HomeMy WebLinkAboutCC 2025-06-24_09e Supplemental 1
MEMORANDUM
TO: City Council
FROM: Jessica Matson, Director of Legislative & Information Services/
City Clerk
SUBJECT: Supplemental Information
Agenda Item 9.e. – June 24, 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 24, 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
From:Amir Hassan
To:City Council; Matt Downing; Jessica Matson; Bill Robeson
Subject:Opposition Letter Vape Ban
Date:Monday, June 23, 2025 3:17:40 PM
Attachments:image002[22].png
Arroyo Grande, CA Oppo Letter.pdf
IRONSCALES couldn't recognize this email as this is the first time you received an email from
this sender Amir @ hasoil.com
Hello Arroyo Grande City Council,
I hope this email and attached letter finds you well. I am writing to you on behalf of my
company, H&S Energy, and on behalf of CFCA, NATO, and 7-Eleven expressing our
opposition to the action the city is taking on banning previously approved vape
products.
Please see attached letter and if there is room for collaboration on this, please do not
hesitate to reach out.
Thank you,
Amir Hassan
President of Operations and Retail
+1 714 390 0330 | +1 714 761 5426 ext.280
amir@hasoil.com | www.hnsenergygroup.com
2860 N. Santiago Blvd. Orange, CA 92867
This communication constitutes an electronic communication within the meaning of the
Electronic Communications Privacy Act [18 USC 2510] and is intended to be received and
read only by certain individuals. It may contain information that is attorney-client privileged
or protected from disclosure by law. Receipt by anyone other than the intended recipient does
not constitute a loss of the confidential or privileged nature of the communication. Any review
or distribution by others is strictly prohibited. If it has been misdirected, or if you suspect you
have received this in error, please notify me by replying and then delete both the message and
reply. Thank you. Consider the environment before printing.
Dear Arroyo Grande City Councilors,
We are writing to you today to express our concerns and opposition to your proposed total vapor
product ban.
In 2019, the city council adopted an ordinance that prohibited the sale of all non-FDA authorized e-
cigarette (vaping) products in an eHort to curb the then height of the national youth vaping
epidemic.
In 2024, the State of California passed a law enhancing the enforcement of the 2022 flavored
product ban. In that enhancement bill, AB 3218, the state is tasked with creating a list of allowable
“un-flavored” products (UTL – “Unflavored Tobacco List”) that can be sold across the state. To
better avoid enforcement confusion, we ask that the city postpone consideration of the total vapor
product ban until the state publishes the UTL. That list will clarify what products local law
enforcement should target instead of relying on a blanket ban.
Without such clarity, continued enforcement issues may rise, leading to prohibitionist policy
discussions such as this. We know bans do not fully work as intended – some businesses will
refuse to comply, consumers will travel elsewhere to purchase products, and unfortunately youth
will use their social sources to obtain tobacco. The city is better served continuing its education
eHorts around the harms of tobacco and penalizing irresponsible businesses who actively flout
federal, state, and local laws regarding underage sales and more.
In terms of underage sales, according to the FDA’s compliance website, in Arroyo Grande, none of
the detailed inspections in the last 10 years cited a single retailer for selling tobacco to youth. As
local retailers who were designated as essential businesses during the COVID-19 pandemic, we
encourage focusing enforcement eHorts on non-compliant operators rather than applying broad
restrictions to retailers with proven compliance records. The continued focus on responsible
retailers overlooks the broader factors contributing to youth access - namely, the illicit market.
Arroyo Grande’s existing law allows for the products that have met the FDA’s standard of
“appropriate for the protection of public health” to be sold (except menthol). In short, that means
those authorized products are helpful tools that not only wean cigarette smokers oH combustible
tobacco but also have minimal youth appeal. The FDA does have an active list of authorized vapor
products, which should allay concerns about a “guessing game” on what products can be sold in
the city. That list is linked and attached on the following page.
If the city removes this commonsense regulation, then Arroyo Grande is taking a step back public
health. As mentioned in 2019 during the initial discussions on banning vapes, the city council
should consider the “rest of the residents” and a potential disservice to them if you force them to
keep smoking cigarettes.
Please consider postponing a full ban and maintain the city’s current law allowing the sale of
federally authorized products.
Sincerely,
Amir Hassan, President of Operations and Retail
H&S Energy Products, LLC
Alessandra Magnasco, Director Governmental AHairs and Regulatory
California Fuels and Convenience Alliance
Sukhi Sandhu, Chairman
National Coalition of Associations of 7-Eleven Franchisees
David Spross, Executive Director
National Association of Tobacco Outlets
Steve’s Grocery Distributing
FDA Authorized E-Cigarette Products