Staff recommends first reading of the ordinance.

The topic of a tobacco retailers permit spans back years.  Most recently, at the August 17, 2022 City Council meeting, the City Manager presented five options for City Council to consider and give direction on:

1. Adopt the local county tobacco retail licensing ordinance;
   
   
2. Have City staff perform tobacco retailer checks and a youth decoy program;
   
   
3. Pilot the Kern Public Health Services Department program for one year from the City budget;
   
   
4. Partner with a local non-profit to provide education and outreach to all the retailers within the City that sell tobacco and vaping products; and
   
   
5. Take no action, seeing that the City already has a comprehensive tobacco ordinance that mirrors state law and the City can enforce against those who break state laws concerning the illegal use and sale of tobacco products.

After discussion, City Council sent this item back to the Safe and Healthy Neighborhoods Committee (“SHNC”) to further discuss the goals and concerns presented at the meeting.

At the March 2, 2023, SHNC meeting, after discussing the Blue Zones Tobacco Summit Recommendations, the Committee directed staff to present more information on the following: 1. Pass retail licensing and develop implementation and enforcement plans; 2. Consider point-of-sale policies to protect youth; and 3. Enforce the ban on the sale of flavored tobacco products.

At the May 4, 2023, SHNC meeting, in response to item number one, the City Attorney’s Office presented the Committee with California laws related to tobacco and two options for a Tobacco Retailer’s Permit Ordinance (“TRPO”).

Currently, California laws require a Tobacco Products Retailer’s License for all retailers, wholesalers, distributors, manufacturers, and importers of tobacco products, inclusive of e-cigarettes and vaping products. In addition, Penal Code Section 308 criminalizes the sale of illegal tobacco products and prohibits tobacco sales to persons under 21 years of age. And Health and Safety Code Section 104559.5(b)(1) makes it illegal to sell a flavored tobacco product or a tobacco product flavor enhancer.

The first option presented was to adopt Kern County’s TRPO and the second was to enact a City TRPO. The Committee unanimously moved to adopt Kern County’s TRPO and bring the matter to full City Council for first reading.

By adopting Kern County’s TRPO all duties related to the Tobacco Retailer’s Permit would be delegated to the Kern County Public Health Services. This includes the issuance of the permit, enforcement, compliance, and the collection and use of fees. The current application fee for a permit is $140 and annual renewal fees range from $265 to $790 depending on the number of past violations associated with a permit.