Title
Health and Human Services Agency (HHSA) and Environmental Management Department (EMD) recommending the Board:
1) Provide conceptual approval, pursuant to Board Policy A-3, to amend Ordinance 5211, to regulate tobacco retailers, authorizing staff to return to the Board with a presentation that outlines recommendations to address tobacco retailer transferability and possibly other minor revisions; and
2) Provide direction to staff on any other amendments to Ordinance 5211 or Ordinance 5210, adding tobacco retailer land use regulations, and the Tobacco Retail License Program and implementation, if necessary.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND:
In 2022, a parent's concern about youth exposure to tobacco prompted the Board to engage with the Tobacco Use Prevention Program (TUPP). At the same time, the 2022 National Youth Tobacco Survey revealed a youth vaping epidemic, with over 2.5 million middle and high school students using e-cigarettes and 46% of high school users vaping almost daily. In response, a town hall meeting was held on November 2, 2022, at Herbert Green Middle School, where community concerns about the location of tobacco retailers near youth-centered areas were raised. These discussions helped shape the development of Ordinance 5210 and Ordinance 5211, as part of a broader strategy to reduce youth access to tobacco products.
Prior to the passage of Ordinance 5211, HHSA conducted outreach to help guide the development of the Ordinance. On October 22, 2024, the Board approved Ordinance 5210, to add tobacco retailer land use regulations, and on November 5, 2024, the Board approved Ordinance 5211, establishing a Tobacco Retail License (TRL) Ordinance to regulate tobacco retailers throughout the unincorporated areas of El Dorado County. The ordinances took effect 30 days after passage, with enforcement set to begin on April 1, 2025 (Legistar file 24-1371).
Since this ordinance's passage, HHSA staff have performed outreach to community tobacco retailers to make them aware of the upcoming regulations and to garner feedback. The primary feedback from retailers was revising the TRL ordinance to include a transferability clause for applicable tobacco retailers in “good standing” with all regulatory agencies. Staff have prepared Attachment B to outline to timeline of the development of the tobacco retail regulations, including when and what outreach has been conducted to retailers.
Board Policy A-3 Ordinance - New or Amended, states that proposals for ordinance amendments shall first be presented to the Board for conceptual review and authorization to prepare the draft ordinance amendment. To comply with the Board Policy, staff have not drafted any ordinance amendment language, prior to this item being heard.
HHSA and EMD recommend that the Board provide direction to return to the Board with a presentation to review potential amendments to Ordinance 5211 and/or Ordinance 5210, based on feedback from constituents and the Board.
ALTERNATIVES:
If the Board decides not to proceed with revisions, Ordinances 5210 and 5211 will remain unchanged.
PRIOR BOARD ACTION:
1) 12/05/23, 23-1992, HHSA/Planning and Building, Resolution of Intention to Amend
Zoning Code (Title 130)
2) 01/30/24, 24-0022, HHSA/Planning and Building Urgency Ordinance, Tobacco Retailer Businesses
3) 03/12/24, 24-0083, HHSA/P&B - TUPP Urgency Ordinance
4) 10/22/24, 24-1371 (V.1), HHSA/Planning/EMD - Tobacco Zoning & Tobacco Retail
License Ordinances
5) 11/05/24, 24-1371 (V.2), HHSA/Planning/EMD - Tobacco Zoning & Tobacco Retail
License Ordinances
OTHER DEPARTMENT / AGENCY INVOLVEMENT:
N/A
CAO RECOMMENDATION:
Approve as recommended.
FINANCIAL IMPACT:
There is no financial impact associated with obtaining conceptual approval to amend the ordinance.
CLERK OF THE BOARD FOLLOW UP ACTIONS:
N/A
STRATEGIC PLAN COMPONENT:
N/A
CONTACT:
Olivia Byron-Cooper, MPH, Director, Health and Human Services Agency
Jeffrey Warren, REHS, Director, Environmental Management Department
Kyle Fliflet, Deputy Director, Public Health Division