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Overview of Tobacco Retailer License Program
The local licensing system for tobacco retailers is indented to achieve the following goals:
A “tobacco retailer” is any person or business that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof.
As proposed, the ordinance will prohibit these business types from opening in El Cerrito:
The ordinance establishes new separation requirements between tobacco retailers and schools, parks, recreation facilities and other tobacco retailers:
- Ensure responsible, legal sales of tobacco related products.
- Ensure that minors are not encouraged to use tobacco.
- Fund a local enforcement program for compliance monitoring
- Close gaps in Federal and State laws that do not yet address electronic cigarettes or electronic nicotine delivery systems and other products marketed to youth
TOBACCO RETAILER LICENSE REQUIRED:
The ordinance requires every tobacco retailer to have a city tobacco retailer license. The annual license fee is intended to cover the actual costs for the City to conduct compliance checks and enforcement operations, issue annual license and administer the program overall.A “tobacco retailer” is any person or business that sells tobacco, tobacco products, electronic smoking devices, smoking paraphernalia, or any combination thereof.
BUSINESS STANDARDS:
Based on best practices and other input, the proposed ordinance includes the following business standards:- Prohibit sale of flavored non-cigarette tobacco products, including cigars, cigarillos, smokeless tobacco, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, blunts, electronic smoking devices and the nicotine solutions used in these devices, or any other preparation of tobacco that is flavored.
- Prohibit sale of single cigars, small-pack cigars (Exception: single cigars priced over $5 each)
- Prohibit self-service displays of tobacco products
- Prohibit employees younger than the Minimum Legal Sale Age (MLSA) from engaging in the sales transaction of tobacco products
- Prohibit distribution of tobacco samples & coupons
PROHIBITED STORE TYPES
:As proposed, the ordinance will prohibit these business types from opening in El Cerrito:
- Cigar Lounge
- Hookah Lounge
- Vape Shop
- Any store where tobacco consumption or use of electronic smoking device occurs
- New Tobacco Retailer with more than 20% of display area devoted to tobacco products &/or smoking paraphernalia or 50% or more of gross sales receipts are derived from tobacco products or smoking paraphernalia ( aka a “Significant Tobacco Retail Establishment”)
SEPARATION REQUIREMENTS:
Research shows that children are more likely to experiment with tobacco products when tobacco retailers are located near schools. Restricting tobacco sales around schools or other areas frequented by youth can help reduce youth initiation. Another typical separation requirement is limiting proximity of tobacco retailers to one another in order to prevent a concentration of tobacco retailers in an area. A high density of tobacco retailers has been associated with increased smoking rates, particularly among youth.The ordinance establishes new separation requirements between tobacco retailers and schools, parks, recreation facilities and other tobacco retailers:
- Schools – 500 foot buffer
- Parks – 500 foot buffer (excluding the Ohlone Greenway)
- Schools – 500 foot buffer
- Parks – 500 foot buffer (excluding the Ohlone Greenway)
- Recreation facilities – 500 foot buffer
- Other tobacco retailers – 1,000 foot buffer