Lancaster council adopts ordinance restricting sale of energy drinks to under-18s with six-month sunset

The Lancaster City Council on an unanimous vote adopted Ordinance No. 1121 to prohibit the sale, distribution, giving away or offering of energy drinks to persons under the age of 18.

City staff described the ordinance as an age-based restriction intended to curb youth access to energy drinks. The version approved by council removed earlier language about proximity to schools and reduced the penalty from a misdemeanor to an infraction. Council members attached a six-month sunset clause to allow the city to assess impacts before making the restriction permanent.

City staff member Lisonbee Burns told the council the ordinance would make it unlawful to sell or provide defined energy drinks to anyone under 18. Burns also noted the city received correspondence from industry groups asking that the council continue the item so their representatives could participate.

Business advocacy groups urged the council to reject the restriction. Victor Reyes of the Valley Industry and Commerce Association said the proposal "sets a concerning precedent by treating energy drinks, which is a lawful product, as equivalent to tobacco and alcohol," and warned the rule would impose extra costs on small retailers. Diego Marano of BizFed said the ordinance would "impose unnecessary regulation" and could drive customers and revenue to neighboring cities.

A council member who identified herself only during the meeting as a parent urged caution about youth exposure to stimulants: "We're protecting a special demographic in my opinion. It's our children…If we care about an aircraft … why aren't we helping parents bring this information to them and ensure that our children, our most vulnerable population don't also consume these products." The council member framed the six-month trial as a way to balance concerns about children and impacts on business.

Mayor Parris provided procedural context at the vote, noting the ordinance includes a temporary review: "Just as a point of information there's a 6 month, sunset clause on this. We're gonna see what kind of impact it has, and then we'll reevaluate. But we took away the misdemeanor provision, made it an infraction." The council voted to adopt the ordinance unanimously.

The ordinance record includes at least two letters submitted by the American Beverage Association and the American Petroleum and Convenience Store Association asking for more time to comment; council members acknowledged those letters were included in the meeting record. The ordinance language adopted at the meeting removes the previously proposed proximity-to-schools restriction and changes enforcement from criminal misdemeanor to an administrative infraction. The council did not state any dollar penalties in the record at the meeting.

The council will revisit the ordinance after the six-month sunset period to evaluate effects on youth consumption and on local businesses.