CC 2019-11-26_10a Adopt Ordinance Banning Sale of E-Cigarettes and Possession
MEMORANDUM
TO: CITY COUNCIL
FROM: JAMES BERGMAN, CITY MANAGER
BEAU D. PRYOR, POLICE CHIEF
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING
THE SALE AND DISTRIBUTION OF ELECTRONIC CIGARETTES AND
VAPING PRODUCTS THAT REQUIRE, BUT HAVE NOT RECEIVED A
FOOD AND DRUG ADMINISTRATION ORDER APPROVING THEIR
MARKETING AND AN ORDINANCE PROHIBITING THE POSSESSION
OF ALL TOBACCO PRODUCTS AND PARAPHERNALIA BY PERSONS
UNDER TWENTY-ONE
DATE: NOVEMBER 26, 2019
SUMMARY OF ACTION:
Adoption of an ordinance prohibiting the sale and distribution of electronic cigarettes and
vaping products and an ordinance prohibiting the possession of all tobacco products and
paraphernalia by persons under twenty-one.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The fiscal impacts associated with this agenda item include the cost in legal services to
prepare the report and ordinances and the cost of prosecuting violators over the age of
eighteen. The new ordinances would also require Police Department resources to enforce
the new regulations. In addition, there would be a fiscal impact to retailers of electronic
cigarettes and vaping products that do business within the City of Arroyo Grande.
RECOMMENDATION:
It is recommended that the Council adopt an ordinance prohibiting the sale and
distribution of electronic cigarettes and vaping products and an ordinance prohibiting the
possession of all tobacco products and paraphernalia by persons under twenty-one.
BACKGROUND:
At the November 12, 2019 City Council meeting, the Council introduced an ordinance
prohibiting all retail sales of electronic cigarette products and paraphernalia that have not
received premarket review by the Federal Drug Administration (“FDA”). Prior to
introduction, the Ordinance was modified to change the effective date from six months
after its passage to three months after its passage, and to exclude internet sales. The
Council also introduced an ordinance prohibiting the possession of all tobacco products
and paraphernalia by persons under twenty-one.
Item 10.a. - Page 1
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING THE SALE AND
DISTRIBUTION OF ELECTRONIC CIGARETTES AND VAPING PRODUCTS THAT REQUIRE,
BUT HAVE NOT RECEIVED A FOOD AND DRUG ADMINISTRATION ORDER APPROVING
THEIR MARKETING AND AN ORDINANCE PROHIBITING THE POSSESSION OF ALL
TOBACCO PRODUCTS AND PARAPHERNALIA BY PERSONS UNDER TWENTY-ONE
NOVEMBER 26, 2019
PAGE 2
ANALYSIS OF ISSUES:
The Ordinances are now ready for adoption. The Ordinance prohibiting the sale and
distribution of electronic cigarettes and vaping products that require, but have not
received a food and drug administration order approving their marketing, will take effect
three months after its passage. This will give retailers an opportunity to sell their existing
stock. The Ordinance prohibiting the possession of all tobacco products and
paraphernalia by persons under twenty-one will take effective thirty days after its
passage.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the Ordinance prohibiting the sale and distribution of all electronic
cigarettes and vaping products until they are approved by the FDA; and /or
2. Adopt an Ordinance prohibiting the possession of all tobacco products and
paraphernalia by persons under twenty-one; or
3. Modify and reintroduce either of the Ordinances; or
4. Provide other direction to staff.
ADVANTAGES:
A prohibition on the sale and distribution of electronic cigarettes and vaping products that
have not received premarket review by the FDA within the City of Arroyo Grande will
contribute towards a reduction in access to electronic cigarette products, which have been
deemed dangerous to the public health. A prohibition on possession of tobacco products
and paraphernalia by persons under twenty-one will create a deterrent to persons under
twenty-one to possess such products and will provide law enforcement with another tool
to use to prevent persons under twenty-one from possessing tobacco products and
paraphernalia.
DISADVANTAGES:
A prohibition on the retail sale of electronic cigarettes and vaping products and a
prohibition on the possession of tobacco products and paraphernalia by persons under
twenty-one could expose the City to a referendum or legal challenge.
ENVIRONMENTAL REVIEW:
The proposed ordinance is exempt from the environmental review requirements of the
California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of Title
14 of the California Code of Regulations because it can be seen with certainty that there
is no possibility that the activity in questions may have a significant effect on the
environment.
Item 10.a. - Page 2
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE PROHIBITING THE SALE AND
DISTRIBUTION OF ELECTRONIC CIGARETTES AND VAPING PRODUCTS THAT REQUIRE,
BUT HAVE NOT RECEIVED A FOOD AND DRUG ADMINISTRATION ORDER APPROVING
THEIR MARKETING AND AN ORDINANCE PROHIBITING THE POSSESSION OF ALL
TOBACCO PRODUCTS AND PARAPHERNALIA BY PERSONS UNDER TWENTY-ONE
NOVEMBER 26, 2019
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
Since introduction of the Ordinance on November 12, 2019, two letters have been
received prior to this agenda report being published (Attachment 1). A summary of the
Ordinances were published in The Tribune on Wednesday, November 20, 2019, pursuant
to State law. The Agenda was posted at City Hall and on the City’s website in accordance
with Government Code Section 54954.2.
ATTACHMENT:
1. Correspondence from SLO County Teen Task Force and County of San Luis
Obispo Health Commission
Item 10.a. - Page 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CHAPTER 8.36 OF THE
ARROYO GRANDE MUNICIPAL CODE TO PROHIBIT THE
SALE AND DISTRIBUTION TO ANY PERSON IN ARROYO
GRANDE ELECTRONIC CIGARETTES AND VAPING
PRODUCTS THAT REQUIRE, BUT HAVE NOT RECEIVED,
A FOOD AND DRUG ADMINISTRATION ORDER
APPROVING THEIR MARKETING
WHEREAS, based upon its concerns about use of tobacco products, the City Council of
the City of Arroyo Grande has previously adopted Arroyo Grande Municipal Code
Chapters 8.36 – Tobacco Products and Chapter 8.38 – Licensing of Tobacco Retailers;
and
WHEREAS, the federal government has enacted numerous tobacco related laws that
include, but are not limited to the Family Smoking Prevention and Tobacco Control Act
(“Tobacco Control Act”), enacted in 2009, that prohibited candy and fruit-flavored
cigarettes, largely because these flavored products are marketed to youth and young
adults, and younger smokers were more likely than older smokers to have tried these
products. Among other things, the Tobacco Control Act authorized the U.S. Food and
Drug Administration ("FDA") to set national standards governing the manufacture of
tobacco products, to limit levels of harmful components in tobacco products and to require
manufacturers to disclose information and research relating to the products' health
effects; and
WHEREAS, a central requirement of the Tobacco Control Act is premarket review of all
new tobacco products. Specifically, every "New Tobacco Product" which is defined by
federal law to be any tobacco product not on the market in the United States as of
February 15, 2007, must be authorized by the FDA for sale in the United States before it
may enter the marketplace; and
WHEREAS, a New Tobacco Product may not be marketed until the FDA has found that
the product is: (1) appropriate for the protection of the public health upon review of a
premarket tobacco application; (2) substantially equivalent to a grandfathered product; or
(3) exempt from substantial equivalence requirements; and
WHEREAS, in determining whether the marketing of a tobacco product is appropriate for
the protection of the public health, the FDA must consider the risks and benefits of the
product to the population as a whole, including users and nonusers of the product, and
taking into account the increased or decreased likelihood that existing users of tobacco
products will stop using tobacco products and the increased or decreased likelihood that
those who do not use tobacco products will start using them. Where there is a lack of
showing that permitting the sale of a tobacco product would be appropriate for the
protection of the public health, the Tobacco Control Act requires that the FDA deny an
application for premarket review; and
Item 10.a. - Page 4
ORDINANCE NO.
PAGE 2
WHEREAS, it has been reported that nearly all electronic cigarettes and vaping products
that are sold today entered the market after 2007, but have not been reviewed by the
FDA to determine if they are appropriate for the public health; and
WHEREAS, in 2017, the FDA issued guidance that purports to give electronic cigarette
manufacturers until August 8, 2022 to submit their application for premarket review. That
guidance further purports to allow unapproved products to stay on the market indefinitely,
until such time as the FDA complies with its statutory duty to conduct a premarket review
to determine whether a new tobacco product poses a risk to public health. In March 2019,
the FDA issued draft guidance in which it considered moving the premarket application
deadline up by one year for certain flavored electronic cigarette products. It is not known
when, if ever, this narrow adjustment will become final or will take effect; and
WHEREAS, on July 11, 2019, the United States District Court for the District of Maryland
in the case American Academy of Pediatrics v. FDA issued a ruling to advance the
submission deadlines for premarket review of certain tobacco products, including
electronic cigarettes. As a function of that ruling, the deadline for applications for FDA
premarket review of electronic cigarettes would have been shortened to May 11, 2020.
However, on October 24, 2019, the Justice Department appealed the Judge’s decision to
shorten the product approval deadline, thus creating greater uncertainty as to when such
review will occur; and
WHEREAS, even based on the 2017 FDA guidance, by the time electronic cigarette
manufacturers will be required to submit their pre-market review applications, electronic
cigarettes will have been on the market for nearly fifteen years without any FDA analysis
of their safety and alleged benefit. Recent reports of illness and death caused by
unregulated vaping devices is a public health crisis. In response, the City and County of
San Francisco, the City of Richmond and the City of Livermore have passed Ordinances
that prohibit the sale of any electronic cigarette or vaping device that has not received an
order from the FDA approving their marketing. The State of Massachusetts has also
enacted emergency legislation to ban the sale of all vaping products for four months in
response to this public health emergency; and
WHEREAS, the City of Arroyo Grande is also not content to wait and do nothing given
the health issues associated with unregulated electronic cigarettes and vaping devices
and therefore desires to adopt an ordinance that will prohibit the sale of all electronic
cigarettes and vaping devices until such devices are approved by the FDA and deemed
safe.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2. Section 8.36.050 is hereby added to Chapter 8.36 of Title 8 of the Arroyo
Grande Municipal Code, to read in its entirety as follows:
Item 10.a. - Page 5
ORDINANCE NO.
PAGE 3
Section 8.36.050 – Sale and Distribution of Electronic Cigarettes and Vaping
Products that Require, But Have Not Received, a Food and Drug Administration
Order Approving Their Marketing.
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
common 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, . or throughexcluding 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
“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 or through
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.
1. No person shall sell or distribute an electronic cigarette or vaping product in
retail establishments, excluding online, and through any other means, including
all non-flavored and flavored vaping products, including mint and menthol, to a
person in the City of Arroyo Grande where the electronic cigarette or vaping
product is:
a. is a New Tobacco Product; Item 10.a. - Page 6
ORDINANCE NO.
PAGE 4
b. requires premarket review under 21 U.S.C. § 387j, as may be amended
from time to time; and
c. 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.
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 3. This ordinance is exempt from CEQA pursuant to CEQA Guidelines
Section15061 (b)(3) which is the general rule that CEQA applies only to projects that have
the potential for causing a significant effect on the environment and CEQA does not apply
where it can be seen with certainty that there is no possibility that the activity may have a
significant effect on the environment.
SECTION 4. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 5. This Ordinance shall take effect and be in full force and effect sixthree
months after its passage.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a 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 passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
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 26th day of November, 2019.
Item 10.a. - Page 7
ORDINANCE NO.
PAGE 5
___________________________________
CARON RAY RUSSOM, MAYOR
ATTEST:
_____________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
_____________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
_____________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 10.a. - Page 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADDING SECTION 8.36.060 TO
CHAPTER 8.36 OF TITLE 8 OF THE ARROYO GRANDE
MUNICIPAL CODE RELATING TO POSSESSION OF
TOBACCO PRODUCTS BY PERSONS UNDER TWENTY-
ONE
WHEREAS, the City Council of the City of Arroyo Grande (“City”) may, by ordinance,
adopt rules and regulations for the preservation of the public health, safety and welfare;
and
WHEREAS, 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
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation
through predatory targeting, 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 18, the odds are three -to -one he never will. By age 24, the odds are twenty -
to -one";
The tobacco industry spends an estimated $ 620 million annually to market
Tobacco products to California residents; and
WHEREAS 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
WHEREAS, despite the State's efforts to limit youth access to tobacco, youth are still able
to access tobacco products, as evidenced by the following:
Over 67% of current and former adult smokers in California started by the age of
18 and almost 100% started by the age of 26;
From 2013 to 2015, approximately 15% of 9th and 11th grade students in
California reported using electronic smoking devices;
In 2017, 22.8% of high school students in California had tried cigarette smoking;
and
Item 10.a. - Page 9
ORDINANCE NO.
PAGE 2
WHEREAS, the State of California, in 2016, repealed a law making possession of
Tobacco products by persons under the legal smoking age illegal; and
WHEREAS, California Business and Professions Code Section 22964 expressly
authorizes local jurisdictions to adopt stricter standards than the State with respect to the
legal age to purchase or possess tobacco products; and
WHEREAS, the City believes that prohibiting the possession of tobacco products and
electronic smoking devises by persons under the age of twenty-one will discourage such
persons from using tobacco products including electronic cigarettes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Section 8.36.060 is hereby added to Chapter 8.36 of Title 8 of the Arroyo
Grande Municipal Code, to read in its entirety as follows:
8.36.060 – Possession of tobacco products by persons under twenty-one.
No person under the age of twenty-one (21) shall purchase, receive, or possess
any tobacco product as that term is defined in Section 8.38.020 of Chapter 8.38, which
includes electronic smoking devices. Any person, upon conviction of this section, shall
pay a fine of seventy-five dollars ($75) or perform thirty (30) hours of community service
work.
SECTION 3. A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text
of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen
(15) days after adoption of the Ordinance, the summary with the names of those City
Council members voting for and against the Ordinance shall be published again, and the
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 4. This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a 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 passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
Item 10.a. - Page 10
ORDINANCE NO.
PAGE 3
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 26th day of November, 2019.
Item 10.a. - Page 11
ORDINANCE NO.
PAGE 4
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 10.a. - Page 12
Item 10.a. - Page 13
From:
To:
Subject:
Date:
Attachments:
Respectfully,
Caren Ray Russom
Kelly Wetmore
FW: The Pro posed E-Ogarette Ord inance
Wednesday, November 20, 2019 3:08 :56 PM
TTF AG Vaping Letter 112019.pdf
Caren Ray Russom
Mayor, City of Arroyo Grande
crayrussom@arroyogrande.org
Te l: 805-473-5400 I www.arroyoarande.org
300 E. Branch St I Arroyo Grande I CA I 93420
From: Dan ij ela Dorn an [ ddornan@caps lo.org ]
Sent: Wednesday, Novembe r 20, 2019 12:53 PM
To: Ca ren Ray Russom; Kri sten Barne ich; Jimmy Pa ulding; Keith Storton; La n Geo rge
Cc: Jim Bergma n; Becca Carsel
Subject: The Pro posed E-Cigarette Ordinance
Dear Coun ci l Members:
ATTACHMENT 1
Attached is a letter from the San Luis Obispo County Teen Task Force regardi ng t he
City's proposed e-ci garette ordinance and info r mation about youth possession laws.
We app r eciate you r co nsideration of our co ncerns about the o r dinance and we hope
you will consider e liminating the youth possession law wh i le adding mor e effective
and equ itable ways to protect ch ild r en from these addictive devices.
Si nce rely,
Da nij ela Dornan, Co-Chai r
Danijela Dornan -Division Coordinator
P: (805) 544-4355 x480 I F: (805) 549-8388
Pronouns: She/Her/Hers Learn More I www.capslo .org I facebook.com/capslo
This transmission is confidential and intended solely for the person or organi:ation to whom it is addressed. It may contain privileged and confidential infonnation. If
you are not the intended recipient, you should not copy, distribute or take any action in reliance on it. If you have received this transmission in error, please notify me
immediately l1y email or call (805) 544-4355.
Item 10.a. - Page 14
San Luis Obispo County Teen Task Force
Becca Carsel and Danijela Dornan Co-Chairs
becca@carselgroup.com, ddornan@capslo.org
(805) 674-0776
November 20, 2019
Arroyo Grande City Council
215 E Branch Street
Arroyo Grande, CA 93420
Dear Councilmembers:
We are writing regarding the recent news that the Arroyo Grande City Council will consider final
approval of an e-cigarette ordinance at the November 26 City Council meeting. The San Luis Obispo
County Teen Task Force is a coalition of organizations that serve the youth population of our county.
Participating agencies include local non-profits, government agencies, and school districts. The Task
Force exists to expand supports for teens and advocate for policies that enhance their well-being and
allow them to successfully transition to adulthood.
We applaud the Arroyo Grande City Council's interest in curbing the vaping epidemic among children
and support the ban one-cigarette products in the proposed ordinance, as reducing access to these
products is a proven method to reduce youth smoking.
We are, however, very concerned about the inclusion in the proposed ordinance of a law that fines
youth for possession of tobacco products. Research has shown that these laws are ineffective and serve
to cover up the fact that smoking is addictive and is being promoted to children by a billion-dollar, legal
industry. Criminalizing the behavior prevents young people from getting the help they need and
encourages them to hide their addiction, while absolving the adults of responsibility for the situation.
Youth possession laws are also inherently inequitable. One example of this is the penalty itself. While a
$75 fine is very little to a child whose family has money, to a low-income child this can be an
insurmountable cost. Setting the equivalent hours of community service at 30 hours values that low-
income young person's labor at $2.50 per hour, which is unconscionable. Another example is that low-
income youth are less likely to have private space for smoking and so are more likely to be seen in public
and cited than their wealthier counterparts. A third example is that when a young person with high-
functioning parents has a contact with law enforcement, the parents provide guidance to the child in
navigating the system, ensuring that the fine is paid or community service attended. But a young person
with low-functioning parents, or with immigrant parents who are not familiar with or are afraid of the
legal system, has no support. These children are usually from low-income families and can get caught in
the system, with escalating penalties because they do not know how to navigate the system or are not
able to -they may lack the transportation or money to resolve the citation.
While youth possession laws have fallen out of favor due to their ineffectiveness, there are several best
practices to reduce youth smoking. These include tobacco retailer licensing policies with compliance
checks, limits on advertising, minimum pricing and pack size, and restriction on flavored tobacco
Item 10.a. - Page 15
products. Cessation resources are also needed, as young people find themselves addicted to these
products and are unable to quit on their own.
We respectfully urge the Council to reconsider the adoption of a youth possession law and to instead
broaden the proposed e-cigarette ordinance to include other best practices known to protect young
people from the predatory practices of the tobacco industry. We are happy to provide further
information on best practices and model policies.
Sincerely,
Becca Carsel
Co-Chair
Danijela Dornan
Co-Chair
Item 10.a. - Page 16
From:
Sent:
To:
Keith Storton
Thursday, November 21, 2019 3:13 PM
Jessica Matson
Subject: Fwd: Letter of Support to the City of Arroyo Grande for a proposed update to your
Smoking Ordinance -County of San Luis Obispo Health Commission
Attachments: image002.png; ATT0000l.htm; Letter of Support -City of Arroyo Grande -Signed.pdf;
A TT00002.htm
FYI. ..
~Keith~
Begin forwarded message:
From: Michael Coughlin <mcoughlin@co.slo.ca.us>
Date: November 21, 2019 at 1:34:02 PM PST
To: Caren Ray Russom <crayrussom@arroyogrande.org>, Kristen Barneich
<kbarneich@arroyogrande.org>, Jimmy Paulding <jpaulding@arroyogrande.org>, Keith Storton
<kstorton@arroyogrande.org>, Lan George <lgeorge@arroyogrande.org>
Cc: Mary Jean Sage <mjsage@thesageassociates.com>
Subject: Letter of Support to the City of Arroyo Grande for a proposed update to your Smoking
Ordinance -County of San Luis Obispo Health Commission
Good Afternoon,
The County of San Luis Obispo Heath Commission would like to offer you our support for your efforts in
updating your smoking ordinance. Please review the attached letter of support which was unanimously
approved at the last Health Commission meeting, held on Monday, November 18, 2019.
The Health Commission is a public committee which was formed to serve as an advisory board to the
County Board of Supervisors and the Public Health Department. Please use the following link for more
information about the Health Commission: https://www.slocounty.ca.gov /De partments/Health-
Age ncy/Public-Health /AII-Public-Health-Services /Health-Commission.as px
Please also feel free to contact me with any questions you may have,
Thank you,
Michael J, Coughlin
Administrative Services Officer II
(p) 805-781-1563
(f) 805-781-5543
mcou ghlin @co.slo.ca.us
1
Item 10.a. - Page 17
November 18 , 2019
City of Arroyo Grande
COUNTY OF SAN LUIS OBiSPO
HEAL TH COMMISSION
Caren Ray Russom, Mayor -crayrussom@arroyogrande .org
Kristen Barneich, Mayor Pro Tern -kbarneich@arroyogrande.org
Jimmy Paulding, Council Member -ipaulding@arroyogrande .org
Keith Storton, Council Member-kstorton@arroyogrande .org
Lan George, Council Member -lgeorge@arroyogrande.org
Dear Mayor and Council Members:
Commission Members:
Mary Jean Sage, Chair
Jean Raymond, Vice Chair
JinahByram
Robert Campbell
Tamar Sekayan
Susan Warren
Candace Winstead
Catherine Shipp
Amy Kleinman
Ginger Cochran
On behalf of the San Luis Obispo County Health Commission, we applaud and support your efforts in
taking the initiative to consider and create an update to your smoking ordinance for the City of Arroyo
Grande. The Health Commission consists of 11 volunteer appointees who are residents of San Luis
Obispo County, of which six are consumer representatives, three are direct providers (physicians,
nurses, dentists), and two are indirect providers (medical office managers and hospital administrators).
The Commission advises the County Board of Supervisors and the Public Health Department on health
matters in the county. This includes the current critical importance of addressing smoking, the use of
flavored tobacco products, and the epidemic of teen vaping in our communities . As a Commission, we
have heard directly from county agencies, local nonprofits and those who work with our teens on how
vaping has affected our county and have been following the public's concern closely.
It is honorable that you care for the health and safety of your commun ity. The passing of a new or
updated ordinance will have a direct impact on the youth of your community and spare a lifetime of
addiction. We commend you for acknowledging the detrimental harm tobacco has on lives and for
taking the necessary steps in eliminating the sale of electronic cigarettes, paraphernalia and flavored
products in your community.
We do have some concern, however, about your desire to bring forth a separate ordinance with a
change to your Municipal Code that would change youth smoking and would penalize tobacco
possession, use and purchase (PUP). We are concerned you will be disappointed with results of this
type of legislation. The Health Commission concurs with the California Department of Education in their
non-support of PUP Laws; they are costly, and they don't work. Here are reasons the Health
Commission does not support PUP legislation, in accordance with national findings:
• Youth under age twenty-one who buy tobacco products often struggle with nicotine addiction.
Fines and punishment can discourage this vulnerable population from getting help.
County of San Luis Obispo Health Commission I c/o Public Health Department
2191 Johnson Avenue I San Luis Obispo, CA 93401 I (P) 805-781-5500 I (F) 805 -781-1048
Item 10.a. - Page 18
• Smoking and vaping are addictive, and quitting is hard. Effective, evidenced-based cessation
programs are more likely to stop youth from using tobacco than fines and suspension from
school.
• Laws that fine or penalize under-age youth who buy e-cigarettes and other tobacco products
have not proven to be effective. Prevention experts support regulating the sale -not the
purchase -of tobacco.
• The burden of complying with laws that ban the sale of e-cigarettes and tobacco to people
under age twenty-one lies with retailers and not with youth.
• Penalizing students who purchase, use, or possess tobacco takes the focus off retailers who
illegally sell tobacco products to youth under age twenty-one.
• Fining youth one at a time when caught in possession of these products takes a more punitive
approach and does not address prevention; focusing instead on closely monitoring retailers can
potentially curb retailers from selling to a broad number of underage clientele.
• Tobacco companies support laws that penalize young people for buying and possessing tobacco
because this type of enforcement shifts blame away from predatory marketing practices that
target youth.
• To prevent young people from becoming addicted to tobacco, the American Cancer Society
Cancer Action Network encourages local enforcement agencies to focus on licensing
requirements such as conducting annual unannounced compliance checks at stores and
suspending the licenses of retailers who sell to under-age youth.
We support the view of our SLO County Tobacco Control Coalition that it is more beneficial to focus on
retailers who illegally sell tobacco products to youth.
The Public Health Law Center-https://www.publichealthlawcenter.org-has detailed and timely
information about Commercial Tobacco Use in Schools. Our SLO County Public Health Tobacco Control
Program can also be helpful to you when considering tobacco/smoking ordinance implementation.
Please feel free to call upon them if you need further information to support your efforts.
Again, our thanks for your efforts thus far and we look forward to seeing Arroyo Grande join the growing
number of communities in our county that are helping address this epidemic of teen vaping.
Mary Jean Sage, Chairperson
SLO County Health Commission