FAMILY & HUMAN SERVICES COMMITTEE
Meeting Date: June 24, 2024
Subject: Annual Updates on the Tobacco Retail License and Secondhand Smoke Ordinances
Submitted For: Dr. Grant Colfax, Director of Health Services
Department: Health Services
Referral No: 112 & 82
Referral Name: Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment & Secondhand Smoke Ordinance
Presenter: Dr. Sefanit Mekuria, MD, MPH; and Mayra Lopez
Contact: Jason Chan, (925) 655-2050
Referral History:
FHS Referral No. 112 - Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment
The Board of Supervisors approved two tobacco control ordinances in July 2017 to protect youth from tobacco influences in the retail environment: a zoning ordinance and a tobacco retailer licensing ordinance. Of particular concern were the marketing and availability of youth-friendly flavored tobacco products, small pack sizes of cigars and cigarillos, and density and location of tobacco retailers, since these contribute largely to youth exposure to tobacco influences and tobacco use.
The tobacco retailer licensing ordinance required extensive preparation for implementation, and tobacco retailers were required to be compliant with the new provisions by January 1, 2018. Health Services Department Public Health staff provided a report to the Board of Supervisors in March 2018 on preliminary implementation efforts.
In November 2019, the Board of Supervisors adopted Ordinance 2019-34 (Sale of Electronic Smoking Devices and E-Liquids Prohibited) which increased the protections for youth from tobacco influences in the retail environment. Ordinance 2019-34 was a necessary response to an epidemic rise in youth vaping where young people were vulnerable to tobacco addiction as well as concerns related to E-cigarette/Vaping Associated Lung Injury (EVALI). The ordinance also expanded the restrictions on the sale of flavored tobacco in all areas of the unincorporated areas of the County, rather than just within 1,000 feet of youth-sensitive areas.
At the October 29, 2020 Family and Human Services Committee (FHS) meeting, Public Health staff reported on the implementation of the newly adopted Ordinance 2019-34, including information on strategies to continue tobacco retailer licensing and businesses zoning ordinance implementation activities despite the challenges presented by the COVID-19 pandemic.
At the February 28, 2022, FHS Committee meeting, Public Health staff were directed to include in the next report, an update on SB793/Prop 31, which is the statewide flavored tobacco ban and to provide updates on enforcement of the tobacco control laws.
At the December 13, 2022, the Board of Supervisors meeting, Public Health staff were directed to provide recommendations on cannabis youth education campaigns and/or programs.
On January 10, 2023, Ordinance No. 2023-03 was adopted allowing the sale and delivery of non-flavored cannabis vaping products. Contra Costa Health staff were directed to consult with stakeholders to develop a proposed program designed to raise awareness about the dangers of youth cannabis vaping and curtail the illegal market and return to the Board of Supervisors with a recommended program (continued from December 13, 2022).
On February 23, 2023, the Family and Human Services (FHS) Committee accepted the annual report on the Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment, including program and funding recommendations for cannabis education; and directing staff to forward the reports to the Board of Supervisors for their information as recommended by the Health Department and Public Health Officer. Contra Costa Health staff presented four cannabis education, outreach, and support programs. FHS approved the reports and department recommendations moving forward to the full Board for further discussion. Additionally, Health Staff were encouraged to identifying funding sources for recommended programs.
At the June 27, 2023 Board of Supervisors meeting, the Board accepted the report and adopted the recommendations presented at February’s FHS meeting and directed staff to provide a future report to FHS and the Board on FY 23/24 revenues and expenditures.
FHS Referral No. 82 - Secondhand Smoke Ordinance
At the November 13, 2017 Family and Human Services Committee meeting, Public Health presented its annual report on the implementation of the County’s Secondhand Smoke Ordinance with a recommendation that the Committee consider a proposed ordinance to strengthen the current smoking protections to prohibit smoking inside dwelling units of multi-unit housing, including condos and townhomes. The Committee accepted the report and recommendations, requested that language be added to extend smoking restrictions to guest rooms of hotels and motels, and directed staff to forward those recommendations to the Board of Supervisors for discussion and approval.
The ordinance, titled Smoke-free Multi Unit Residences, was adopted by the Board of Supervisors on March 13, 2018 with implementation to begin for new and renewing leases on July 1, 2018, and for continuing leases and owner-occupied units on July 1, 2019. At the request of the Board of Supervisors, Contra Costa Public Health staff provided reports in March 2018 on preliminary implementation of the ordinances. A follow up report was later presented to the FHS in October of 2018, at which the FHS asked Public Health staff to send a letter to each City Manager inviting them to model their own city ordinances after the County's ordinance.
At the October 29, 2020 FHS meeting, Public Health staff reported on the implementation of the Secondhand Smoke Protections Ordinance. The report included updates on the implementation of the Multi-Unit Housing Ordinance, compliance challenges and the technical assistance provided to cities within Contra Costa County.
At the February 28, 2022, FHS meeting, Public Health staff reported on the implementation of the Secondhand Smoke Protections Ordinance. The report included updates on the implementation of the Multi-Unit Housing Ordinance, compliance challenges and the technical assistance provided to cities within Contra Costa County.
On February 23, 2023, the FHS Committee accepted the annual report on the Secondhand Smoke Protections ordinance and directed staff to forward the reports to the Board of Supervisors for their information as recommended by the Health Department and Public Health Officer.
At the June 27, 2023 Board of Supervisors meeting, the Board accepted the annual report.
Referral Update:
Please see the attached reports and presentation materials for updates on the implementation of Tobacco Retail Licensing Ordinance No. 2019-34 and Secondhand Smoke Protections Ordinance No. 2018-07.
Recommendation(s)/Next Step(s):
ACCEPT the annual reports from the Health Services Department's Public Health Division with updates on the implementation of the Tobacco Retail Licensing and Secondhand Smoke Protections ordinances, and DIRECT staff to forward the reports to the Board of Supervisors for their information.
ACCEPT the following recommendations from the Health Services Department's Tobacco Prevention Program (TPP) staff, and DIRECT staff to forward the recommendations for Board of Supervisors consideration:
- Present a revised Tobacco Retail License ordinance code, including any necessary updates to align with statutory updates and bolster the licensing, application, and enforcement sections. TPP requests that the TRL ordinance be updated with evidence based best practice recommendations that include no discounts or coupon redemptions to deter youth purchase of tobacco products.
- Review the current Tobacco Retail License and inspection fee and return with proposed fee increases to recover the reasonable regulatory costs of the administration, implementation, investigation, and enforcement of this program.
- TPP requests that the Tobacco Retail License ordinance be updated with evidence-based best practice recommendations that include the definition of characterizing flavor to include sensation products and the definition of nicotine.
- TPP requests that the Tobacco Retail License ordinance be updated with evidence-based best practice recommendations that include increasing the minimum pack size requirements from 10 to 20 little cigars/cigarillos and setting a minimum floor price per pack to deter youth purchase of tobacco products.
- TPP requests that the Tobacco Retail License ordinance be updated with evidence-based best practice recommendations that include prohibiting the use of discounts or coupon redemptions to deter youth purchase of tobacco products.
- TPP requests that the Tobacco Retail License ordinance be updated with evidence-based best practice recommendations that include an anti purchase, use, and possession (PUP) clause to prevent criminalization of youth purchase, use, and possession of tobacco products.
Fiscal Impact (if any):
There is no fiscal impact for this action.