Tiburon council introduces ordinance to ban tobacco and nicotine sales, deletes narrow exemption
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Summary
Council voted to introduce an ordinance amending Chapter 28 of the Tiburon Municipal Code to prohibit the sale of all tobacco products and electronic smoking devices; council also approved removing a provision that would have excepted retail tobacco stores from certain smoke-free definitions.
The Tiburon Town Council voted on Oct. 15 to introduce by title an ordinance amending Tiburon Municipal Code Chapter 28 to prohibit the sale of tobacco and nicotine products within town limits. The council approved introducing the ordinance by title and waiving further readings; the ordinance was scheduled for adoption at the council's next regular meeting.
Mayor Holly Thier moved to introduce the ordinance, which would prohibit the sale of commercial tobacco and nicotine products including electronic smoking devices, and called for adoption at a subsequent meeting. The motion included an amendment requested by the town attorney to delete section 28‑4(b)(5) — language that had excepted some retail tobacco stores from certain smoke‑free definitions — to avoid an unnecessary exemption. The council recorded a unanimous vote to introduce the ordinance.
Town Manager Greg and staff summarized the town's existing tobacco regulations: Tiburon already regulates smoking and vaping in many public spaces, enforces a ban on flavored tobacco since 2020, prohibits tobacco sales in pharmacies except for FDA‑approved cessation products (nicotine patches, gum), and defines smoking to include e‑cigarettes and vaping devices. Staff noted Tiburon currently has no retail tobacco vendors, which makes the town uniquely positioned to adopt a sales ban without immediate local economic dislocation.
Representatives of the Marin County youth advocacy committee presented data showing elevated vaping and cigarette use among Marin County 11th graders compared with statewide averages (youth vaping in Marin at about double statewide rates per the California Healthy Kids Survey). The students and public‑health speakers, including the San Francisco Marin Medical Society president‑elect, urged the council to adopt a sales ban to limit youth access and denormalize nicotine use. Medical and public‑health witnesses also noted environmental harms from tobacco waste and that many newer oral‑nicotine and flavored products are marketed to teens.
During council discussion, members asked the town attorney to confirm the ordinance exempts any FDA‑authorized nicotine‑cessation products; the town attorney said the ordinance language would not prohibit FDA‑authorized cessation devices if and when they are approved for that purpose. The council also discussed prior local actions such as the 2020 flavored‑tobacco ban and neighboring jurisdictions' approaches.
The motion to introduce the ordinance passed unanimously. The council’s introductory vote does not itself adopt the ordinance; adoption was scheduled for the next regular meeting when the council will take a final vote.
