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Council directs staff to explore county tobacco-retail permit partnership and asks clarifying questions on definitions and enforcement
Summary
Council authorized staff to pursue joining Santa Clara County's tobacco retail permit program to prohibit flavored tobacco and e-cigarette sales, asked county clarifying questions about age-verification language and product definitions, and approved outreach; motion passed 6–1.
The City Council on May 27 instructed staff to pursue a partnership with Santa Clara County’s Tobacco Retail Permit (TRP) program to implement a local ordinance banning flavored tobacco products and, in effect, e-cigarette device sales citywide.
City Attorney John Logue and Captain Scott Nelson presented the proposal and explained that joining the county program requires Mountain View to adopt an ordinance substantially similar to the county’s regulations. The county ordinance (first adopted in 2016 and updated since) prohibits sales of electronic cigarettes (e-cigarettes), flavored tobacco products, self-service displays, single-cigarette sales, and other features; it also provides a county-managed permitting process, enforcement assistance and educational materials.
Logue reviewed state law context, noting that California Senate Bill 793 (passed in 2020, implemented in 2023 after challenge and referendum) restricts sale of most flavored tobacco products at the state level, but does not by itself ban e-cigarette devices unless they are sold as flavored products. Several cities in Santa Clara County have adopted TRP ordinances or partnered with the county; staff recommended Mountain View adopt a substantially similar local ordinance and join the TRP for permitting, enforcement and outreach benefits.
Speakers from public health and advocacy urged the council to adopt the county model unchanged; Carol Baker of the Tobacco Free Coalition of Santa Clara County and Blythe Young of the American Heart Association both recommended Mountain View adopt the county ordinance. Youth coalition and public health representatives described teen use trends and urged strong local action.
Council members asked staff to seek county clarification on two points before final adoption in the fall: whether the county would accept restoring language requiring ID checks for anyone who “appears under 30” (the county removed that language in a 2022 amendment), and whether the county definition of "electronic cigarette" could be tightened to avoid unintentionally covering FDA-authorized cessation or other non-vape products. City Attorney Logue noted that Mountain View must adopt a substantially similar ordinance to participate in the county program, so staff will raise these questions with county partners and report back.
Council Member Hicks moved the recommendation and added direction to ask the county about reinstating the “appears under 30” verification language; the motion, seconded by Council Member Showalter, passed 6–1 with Council Member Ramedrez voting no. The council directed staff to perform proactive outreach with local retailers and to work with county staff on community education prior to final ordinance adoption later in 2025.
