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PROPOSED TOBACCO RETAILER LICENSE ORDINANCE March 2015 ---PAGE BREAK--- El Cerrito Strategic Plan Goal E: Ensure the Public’s Health and Safety Strategy: Explore innovative and best practices for promoting public health smoking ordinances, nutrition, and obesity prevention). ---PAGE BREAK--- Council Study Session 5/20/14 1. Directed staff to draft a strong, comprehensive Smoke Pollution Protection Ordinance to regulate smoking within the City limits & 2. Establish local Tobacco Retailers License; Use portion of revenue from Tobacco Retailer License to fund enforcement of sales restrictions & 3. Consider raising the purchase age to 21 years ---PAGE BREAK--- El Cerrito’s Report Card American Lung Association’s report examines 3 categories: 1. Outdoor smoking restrictions = F 2. Requirements for non-smoking units in multi-unit housing = F 3. Local licensing and sales restrictions for retailers = F 61% of California municipalities received F grades Only 18 cities/counties in California received A grades Contra Costa County: Richmond, unincorporated Contra Costa (including Kensington) Alameda County: Albany, Berkeley, Dublin, Union City Marin County, San Rafael ---PAGE BREAK--- El Cerrito Online Survey Results ---PAGE BREAK--- Why Establish a Program? The primary goals of a Tobacco Retailer License program would be to: 1.Ensure responsible, legal sales of tobacco related products. 2.Prevent initiation of tobacco use among youth and young adults 3.Fund a local enforcement program for compliance monitoring 4.Close gaps in Federal and State laws that do not yet address electronic cigarettes or electronic nicotine delivery systems and other products marketed to youth ---PAGE BREAK--- Note: 21 retailers shown on map but both CVS stores and Blue Moon Saloon are included in the count and appear on this map as well as other graphics in this presentation but no longer sell tobacco. Red: retail shop, food service, convenience store Blue: Gas Station Green: Grocery Store or Drugstore over 10,000’ Yellow: Liquor Store Purple: tobacco shop Light Blue: no longer sells tobacco Orange: Private Club Current Tobacco Retailers by Store Type ---PAGE BREAK--- Current Zoning Regulations ECMC19.20.210 Tobacco sales Retail establishments deriving 50% or more of gross sale receipts from the sale or exchange of tobacco related products shall be located, developed, and operated in compliance with the following standards: A. Location. 1. Minimum distance from a residential district boundary: 500 feet. 2. Minimum distance from other Tobacco Sales: 1,000 feet. 3. Minimum distance from educational, religious, or cultural institutions and public parks: 500 feet. B. Maximum Size. The maximum floor area that may be occupied by a Tobacco Sales use is 5,000 square feet. Additional floor area requires approval of a Conditional Use Permit. C. Hours of Operation. 8:00 a.m. to 10:00 p.m., seven days a week. D. Litter. One permanent, non-flammable trash receptacle shall be installed and monitored in a clean and orderly fashion in the parking area adjacent to the entrance/exit. E. Exceptions. Exceptions to this Section shall require a Conditional Use Permit. (Ord. 2008-2 Div. II (part), 2008.) ---PAGE BREAK--- Propose New Definition of Tobacco Retailer Tobacco Retailer – Any person or business that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof, including retail or wholesale sales. “tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products or smoking paraphernalia sold, offers for sale, exchanged, or offered for exchange. There are currently 18 tobacco retailers in El Cerrito. ---PAGE BREAK--- Propose New Definition of Significant Tobacco Retailer Significant Tobacco Retailer - Any tobacco retailer for which the principal or core business is selling tobacco products, Smoking Paraphernalia, or both, as evidenced by any one of the following: Self-disclosure 20% or more of display area is devoted to tobacco products &/or smoking paraphernalia 50% or more of gross sales receipts are derived from tobacco products or smoking paraphernalia Staff estimates there are currently two retailers that may fit this definition of an STR. ---PAGE BREAK--- Proposed Retailer License For any retailer who offers tobacco and related products: Require any tobacco retailer to obtain a local retailer license annually. Fee for license would be set by Council at a rate sufficient to cover the cost to administer the license as well as an enforcement program. ---PAGE BREAK--- Inter-Departmental Effort to Implement Dept. Role City Manager’s Office Oversee implementation of the program; Public outreach Finance Collect license fee and issue new/renewal Tobacco Retailer Licenses Comm. Dev. Transition of existing tobacco retailer to new regulations. Consider use permit applications and issue use permits, conduct periodic inspections of tobacco retailer establishments and respond to municipal code complaints Police Develop decoy program & conduct annual decoy operations ---PAGE BREAK--- Minimum Legal Sale Age (MLSA) The federal nationwide minimum age for legal cigarette and smokeless tobacco sales is 18 years of age. At this time, the City is not considering raising MLSA for the purchase tobacco products and e-cigarettes to 21. ---PAGE BREAK--- Proposed Business Standards As proposed, the Ordinance would require any tobacco retailer to comply with these standards: Prohibit sale of flavored non-cigarette tobacco products Prohibit sale of single cigars, small-pack cigars Exception: single cigars priced over $5 each Prohibit self-service displays of tobacco products Prohibit employees younger than the MLSA from selling tobacco products Prohibit distribution of tobacco samples & coupons ---PAGE BREAK--- Proposed Business Standards, Cont. Existing tobacco retailers would have 24 months to comply with new business standards New businesses that open after the Ordinance is adopted would need to comply right away ---PAGE BREAK--- Prohibited Business Types As proposed, the ordinance will prohibit these business types from opening in El Cerrito: Cigar Lounge, Hookah Lounge, Vape Shop New Significant Tobacco Retailer ---PAGE BREAK--- New Separation Requirements As proposed, the ordinance will establish new separation requirements (buffer distance) between tobacco retailers and: Schools – 500’ Parks – 500’ (excluding the Ohlone Greenway) Other tobacco retailers – 1,000’ Exception: Allow new business to apply for exception to the store-to-store buffer Current retailers will be exempt from the separation requirements. ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- Next Steps Release Proposed Ordinance for public review Planning Commission Public Hearing in April Hear Public Comments Make recommendation regarding Zoning Code Changes City Council Consideration in Spring Hear Public Comments Consider adopting Ordinance (2 readings) Implementation ---PAGE BREAK--- Comments To provide comments, or request to be notified about upcoming public meetings about this program, please contact: Margaret Development Services Manager 215-4332