Concord ready to OK new restrictions on tobacco sales
CONCORD, CA (June 7, 2023) — The City Council will consider an amended tobacco retailer licensing ordinance at the June 13 meeting, adding restrictions intended to reduce tobacco smoking among the city’s younger residents.
Council members approved proposed amendments to the ordinance on May 16 session. If finalized, the changes would:
- Prohibit sales of flavored tobacco products.
- Bar the sale of any tobacco vaporizer or e-cigarettes.
- Eliminate use of coupons and discounts for tobacco products.
- Set minimum prices and packaging sizes for tobacco items.
- Exempt premium cigars from the restrictions.
- Permit the city’s two hookah lounges to continue operating.
The ordinance would go into effect 30 days after approval. After the effective date, a 90-day delay takes effect before city code enforcement officials would begin on-site inspections.
Enforcement
Enforcement would take the form of citations for violations, with the dollar value of the fines increasing each time. If a retailer has repeated failures to comply, the store would face loss of its tobacco sales license – effectively closing down its tobacco operation.
In presenting proposed changes to the council, Assistant City Manager Justin Ezell said that changes would affect 87 tobacco retailers in the city. Forty-five large and small markets, 31 gas stations, nine smoke shops and two hookah lounges currently sell tobacco in Concord.
Proponents of increasing restrictions advised the council that the existing state statute prohibiting sales to minors doesn’t work. Package sizing and minimum pricing restrictions are intended to limit sales by making it difficult for a typical cash-strapped minor to pay for the products.
The Oo Lounge and Sheesh Lounge will be allowed to continue to sell flavored tobacco products on their age-controlled premises but will no longer be allowed to sell products for customers to take with them. The recommended exception was based on hookah being a long-established cultural practice in various ethnic communities.
A minimum price of $5 is proposed for individual “premium” cigars. Council members noted that minors do not typically purchase these products. The proposal limiting cigarillos, smaller cigars used by minors, to packs of 10 with a minimum price of $10. It does not permit flavored tobacco products.
Opposing the restrictions
According to City Clerk Joelle Fockler, 30 speakers appeared in person or by Zoom on May 16. Multiple tobacco retailers stated that the city should defer proposed restrictions on local sellers to permit the state restrictions to take full effect. They also said that restrictions on legitimate sellers would push buyers into the black market. They argued that underage people had ready access to tobacco products already through Internet and social media sources.
Staff presented the council with a proposed enforcement schedule of 12 retail visits each quarter, a total of 48 per year. Council members pushed for an every outlet, every year schedule. However, they deferred acting on that after managers advised them that the city could not accomplish this within the existing city budget.
Norm Hallquist
Norm Hallquist earned his bachelor's degree in journalism from Cal. He has returned to his first love following interim careers as a U.S. Navy officer and as a workers' compensation lawyer. He lives in Concord.