HomeMy WebLinkAboutCC 2025-06-24_09e Amend Muni Code re Sales to Minors and Electronic Tobacco ProductsItem 9.e.
MEMORANDUM
TO: City Council
FROM: David Culver, Interim Chief of Police
BY: Jason Castillo, Administrative Sergeant
SUBJECT: 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
RECOMMENDATION:
1) Adopt an Ordinance amending Section 8.36.020 and Section 8.36.050 of Title 8 of the
Arroyo Grande Municipal Code relating to the sale of electronic tobacco products in
Arroyo Grande; and
2) Find that the proposed ordinance is exempt from the California Environm ental Quality
Act (CEQA) because it will not result in a direct, or reasonably foreseeable, indirect,
physical change in the environment (State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3),
15378).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
BACKGROUND:
On November 26, 20191, the City Council adopted Ordinance No. 702, prohibiting all retail
sales of electronic cigarette products and paraphernalia, known as “vape” products, that
have not received premarket review by the Federal Drug Administration ("FDA"). The
Council also adopted Ordinance No. 701 on August 27, 20192, prohibiting businesses
from selling tobacco products and paraphernalia to persons under twenty-one. The
Ordinances became effective thirty (30) days following adoption.
Pursuant to Government Code sections 36934 and 36937, ordinances are “introduced”
by first reading at a City Council meeting, “passed” (i.e., approved) at a later City Council
meeting by conducting a second reading, and then take effect 30 days after passage. At
1 https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/9180?fileID=15539
2 https://www.arroyogrande.org/AgendaCenter/ViewFile/Item/8889?fileID=15432
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Item 9.e.
City Council
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
June 24, 2025
Page 2
a public hearing on June 10, 20253, the City Council introduced the Ordinance as
proposed. The Ordinance amendments are now ready for adoption. The Or dinance
amendments will become effective thirty (30) days after adoption.
ANALYSIS OF ISSUES:
Sale of FDA Approved Products Only
The FDA requires all new tobacco products, including vapes, to undergo a process called
Premarket Tobacco Product Application (PMTA) before they can be legally sold in the
United States. This process is intended to determine whether a product is appropriate for
the protection of public health. However, a PMTA is not an approval or endorsement of
the product’s safety. Instead, it is a regulatory hurdle that allows the FDA to evaluate
whether a product should be allowed on the market under the current federal standards,
which are often more lenient than what many local communities consider appropriate for
the public health. Many vape products that appear on store shelves today are either still
under review, have not received marketing authorization, or are being sold in violation of
federal law. The PMTA process is backlogged, and enforcement is inconsistent. This
creates a loophole where unapproved and potentially harmful vape products continue to
be widely accessible, including to minors. Local regulation is a critical enforcement tool,
because the long-term safety of these products remains unclear.
Arroyo Grande Municipal Code (AGMC) Subsection 8.36.050(b) currently allows vape
products to be sold if the following criteria are met:
it is a new tobacco product;
it requires a premarket review order under 21 U.S.C. 387j, as may be amended
from time to time; and
it does not have a premarket review order under 21 U.S.C. 387j(c)(1)(A)(i), as may
be amended from time to time.
The removal of the above language will prevent any sale of vape or other electronic
tobacco products or paraphernalia within the City limits. Staff believes completely
prohibiting the sale is necessary because of the inconsistent enforcement of safety
standards for these devices and products. By adopting the proposed ordinance, Arroyo
Grande can take proactive steps where federal regulations have not been able to regulate
effectively, and better protect our residents' health and safety, especially minors. The
City’s proposed ordinance retains an existing carve-out for FDA-endorsed tobacco
cessation products, or when used for other medical purposes.
Sales to Minors
California Senate Bill 1230 (SB 1230), enacted in 2024, repealed the exemption that
previously allowed active-duty military personnel aged 18 to 20 to purchase tobacco
3 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=14873
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Item 9.e.
City Council
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
June 24, 2025
Page 3
products. This change aligns California law with the federal Tobacco 21 law, which has
set the minimum legal age to buy tobacco at 21, without exception for military members.
Prior to SB 1230, California law permitted a ctive-duty military members aged 18–20 to
purchase tobacco. The federal Tobacco 21 law, effective since 2019, applies to all
individuals regardless of military status. SB 1230 ensures consistency between state and
federal laws, eliminating confusion for retailers and enforcement agencies.
AGMC Section 8.36.020 currently allows active duty military personnel aged 18 -20 to
purchase tobacco products. T o comply with state law and protect the health of our
community's youth, it is recommended that the Ordinance be amended to remove the
exemption allowing military personnel aged 18–20 to purchase tobacco products. This
change will simplify enforcement within the City.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance as proposed;
2. Modify the Ordinance amendments and direct staff to return at a future public
hearing to introduce the modified amendments; or
3. Provide other direction to staff.
ADVANTAGES:
Revisions to the AGMC will align the City with State and federal law, protect the public
health, including the health of minors, and provide clarity for law enforcement.
DISADVANTAGES:
A prohibition on the retail sale of electronic cigarettes and vaping products could lead to
a referendum to overturn some of the City’s local regulations. However, the City would
join a number of other agencies that have taken similar action. Additionally, the Arroyo
Grande Police Department has been in touch with the California Department of Justice
regarding its plan to update its existing ordinance.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (“CEQA”) does not apply to the recommended
action in this report. This proposed Ordinance is not a “project” subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in a direct or
indirect physical change in the environment (State CEQA Guidelines, §§ 15060 (c)(2) and
(3), 15378.) The sole effect of the proposed Ordinance is to amend the Arroyo Grande
Municipal Code to limit distribution of electronic cigarettes and vaping products and
protect the public health.
Page 42 of 211
Item 9.e.
City Council
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
June 24, 2025
Page 4
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City's website in accordance with
Government Code Section 54954.2. The public hearing on this item was noticed in
accordance with Government Code Section 50022.3.
ATTACHMENTS:
1. Ordinance
Page 43 of 211
ATTACHMENT 1
-1-
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,
CALIFORNIA, AMENDING SECTIONS 8.36.020 AND 8.36.050 OF TITLE 8
OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO THE SALE OF
TOBACCO PRODUCTS
WHEREAS, based upon its concerns about the health impacts caused by the use of
tobacco products, the City Council of the City of Arroyo Grande has previously adopted
Arroyo Grande Municipal Code Chapter 8.36 – Tobacco Products of Title 8; and
WHEREAS, the City of Arroyo Grande is committed to protecting and promoting the
public health, safety, and welfare of its residents, particularly its youth; and
WHEREAS, the use of tobacco products, including electronic cigarettes and vaping
products, presents significant and well-documented health risks, including addiction,
respiratory diseases, and other adverse health outcomes; and
WHEREAS, there has been a dramatic increase in the use of electronic cigarettes and
vaping products among youth, both nationally and locally, posing a serious public hea lth
concern; and
WHEREAS, the availability of flavored electronic cigarettes and vaping products has
been identified as a primary factor in attracting minors to initiate and continue the use of
these harmful products; and
WHEREAS, the City Council finds that prohibiting the retail sale and distribution of
electronic cigarettes and vaping products, and strengthening age verification
requirements for all tobacco product sales, is a necessary and appropriate measure to
curb youth access to and consumption of these products; and
WHEREAS, the minimum legal age for the sale of tobacco products, including
electronic smoking devices, is twenty-one (21) years of age, and the City Council
deems it essential to align its local laws to reflect and reinforce this state standard; and
WHEREAS, the City Council finds that these amendments are consistent with the City's
community needs and serves a compelling public interest by reducing the prevalence of
tobacco and vaping product use among young people and preventing the associated
health consequences; and
WHEREAS, the City of Arroyo Grande has the authority under its police powers to
enact ordinances that protect the health, safety, and welfare of its residents;
WHEREAS, on June 10, 2025, the City Council held a duly noticed public hearing and
introduced the Ordinance;
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
Page 44 of 211
ORDINANCE NO.
PAGE 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals above are true and correct and are incorporated
herein by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The California Environmental Quality Act (“CEQA”) does not apply
to the recommended action. This proposed Ordinance is not a “project” subject to the
California Environmental Quality Act (“CEQA”) because it has no potential to result in a
direct or indirect physical change in the environment (State CEQA Guidelines, §§ 15060
(c)(2) and (3), 15378.) The sole effect of the proposed Ordinance is to amend the
Arroyo Grande Municipal Code to limit distribution of electronic cigarettes and vaping
products and protect the public health.
SECTION 3. Amendment. Chapter 8.36.020, Title 8 of the Arroyo Grande Municipal
Code is hereby amended to read in its entirety as follows:
8.36.020 Sales to minors.
No person, business, tobacco retailer, or owner, manager or operator of any
establishment subject to this chapter shall sell, offer to sell or permit to be sold any
tobacco product as defined by Business and Professions Code Section 22950.5 as such
section may be amended from time to time, to an individual without requesting and
examining identification establishing the purchaser's age as twenty-one (21) years of age
or older.
SECTION 4. Amendment. Chapter 8.36.050, Title 8 of the Arroyo Grande Municipal
Code is hereby amended to read in its entirety as follows:
8.36.050 Sale and distribution of electronic cigarettes and vaping products.
A. Definitions. The following words and phrases, whenever used in this chapter, shall
have the meanings defined in this section unless the context clearly requires otherwise:
"Distribute" or "distribution" means the transfer, by any person other than a com-
mon carrier, of an electronic cigarette or vaping project at any point from the place
of manufacture or thereafter to the person who sells the electronic cigarette or
vaping product to an individual for personal consumption, including, but not limited
to, such transfers by licensed tobacco retailers, excluding online transactions.
"Electronic cigarette" and "vaping product" shall mean: 1) any product intended for
human consumption by inhalation regardless of nicotine content, whether for one-
time use or reusable, that relies on vaporization or aerosolization, including, but
not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic
pipes, electronic vaping product delivery pens, hookah pens, and any other similar
devices that rely on vaporization or aerosolization; and 2) any component, part, or
accessory of a product or device defined in 1 above, including flavored vape juices
and liquids used in such devices, even if sold separately. "Electronic cigarette" and
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ORDINANCE NO.
PAGE 3
"vaping product" does not include any product that has been approved by the
federal Food and Drug Administration either as a tobacco use cessation product or
for other medical purposes and which is being marketed and sold or prescribed
solely for the approved purpose.
"New tobacco product" shall have the meaning set forth in 21 U.S.C. § 387j(a)(1),
as may be amended from time to time.
"Sell," "sale," and "to sell" mean any transaction where, for any consideration,
ownership of an electronic cigarette or vaping product is transferred from one
person to another, including, but not limited to, any transfer of title or possession
for consideration, exchange, or barter, in any manner or by any means, including,
but not limited to, such transactions by licensed tobacco retailers, excluding online
transactions.
In addition, "person" and "tobacco retailer" shall have the meanings defined in
Arroyo Grande Municipal Code Section 8.38.020.
B. Sale of electronic cigarettes and vaping products prohibited. No person shall sell or
distribute an electronic cigarette or vaping product in retail establishments, excluding
online, including all non-flavored and flavored vaping products, including mint and
menthol, to a person in the City of Arroyo Grande.
C. Violations. Persons violating any provisions of this section shall be deemed guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed
one thousand ($1,000) dollars or by imprisonment in the county jail for a period not to
exceed six months or by both such fine and imprisonment. Any violations of these
provisions shall constitute a separate offense for each and every day during which such
violation is committed or continued. In addition to any other penalty authorized by law,
violations by licensed tobacco retailers shall also be subject to suspension or revocation
of their license in accordance with the provisions of AGMC Section 8.38.110.
SECTION 5. Savings Clause. Neither the adoption of this Ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the prosecution for vi olations
of ordinances, which violations were committed prior to the effective date hereof, nor be
construed as a waiver of any penalty or the penal provisions applicable to any violation
thereof.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance and each section,
subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7 . Effective Date . This Ordinance shall take effect and be in full force
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ORDINANCE NO.
PAGE 4
and operation thirty (30) days after its final passage and adoption.
SECTION 8 . City Clerk’s Certification. The City Clerk shall certify to the adoption
of this Ordinance and cause the same to be posted at the duly designated posting
places within the City and published once within fifteen (15) days after passage and
adoption as required by law; or, in the alternative, the City Clerk may cause to be
published a summary of this Ordinance and post a certified copy of the text of this
Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption
of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall
cause to be published the aforementioned summary and shall post a certified copy
of this Ordinance, together with the vote for and against the same, in the Office of
the City Clerk.
On motion by Council Member , seconded by Council Member , and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of , 2025
Page 47 of 211
ORDINANCE NO.
PAGE 5
_________________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
________________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
________________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 48 of 211