The purpose of this chapter is to discourage violations of tobacco-related
laws, particularly those which prohibit or discourage the sale or
distribution of tobacco products and tobacco paraphernalia to minors
by requiring all tobacco retailers to obtain city permits.
(Ord. 01-17 § 1; Ord. 09-20 § 3)
A.
Each
year four hundred thousand Americans die prematurely from tobacco
related illnesses. Tobacco use has been linked to cancer, emphysema,
heart disease and a variety of other life threatening problems.
B.
These
health problems create a burden for local communities and more specifically
for the city of West Sacramento. In addition to the health care costs
for these diseases, there is the lost human and economic contribution
of each individual who suffers from the preventable effects of tobacco
use.
C.
The
1994 National Household Survey on Drug Abuse showed that ninety percent
of tobacco users start well before the age of eighteen, the average
child smoker started at age thirteen, while the average age for smokeless
tobacco initiation is nine years. According to the California State
Department of Health Services Tobacco Control System, while adult
tobacco use has been declining, the use by youth has been rising.
D.
All
fifty states, and the District of Columbia, prohibit the sale of tobacco
products to minors. California State Penal Code Sections 308(a) and
308(b) prohibit the sale of tobacco products and paraphernalia to
minors and possession of tobacco by a minor, yet over twenty-nine
million packs of cigarettes are sold to California children annually.
E.
The
Synar Amendment to the 1992 Alcohol, Drug Abuse and Mental Health
Reorganization Act requires that states reduce sales of cigarettes
to minors to below twenty percent by the year 2000 or lose federal
drug and alcohol funding.
F.
California's
rate of sales of cigarettes to minors is still twenty-one percent.
Studies show that over forty percent of grade school students who
smoked daily have shoplifted cigarettes, at some time, from self service
displays and that sales to minors drop by between forty percent and
eighty percent after enactment ordinances requiring vendor-assisted
sales of tobacco products.
G.
Similar
legislation in other counties and cities in California have reduced
youth access to tobacco products without negatively affecting businesses.
H.
From
2013 to 2015, an estimated fifteen percent of ninth and eleventh grade
students in California reported using electronic smoking devices.
(California Department of Public Health California Tobacco Control
Program. California Tobacco Facts and Figures 2016. Sacramento, CA:
California Department of Public Health. 2016.)
I.
Nine
and three-tenths percent of high school students in California reported
buying their own electronic cigarette from a store. (Kann L, McManus
T, Harris WA, et al. Youth Risk Behavior Surveillance—United
States, 2017; Centers for Disease Control and Prevention. Youth Risk
Behavior Surveillance—United States, 2017. Supplementary Tables
52-93.)
J.
In 2016,
an estimated eighty-two percent of tobacco retailers in California
sold flavored non-cigarette tobacco products, over ninety percent
of tobacco retailers sold menthol cigarettes, and eight out of ten
tobacco retailers near schools sold flavored non-cigarette tobacco
products. (California Department of Public Health California Tobacco
Control Program. 2016 Healthy Stores for a Healthy Community Survey
Results—all counties. 2016.)
K.
Mentholated
and flavored products have been shown to be "starter"
products for youth who begin using tobacco and these products help
establish tobacco habits that can lead to long-term addiction. (U.S.
Department of Health and Human Services. Preventing Tobacco Use Among
Youth and Young Adults: A Report of the Surgeon General. Atlanta,
GA: U.S. Department of Health and Human Services, Centers for Disease
Control and Prevention, National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health. 2012; Hersey JC,
Ng SW, Nonnemaker JM, et al. Are menthol cigarettes a starter product
for youth? Nicotine Tob Res. 2006; Wackowski O, Delnevo CD. Menthol
cigarettes and indicators of tobacco dependence among adolescents.
Addict Behav. 2007; Oliver AJ, Jensen JA, Vogel RI, Anderson AJ, Hatsukami
DK. Flavored and nonflavored smokeless tobacco products: rate, pattern
of use, and effects. Nicotine Tob Res. 2013.)
L.
Between
2004 and 2014, use of non-menthol cigarettes decreased among all populations,
but overall use of menthol cigarettes increased among young adults
(eighteen to twenty-five years of age) and adults (over twenty-six
years of age). (Villanti AC, Mowery PD, Delnevo CD, Niaura RS, Abrams
DB, Giovino GA. Changes in the prevalence and correlates of menthol
cigarette use in the USA, 2004-2014. Tob Control. 2016.)
M.
Unlike
cigarette use that has steadily declined among youth, the prevalence
of the use of non-cigarette tobacco products has remained statistically
unchanged and, in some cases, increased among youth. (U.S. Department
of Health and Human Services. Preventing Tobacco Use Among Youth and
Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
National Center for Chronic Disease Prevention and Health Promotion,
Office on Smoking and Health. 2012; Johnston LD, O'Malley PM,
Bachman JG, Schulenberg JE, Miech RA. Monitoring the Future national
survey results on drug use, 1975–2013: Volume I, Secondary school
students. Ann Arbor, MI: Institute for Social Research, The University
of Michigan. 2014; Harrell PT, Naqvi SMH, Plunk AD, Ji M, Martins
SS. Patterns of youth tobacco and polytobacco usage: The shift to
alternative tobacco products. Am J Drug Alcohol Abuse. 2017; Substance
Abuse and Mental Health Services Administration. Results from the
2010 National Survey on Drug Use and Health: Summary of National Findings.
Rockville, MD: Substance Abuse and Mental Health Services Administration.
2011; Wang TW, Gentzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal
A. Tobacco Product Use Among Middle and High School Students—United
States, 2011-2017; Cobb C, Ward KD, Maziak W, Shihadeh AL, Eissenberg
T. Waterpipe Tobacco Smoking: An Emerging Health Crisis in the United
States. American Journal of Health Behavior. 2010.)
N.
Flavored
tobacco has significant public health implications for youth and people
of color as a result of targeted industry marketing strategies and
product manipulation. (United States v. Philip Morris USA,
Inc., 449 F. Supp. 2d 1 (D.D.C. 2006); U.S. Department
of Health and Human Services. Preventing Tobacco Use Among Youth and
Young Adults: A Report of the Surgeon General. Atlanta, GA: U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention,
National Center for Chronic Disease Prevention and Health Promotion,
Office on Smoking and Health. 2012; Yerger VB, Przewoznik J, Malone
RE. Racialized geography, corporate activity, and health disparities:
tobacco industry targeting of inner cities. J Health Care Poor Underserved.
2007; Kreslake JM, Wayne GF, Alpert HR, Koh HK, Connolly GN. Tobacco
industry control of menthol in cigarettes and targeting of adolescents
and young adults. Am J Public Health. 2008.)
O.
The
density and proximity of tobacco retailers influence smoking behaviors,
including the number of cigarettes smoked per day. (Chuang YC, Cubbin
C, Ahn D, Winkleby MA. Effects of neighborhood socioeconomic status
and convenience store concentration on individual level smoking. J
Epidemiol Community Health. 2005.)
P.
Adults
who smoke have a harder time quitting when density is higher. (Reitzel
LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density
and proximity on smoking cessation. Am J Public Health. 2011; Cantrell
J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR.
The impact of the tobacco retail outlet environment on adult cessation
and differences by neighborhood poverty. Addiction. 2015.)
Q.
Policies
to reduce tobacco retailer density have been shown to be effective
and may reduce or eliminate inequities in the location and distribution
of tobacco retailers. (Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell
S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco
Product Sales Near Schools. Nicotine Tob Res. 2017; Myers AE, Hall
MG, Isgett LF, Ribisl KM. A comparison of three policy approaches
for tobacco retailer reduction. Prev Med. 2015; Luke DA, Hammond RA,
Combs T, et al. Tobacco Town: Computational Modeling of Policy Options
to Reduce Tobacco Retailer Density. Am J Public Health. 2017.)
(Ord. 01-17 § 1; Ord. 20-1 § 2)
B.
All references to the term "unincorporated areas of the County of Yolo" in Title 6, Chapter 15 of the Yolo County Code shall be to the term "city limits." All references to the term "Yolo County Code" in Title 6, Chapter 15 of the Yolo County Code shall be to the "city of West Sacramento Municipal Code." The reference to the term "County of Yolo" in Section 6-15.15 (f) of the Yolo County Code shall be to the term "city." The reference to the term "board of supervisors of the county of Yolo" in Section 6-15.16 of the Yolo County Code shall be to the term "city council of the city of West Sacramento." All references to the term of "eighteen years of age" in Title 6, Chapter 15 of the Yolo County Code shall be to the term "twenty-one years of age."
(Ord. 20-1 § 2)
No retailer or vendor shall sell or permit to be sold cigarettes
or other tobacco products to an individual without requesting and
examining photographic identification establishing the purchaser's
age as twenty-one years or greater, unless the vendor or employee
has a reasonable basis in fact to know the buyer is over the age of
twenty-one.
(Ord. 01-17 § 1; Ord. 20-1 § 3)
No person, business, tobacco retailer, or other establishment
in the city of West Sacramento shall sell or offer for sale cigarettes
or other tobacco products not in the original packaging provided by
the manufacturer and with all required health warnings. This section
shall not apply to cigars dispensed from bulk packaging.
(Ord. 01-17 § 1)
Any person, business, tobacco retailer, or other establishment
in the city of West Sacramento, which sells tobacco products, shall
post plainly visible signs at the point of purchase of tobacco products,
which comply with California State Business and Professions Code Section
22952 (STAKE Act). All letters of said sign shall be at least one-half
inch high or larger.
(Ord. 01-17 § 1)
If any portion of this chapter or the application thereof to
any person or circumstances is held invalid, the invalidity, shall
not affect the other provisions or applications of this chapter which
can be given effect without the invalid provision or application,
and to this end the provisions of this chapter are severable.
(Ord. 01-17 § 1)
No retailer or vendor shall sell or permit to be sold tobacco
paraphernalia to an individual without requesting and examining photographic
identification establishing the purchaser's age as twenty-one
years or greater, unless the vendor or employee has reasonable grounds
for believing, based upon appearance, that the buyer is over the age
of thirty.
(Ord. 09-20 § 5; Ord. 12-9 § 4; Ord. 12-10 § 3; Ord. 20-1 § 3)
It is unlawful for any person to act as a tobacco retailer without
first obtaining and maintaining a valid tobacco retailer permit pursuant
to this section for each location at which tobacco products or paraphernalia
are sold. A tobacco retailer without a valid permit shall not sell
any tobacco products or tobacco paraphernalia. Until a tobacco retailer
obtains a valid permit, the tobacco retailer shall also not display
any advertisement relating to tobacco products or tobacco paraphernalia
and all tobacco products and tobacco paraphernalia must remain out
of public view.
A.
No permit
may be issued to any tobacco retailer other than a single, fixed location.
Tobacco permits are non-transferable to any location other than the
location to which the permit was issued and may not be transferred
from one person to another at that same location.
B.
The
term of a tobacco retailer permit is one year and becomes invalid
after the date of expiration. Subsequent to expiration, a renewal
request must be submitted in order to renew a permit.
(Ord. 09-20 § 5; Ord. 12-9 § 4; Ord. 12-10 § 3)
California case law, including Bravo Vending v. City
of Rancho Mirage (1993) 16 Cal.App.4th 383, has affirmed
the power of local jurisdictions, including general law cities, to
regulate business activity in order to discourage violations of the
law.
(Ord. 09-20 § 5; Ord. 12-9 § 4; Ord. 12-10 § 3; Ord. 20-1 § 2)
(Ord. 09-20 § 5; Ord. 12-9 § 4; Ord. 12-10 § 3)
The West Sacramento police department may request the assistance
of the director of Yolo County health department shall engage in a
continuing program to explain and clarify the purpose and requirements
of this section to citizens and businesses affected by it, and to
guide owners, operators and managers in their compliance with it.
Such program may include publication of a brochure for affected businesses
and individuals explaining the provisions of this chapter.
(Ord. 09-20 § 5)
It is a violation of a permit for a permittee or his or her
agents or employees to sell or offer for sale any flavored tobacco
product. There is a rebuttable presumption that a tobacco product
is a flavored tobacco product if a manufacturer or its agents or employees
has made a public statement or claim that the tobacco product has
or produces a characterizing flavor, including, but not limited to,
text, color, or images on the product's labeling or packaging
that are used to expressly or impliedly communicate that a tobacco
product has a characterizing flavor.
(Ord. 20-1 § 2)
As of January 15th, 2020, no new tobacco permits will be issued
in the city of West Sacramento for a period of three years. This temporary
restriction shall automatically expire without any further action
by the city on January 15th, 2023.
(Ord. 20-1 § 2)
Tobacco permits which have already been issued prior to January 15th, 2020, ("Existing Permits") shall remain valid. Existing permits may be renewed subject to the requirements of this chapter., including Section 9.30.100. Existing or renewed existing permits are subject to the restrictions upon transfer set forth in this chapter, including those set forth in Section 9.30.100.
(Ord. 20-1 § 2)
