kids are Tar e� ted
Kids are targeted by tobacco companies in several different ways. The largest is advertising. The
U.S. Centers for Disease Control and Prevention reported that cigarette and smokeless tobacco
companies spent $8.2 billion in 2019 on advertising and promotional expenses"�. This includes
incentives to retailers by tobacco companies to offer price discounts, promotions, and stocking
certain brands. Lower prices and discounts are more appealing to lower income residents and
more appealing to youth. Tobacco products such as a pack of three small cigars can be found far
$1.19 in the City.
The advertising of tobacco products includes how they are packaged. The packaging of tobacco
products is made and designed similar to candy products. This can make it very appealing to
youth. The placement of tobacco products and advertising are typically placed near candy, soft
drinks, and adjacent to the cash register in places likely to be seen by youth. Advertisements can
also be strategically placed outside to be seen by youth passing by.
P�cket Pg.2G6
Report to Redding City Council September 22,2024
Re: 9.1(a)--Accept Report and Provide Direction Regarding Tobacco Retailing Page S
Flavors and ESDs are also more appealing to youth. Flavors can hide the distinct tobacco flavor
and can make products easier to inhale. Flavored tobacco products have been banned in the State
but flavored products are still being found in stores. ESDs come in a variety of designs, relatively
low in price, easily concealable, and have high nicotine content that can make it very addicting to
users.
Next Steps
If the Council would like to move forward with any potential tobacco retail ordinance and/ or
TRL program, staff can further analyze and prepare an ordinance to bring back to the Council at
a future date for possible adoption. This process will include necessary outreach with
stakeholders, work with the City Attorney's Office and any other necessary departments.
EnviNonmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Public Safety — "Work to improve all aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding."
Attachments
^Tobacco Staff Report February 6, 2024
^Tobacco Retailer Licensing is Effective September 2018
^California Youth Tobacco Survey-Shasta County Data
California Youth Tobacco Survey 2023 Annual Report
^Jurisdictional Data
'Clodfelter,R.,Dutra,L.M.,Bradfieid,B.,Russell, S.,Levine,B.,&von Jaglinsky,A. (2023).Annuai results
report for the California Youth Tobacco Survey 2023.RTI International.
"County Grades. (2021).https:Uwww.lung.org/getmedia/3b258a14-f355-42d0-9cac-18901c1802eb/state-of-
tobacco-control-california-local-grades.pdf
"'CDC. (2018,May 4). Tobacco Industry Marketing. Centers for Disease Control and Prevention.
https://www.cdc.gov/tobacco/data statistics/fact sheets/tobacco_industry/marketing/index.htm
P�cket Pg.267 '
GI �" Y C� F
� � �- ' � ° � � i � CITY OF REDDING
��
REPORT TO THE CITY COUNCIL
MEETING DATE: March 18, 2025 FROM: Jason Gibilisco, Management
ITEM NO. 9.1(c) Assistant to the City Manager
***APPROVED BY***
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7t�su��Ci' i c�,� a��a��exa�c t t�sitii�zik t�tlrw G i4y hSt7r�ag�x �t11r�(�25 1�.tpiTi,�i � �ti ��'�� 3/l 2/�6���
jgibilisco@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.1(c)--Consider accepting report regarding tobacco retailing in the City of
Reddin .
Recommendation
Accept the report on tobacco retailing and provide direction to staff regarding next steps.
Fiscal Impact
There is no fiscal impact with accepting this report. If the City Council (Council) would like to
alter the former Council's September 2024 previous direction to staff which was to create a
Tobacco Retail License (TRL) ordinance speci�ic to vape/smoke shops there would be associated
staff time costs with updating the ordinance.
The Redding Police Department (RPD) has received two tobacco use prevention related grants.
The first grant is with the County of Shasta to perform decoy operations through March 15,
2026. The grant consists of �ve operations a year with each operation consisting of 10 to 12
retailer visits per operation — revenue received per operation is $1,500. The second grant is
through the California Department of Justice that provides $630,569 through October 31, 2027.
This grant funds police officers to administer and conduct enforcement operations that include
retail inspections, decoy operations, shoulder tap, undercover buys, and retailer education.
Alternatzve Actzon
The Council could choose to not accept the report or move forward with implementation of a
TRL or provide other direction.
Report to Redding City Council March 12,2025
Re: 9.1(c)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 2
Background/Analysis
On February 6, 2024, staff presented a report to the Council outlining current California laws and
tobacco enforcement practices in various jurisdictions, including Shasta County. The Council
accepted the report and directed staff to conduct further research on tobacco enforcement
practices in other California municipalities and detennine what is and is not working regarding
tobacco enforcement, and any other information as it relates to tobacco retailers.
Staff canvased the municipalities for information related to tobacco retailers and returned to
Council on September 17, 2024 to present this information. Staff analyzed 48 jurisdictions with
28 of them requiring retailers to have a local TRL. This is in addition to the state license that is
required by the California Department of Tax and Fee Administration for any retailers who se11
tobacco products. The cost of the state license is $265 and must be renewed annually. It is
intended to prevent retailers from selling unregulated tobacco products.
Municipalities that require a TRL also require an annual fee in concert with the TRL, and allows
for local control, and enforcement capabilities over tobacco retailers in their jurisdiction. Many
jurisdictions have set their ordinances to go above and beyond what the federal and state law
requires. Jurisdictions that are successfully running a TRL program also provide education,
inspections, and enforcement to their tobacco retailers.
The Council accepted the September 17, 2024 staff report on tobacco retailing and directed staff
to return with a TRL ordinance for vape and smoke shops, and include fee options to fund
enforcement through both code enforcement and law enforcement, for consideration at a future
Council meeting.
Following the September 17, 2024 meeting, staff worked on both a TRL ordinance specific to
vape and smoke shops and worked on fee options to fund the TRL program. The TRL ordinance
speci�ic to vape and smoke shops is still under review and not ready to be presented at this time.
The options to oversee the TRL program could be either RPD or Redding Code Enforcement
(RCE).
If the Council would like to pursue implementing a TRL program, the fee for the TRL will vary
depending on the overseeing department; RPD ar RCE. The fee will also vary depending if it is
vape/smoke shop only, or for all tobacco retailers. It was noted at the September 17, 2024
Council meeting, that there are 29 vape/smoke shops and 119 tobacco retailers in the City of
Redding.
RPDs identi�ied resource needs to oversee a TRL program would be one full-time Police Officer
position and a half-time Sergeant position. RPD is currently receiving funding through the
above-mentioned grant for tobacco use prevention related enforcement and education activities.
RCE's identified resource needs to run the TRL program would be one full-time Neighborhood
Preservation Officer and a half-time Admin Assistant. The following are the estimated costs for
RPD and RCE to successfully cover administration and enforcement efforts based on their
identified needs to run a TRL program based off the number of tobacco retailers.
Report to Redding City Council March 12,2025
Re: 9.1(c)--Accept Report and Provide Direction Regarding Tobacco Retailing Page 3
Redding Police Cost of a Full-time Estimated Cost of TRL Estimated Cost
Department Police Officer and half- for Vape/ Smoke shops of TRL for al1
time Sergeant only(29) Tobacco
Retailers 119
$379,000 $13,068.96 $3,184.87
Redding Code Cost of a Full-time Estimated Cost of TRL Estimated Cost
Enforcement Neighborhood for Vape/ Smoke shops of TRL for a11
Preservation Officer and only(29) Tobacco
half-time Admin Retailers (119)
Assistant
$140,020 $4,828.27 $1,176.63
The TRL program costs are significantly reduced if requiring all tobacco retailers to be licensed
versus the vape/smoke shops on1y. TRL program costs are even further reduced with RCE
overseeing the program. The cost of the TRL covers staff time costs to run the TRL program and
includes education, inspections, and enforcement for tobacco retailers. Of course the cost could
be further reduced if the Council wanted to lower the amount of oversight or wished to subsidize
the activity with the General Fund.
At the February 18, 2025, Council meeting, agenda item 12, the Council directed staff to bring
back the TRL item for further direction. If the Council would like to move forward with altering
the previously directed tobacco retail ordinance for vape/smoke shops, staff can further analyze
and update the ordinance to bring back to the Council at a future date for possible adoption. This
process will incl�ude necessary outreach with stakeholders, work with the City Attorney's Office
and any other necessary departments.
Envir�onmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City ManageN Goals
� Public Safety — "Work to improve a11 aspects of public safety to help people feel secure
and safe where they live, work, and play in the City of Redding."
Attachments
^Tobacco Staff Report February 6, 2024
^Staff Report City Council9-17-24
^Jurisdictional Data
Tobacco Retailer Licensing is Effective September 2018
California Youth Tobacco Survey-Shasta County Data
California Youth Tobacco Survey 2023 Annual Report
GI �" Y C� F
� � �- ' � ° � � i � CITY OF REDDING
��
REPORT TO THE CITY COUNCIL
MEETING DATE: June 1'7,2025 FROM: Jason Gibilisco, Management
ITEM NO. 9.1(d} Assistant to the City Manager
***APPROVED BY***
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7�aso Ci e c�, a��a�caaiu t t�sivi�i�t t�tlr�C itY�7t7r�n�ux 5;22'2(�25 1Ia}?ITi,�"1 dll � fs,��1/7�Y��
jgibilisco@cityofredding.org btippin@cityofredding.org
SUBJECT: 9.1(d)--Consider adopting a tobacco-oriented retailer ordinance.
Recommendation
Authorize and approve the following:
(1) Offer an Ordinance amending Redding Municipal Code Title 6 (Business Taxes,
Licenses, and Regulation), Chapter 6.13 (Redding M�unicipal Code Tobacco-Oriented
Retailing) adopting a Tobacco-Oriented Retail license for first reading by title only,
waive the fu11 reading;
(2) Authorize the City Attorney to prepare a summary ordinance and the City C1erk to
publish the same in accordance with law; and
(3) Find that the adoption of this ordinance is exempt from environmental review pursuant to
California Environmental Quality Act guidelines 15060(c)(2) and 15061(b)(3) and
further find that the passage of this ordinance will have no foreseeable direct or indirect
physical change in the environment.
Fiscal Impact
If the new ordinance is adopted, a11 Tobacco-0riented Retailers will be required to pay a fee of
$4,828.27 - the fee is based on Code Enforcement administering the Tobacco-Oriented Retailer
Program and that there are 29 vape/smoke shops that wi11 be classified as Tobacco-Oriented
Retailers. As proposed, Code Enforcement staff would include one full-time Neighborhood
Preservation Officer and a half-time Administrative Assistant. The fee could increase or decrease
if the number of Tobacco-Oriented Retailers is found to be more or less than 29.
Alternative Action
The City Council (Council) may choose not to adopt an ordinanee regulating Tobaeeo-Oriented
Retailers or the Council may direct staff to edit the licensing ordinance to incorporate licensing
all tobacco retailers. This will signifieantly drop the �ee for the program to $1,176.63 sinee it is
spread out over approximately 119 retailers. The Council may also provide alternate direction to
staff.
P'�cicet Pg. '1'142
Report to Redding City Council June 12,2025
Re: 9.1(a')--Consider adopting a tobacco-oriented retailer ordinance Page 2
Background/Analysis
On March 18, 2025, staff presented the Council with background information on previous
tobacco retail items, including the Council's most recent direction from September 17, 2025,
Council meeting and the fees associated with operating a tobacco retail program through both the
City of Redding Police Department and Code Enfarcement Division. At that meeting, the
Council directed staff to return with a licensing ordinance that includes location restrictions and
capacity limit for smoke and vape shops.
Staff worked with Code Enforcement and the City Attorney's Office to create a draft tobacco
retailing ordinance (Draft Ordinance) that was specific to creating a license requirement for vape
and smoke shops. In addition to creating the draft ordinance staff also added location restrictions
and capacity limit for smoke and vape shops. Staff has confirmed adding these restrictions does
not require an update to the zoning code and can be accomplished via the ordinance.
Under the draft ordinance, all Tobacco-Oriented Retailers wi11 be required to obtain a license
unless they meet at least three out of seven exemption criteria. These criteria are designed to
exclude general tobacco retailers such as gas stations, convenience stores, supermarkets, golf
courses and other similar stores from the definition of "Tobacco-Oriented Retailer." They
include:
1. Businesses that have contracts with tobacco manufactures;
2. Businesses that have gas pumps and sell gas;
3. Businesses that have licenses to sell beer and wine or liquor;
4. Businesses who have ownership rights to the property;
5. Businesses that have a minimum gross sales of non-tobacco products in excess of 75
percent;
6. Businesses that include a pharmacy on site; and
7. Businesses whose primary use is a golf course.
To create this definition and establish the criteria, staff inet with various business owners to learn
the differences in their stores compared to smoke and vape shops. Staff also attempted to meet
with smoke and vape shop staff but they were not interested in discussions.
In the City of Redding (City) there are approximately 29 Tobacco-Oriented Retailers. Staff
determined that the capacity limit for Tobacco-Oriented Businesses is 20 and recommends
reducing the total number of Tobacco-Oriented Retailers respectively. Current Tobacco-Oriented
Retailers will be allowed to continue to operate as long as they submit a complete and accurate
Tobacco-Oriented Retail application and pay the required fee within 60 days of ordinance
adoption.
New Tobacco-Oriented Retailers will not be permitted to operate within 1,000 feet of a youth-
oriented facility following the adoption of the draft ordinance. A youth-ariented facility includes
schools providing instruction of any grades Kindergarten through grade 12, public library, public
parks, and other similar youth-ori�nted facilities that are primarily used to host recreation and
social activities to youth.
Packet Pg, 7'143
Report to Redding City Council June 12,2025
Re: 9.1(a')--Consider adopting a tobacco-oriented retailer ordinance Page 3
The final distance requirement of the draft ordinance restricts new Tobacco-Oriented Retailers to
operate within 500 feet of an existing Tobacco-Oriented Retailers. The distance requirements for
both youth-oriented �acilities and existing Tobacco-Oriented Retailers will only come into effect
once the total number of Tobacco-Oriented Retailers drops under 20, affecting only new
Tobacco-Oriented Retailers that seek to operate following adoption of the draft ordnance.
The draft ordinance allows for enforcement, inspections, and education to all tobacco retailers
not just TobaccaOriented Retailers. All retailers will be subject to inspections; retainment of
purchase invoices for tobacco products for staff review; there will be no sale of flavored tobacco
products; and no tobacco products to be sold to a person under the age of 21. This allows for the
City to investigate complaints on retailers that are not classified as Tobacco-Oriented Retailers
and hold all tobacco retailers accountable.
Pending adoption of the ordinance, staff wi11 bring back a resolution for adoption of a Tobacco-
Oriented Retailer licensing program and a resolution for adoption of administrative fines.
Environmental Review
This is not a project defined under the California Environmental Quality Act, and no further
action is required.
Council Priority/City Manager Goals
• Government of the 21st Century — `Be �elevant and p�^oactive to the oppo�tunities and
challenges of today's residents and wo�kforce. Anticipate the future to make better
decisions today."
Attachments
^Draft Ordinance
^Public Health Law Center's Comprehensive Tobacco Retailer Licensing Ordinance
Staff Report from September 17, 2024
Staff Report from March 18, 2025
Packet Pg, 7'144