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City staff asks council for guidance on tobacco retail license transfers near youth facilities

3028656 · April 17, 2025
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Summary

Staff reviewed Chapter 7.57 and presented options for how the city should treat transfers of tobacco retail licenses located within 1,000 feet of youth‑oriented facilities. Council provided initial feedback and asked for more time to consider options including allowing transfers for vehicle service stations or modifying distance rules.

HILLIARD, Ohio — City staff on April 14 asked the Hilliard City Council for direction on how to apply Chapter 7.57 of the codified ordinances, a tobacco retail licensing (TRL) code that prohibits new TRLs within 1,000 feet of youth‑oriented facilities and bars transfers where the new owner would be within that distance.

A staff member told council the city entered an agreement with Franklin County Public Health to administer TRLs and conduct compliance checks. When Chapter 7.57 was adopted in 2022, existing retailers within 1,000 feet of a youth‑oriented facility were grandfathered in; the ordinance also prohibited transfers to new owners who would be within the buffer.

Staff presented several policy options and asked council for feedback rather than immediate action. Those options included: take no change; allow transfers if the transaction is arm’s‑length and the new owner notifies the city; permit transfers so long as the land use remains the same (for example, a gas station continues to operate as a gas station); or create a targeted exception for vehicle service stations. Staff also noted the city could reduce the distance requirement but cautioned that many existing locations would still fall within smaller buffers.

Council members asked about enforcement and compliance. A staff member said Franklin County Public Health performs at least two compliance checks a year and is handling an appeal and compliance issue tied to one location alleged to be in violation of Ohio’s indoor smoking law. The city’s prosecutor and youth‑diversion practitioner were invited into the discussion; the prosecutor noted national and state trends show vaping declined after education campaigns but that new nicotine products (for example, nicotine pouches) are emerging and the issue is evolving.

Council did not adopt a policy change at the meeting. Councilmember Peggy Hale said she preferred the option that would allow transfers for gas stations (vehicle service stations) only. Staff asked council to provide feedback and offered to return with more detailed options and materials.

Why it matters: The way the city treats transfers affects whether new owners can continue selling tobacco products at existing retail locations when ownership changes, which in turn can affect neighborhood retail viability and access to tobacco products near schools, parks and other youth facilities.

Next steps: Staff will provide additional information and return with a recommended ordinance amendment if council wishes to pursue a change.