Council rekindles tobacco ordinance

Would retail licensing program stamp out underage smoking?|

Smoke ‘em if you got ‘em, Sonoma residents – because tobacco products may be a bit harder to come by in the near future if the Sonoma City Council has its way.

The Council on Monday wafted through ideas for the possible establishment of a tobacco retailer’s licensing program which, among other things, would limit the number of Sonoma retailers who sell tobacco products to 16, with the long-term goal of lowering the number of licenses – and hence tobacco retailers – even further.

The embers of the licensing-program proposal were first stoked last year when the American Lung Association issued its 2014 State of Tobacco Control report card. The City of Sonoma received an overall F grade from the anti-tobacco group, failing to impress in such categories as reducing tobacco sales, smoke-free outdoor air and smoke-free housing.

City officials at that time began discussing a licensing program – which have been known to lower underage smoking rates – but the council decided to delay discussion until 2015, when new members of the council were seated.

At the Feb. 2 council meeting, Deputy City Attorney Valerie Pistole presented details of the initial draft ordinance. Among the issues presented to the council for consideration were:

• Grandfathering the city’s 16 existing tobacco retailers into the licensing program, and prohibiting the transfer of the license upon sale of their business – and, as businesses come and go over the years, lowing the maximum number of tobacco retailers through attrition

• Prohibiting any new tobacco retailers within the city limits.

• Setting an annual $246 licensing fee to pay for a youth-decoy sting operation to better establish compliance.

• Banning the sale of flavored tobacco.

About a half dozen residents spoke out in support of the licensing program.

Sonoma resident Elizabeth Emerson said communities that have established such programs have seen positive results.

“Over 100 communities in California have enacted similar ordinances,” said Emerson. “The youth purchase rate went from 46 percent to 5 percent when licensing took place in Marin.”

Henry Mathis, a former smoker, said what is decided in these city council sessions “can help save Valley lives.”

“I fell victim to Joe Camel and the Marlboro Man (at age 13) – they’ve got to get you early,” Mathis said.

While council members had differences of opinion about the ultimate goal of such an ordinance – and how much city government should play a role in curbing smoking – they agreed that the primary focus would ostensibly be on stamping out the sale of tobacco products to youth under 18.

According to a study issued last November by the Centers for Disease Control and Prevention, nearly 23 percent of U.S. high school students currently use a tobacco product. While underage smoking numbers have dropped in recent years, the progress has been slowed by the popularity of electronic cigarettes – nicotine-infused devices that create a vapor from a liquid solution that comes in a variety of kid-friendly flavors like bubble gum, ice cream and chocolate.

To that end, the council directed staff to include e-cigarettes under its definition of “tobacco product” and to require a minimum pack size for retailers – a move to curb youth purchases of single cigarettes.

Beyond that, however, the council struggled to find a consensus on some of the “hazier” elements of the ordinance – such as whether a ban on flavored tobacco would include cigars, most of which, Mayor David Cook pointed out, are flavored.

“I don’t want to wake up (the day after the ordinance passes) and find out we banned cigars in Sonoma,” said Cook.

Cook also said he was wary of whether the details of the proposed ordinance would step beyond curbing underage smoking and wind up “targeting people 40 or 50” and hurting businesses that have enjoyed longstanding sales of tobacco.

“When it comes to businesses that sell cigarettes,” said Cook, “are we allowing them to continue with their business model?”

Councilmembers also briefly debated raising the smoking age in the city from 18 to 21 and whether to restrict tobacco marketing signage – but ultimately sent many of the issues back to the city staff for further study.

Councilwoman Madolyn Agrimonti lamented the complexities of such an ordinance.

“If we were discussing Cheetos, this would over in 20 minutes,” she said. “I’m an expert on that.”

UPDATED: Please read and follow our commenting policy:
  • This is a family newspaper, please use a kind and respectful tone.
  • No profanity, hate speech or personal attacks. No off-topic remarks.
  • No disinformation about current events.
  • We will remove any comments — or commenters — that do not follow this commenting policy.