Jessica Cejnar Andrews / Tuesday, April 4, 2023 @ 1:51 p.m. / Health, Local Government
Crescent City Councilors Say They're More Amenable to Tobacco Retail License, But Don't Want to Phase Out Sales Entirely
Photo: Ecig Click, via Wikimedia Commons. Creative Commons License.
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Previously:
• DNHS Principal Says She Has Allowed Drug-Sniffing Dogs On Campus to Curb Student Vaping Problem
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Crescent City councilors were more inclined to approve a tobacco retail license ordinance that, for the most part, mirrors the county’s regulations.
But instead of phasing out the sale of vape devices, cigarettes and similar products within their jurisdiction entirely, councilors on Monday favored an ordinance that will eventually limit the number of stores to the state average — two for every 2,500 people.
“I can’t stand cigarettes,” Mayor Isaiah Wright said. “I think we need to definitely lower the amount (of tobacco retailers), but I think if California gets to the point where they’re just going to get rid of it altogether and all these cities are doing this, then our number that we’re allowed will be so low it won’t really matter.”
At 10 tobacco retailers, Crescent City currently has more than double the state average, according to City Attorney Martha Rice.
Councilor Jason Greenough, who said on March 20 that he supports free markets and opposed a tobacco retail license, was absent.
At the council’s request, Rice drafted an ordinance that mirrors regulations for tobacco sales the Del Norte County Board of Supervisors approved last August. Those regulations prohibits tobacco sales in a store that contains a pharmacy, limits the number of retail licenses to retailers that were in business as of July 1, 2022 and prohibits that license’s transfer between locations or individuals.
The county also prohibits advertising tobacco products within 500 feet of schools, playgrounds, daycare facilities, community centers or public libraries. Tobacco products also can’t be advertised within 5 feet of candy, snacks or non-alcoholic beverage displays. Rice said she also added toys to that list.
As of 2015, Crescent City requires tobacco retailers to obtain a conditional use permit. One retailer, the Smoke Shop, has a conditional use permit, Rice said.
Retailers must have a city business license and a state tobacco retail license. Violating the ordinance could result in a fine and automatic revocation of their license. The retailer could reapply for that license in 60 days, Rice said.
If the city council approved the draft ordinance as written, the number of stores able to sell tobacco within city limits would dwindle to eight. Rice pointed out that Safeway and Rite Aid would be unable to sell those products since they both contain pharmacies.
“Over time (the ordinance) will reduce the number of tobacco retailers in that the licenses are not transferable,” Rice told Councilors. “So if a current tobacco retailer goes out of business, that license will, sort of, be gone forever. So you go from eight to seven (businesses). No future licenses will be issued.”
The potential of phasing out tobacco sales within city limits through attrition didn’t sit well with one business owner. Sabina Renner, owner of C. Renner Petroleum and RNS Fuels, said while she sells tobacco products, she keeps advertising to a minimum because she “definitely doesn’t want to target kids.”
However, Renner said she was concerned that tobacco retail licenses weren’t able to be transferred or sold to another business.
“That’s a selling point for any business,” she told Councilors. “I’m not a big business, but when they were going to take out the flavored tobacco I was all for that. I was all for everybody doing the same thing in Del Norte County.”
Councilor Raymond Altman said he’d like to make sure the tobacco retail licenses were transferable, arguing that phasing out the sale entirely doesn’t seem supportive of local businesses.
“It almost seems like you’re favoring the last man standing,” he said. “You’re almost giving higher profit margins on tobacco to those few that are left that are the only ones who get to sell it anymore. It’s almost like favoritism in a way.”
Altman’s newest colleague, councilor Kelly Schellong, said she’d love to see tobacco be totally unavailable in Crescent City.
“It’s one of the No. 1 preventable cases of death is to stop smoking and over 20,000 children start smoking every year in the State of California,” she said. “That’s a dire emergency to me and if we can limit the availability, hopefully more people will stop smoking and hopefully the adults in our community will be better role models to our children.”
Mayor pro tem Blake Inscore said he appreciated Renner’s input and urged more local business owners to chime in. Inscore said he anticipates future councilors making “course corrections” to the tobacco retail regulations. He said he had a more “holistic view” of a tobacco retail license ordinance when it comes to economic health.
“I believe there is a strong argument and data to prove that when you make health-based policies there will be an economic benefit down the road,” he said. “Such as dealing with the homeless issue. If you provide the opportunity to take people off the street and into shelter, then the number of visits to the ER go down. There’s all kinds of ways to look at making a health-based approach policy decision that ultimately has an economic benefit to your community.”
Inscore did ask Rice to include in the ordinance that if the number of Crescent City’s tobacco retailers would be limited to the state average that the inmate population at Pelican Bay State Prison not be included in that average. Inscore pointed out that Pelican Bay’s population is often included with Crescent City’s official census.
The city council’s renewed tobacco retail license discussion comes after California voters upheld a state law in November banning the sale of flavored tobacco products including e-cigarettes.
On Monday, those supporting a license included Del Norte High School Principal Alison Eckart. On March 27, Eckart told the Outpost that she has allowed drug-sniffing dogs from the prison onto campus to search for vapes and other illicit items her students may have.
“If we shrink the supply we will do a great good service to our students,” Eckart told councilors Monday.
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