HomeMy WebLinkAboutCC 2025-06-10_11a Supplemental 1
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Director of Legislative & Information Services/
City Clerk
SUBJECT: Supplemental Information
Agenda Item 11.a. – June 10, 2025 City Council Meeting
Amendments to Arroyo Grande Municipal Code Sections 8.36.020
and 8.36.050 Regarding Sales to Minors and Sales and Distribution of
Electronic Tobacco Products
DATE: June 10, 2025
Attached is public comment received prior to 2 p.m. for the above referenced item.
cc: City Manager
Assistant City Manager/Public Works Director
Interim Police Chief
City Attorney
City Website and Public Review Binder
Enc
Mayor Caren Ray Russom and Members of the Arroyo Grande City Council
300 E Branch St
Arroyo Grande, CA 93420
RE: Support for Ordinance Amending AGMC 8.36.020 and 8.36.050 Regarding Sales to Minors and Electronic Smoking
Devices
Dear Arroyo Grande Mayor Ray Russom and Council Members,
On behalf of the San Luis Obispo County Tobacco Control Coalition, we write to express our strong support for the
proposed ordinance amending Arroyo Grande Municipal Code Sections 8.36.020 and 8.36.050. We commend the Arroyo
Grande Police Department and City staff for their leadership in advancing a policy that prioritizes youth health, closes
enforcement loopholes, and aligns with California and federal tobacco control laws.
The proposed ordinance takes several bold and necessary steps to address ongoing gaps in the regulation of tobacco
products, particularly electronic smoking devices (ESDs). These include:
• Prohibiting the sale of all ESDs , regardless of their FDA pre-market authorization status.
• Raising the minimum legal sales age to 21 for all individuals, including military personnel, consistent with
federal and state law.
These actions are vital. According to the 2023–2024 California Healthy Kids Survey, 21% of 11th graders in San Luis
Obispo County reported having used an ESD at least once . The Coalition continues to be concerned about the addiction
potential and health risks posed by these products, risks which are compounded by inconsistent FDA enforcement and
aggressive industry marketing. Data from Cal Poly students indicates that some are transitioning to combustible
cigarettes after likely initiating on EDSs or other flavored tobacco products.
Additionally, there is little evidence that ESDs are a safe or effective method for quitting tobacco. Instead, many users
become dual users, increasing the risk of cardiovascular disease and undermining public health progress.
To further strengthen the proposed ordinance, we respectfully recommend the following:
1. Amend the ordinance to explicitly prohibit “delivery sales” of tobacco products, using language consistent with
the Public Health Law Center's model ordinance: “Delivery sale” means the sale of any tobacco product... by
telephone, mail, the internet, or app-based service, including delivery by licensees or third parties.
2. Rescind the provision in Section 8.36.060 that penalizes minors for possession or use of tobacco products.
Criminalizing youth for tobacco use raises serious equity concerns and may disproportionately harm those in need
of support, not punishment. Tobacco control strategies are most effective when focused on retailer accountability,
prevention, and treatment, not criminalization of young people.
By adopting and strengthening this ordinance, Arroyo Grande will join a growing number of jurisdictions across
California leading the way to protect youth and communities from the harmful effects of tobacco.
Thank you for your commitment to public health and your continued leadership.
Sincerely,
Julia Alber & Trent Johnson
Chair and Co-Chair, San Luis Obispo County Tobacco Control Coalition