Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Health Tobacco Policy topic
No spam. Unsubscribe anytime.
Council directs staff to draft local tobacco retail licensing ordinance after split on costs and enforcement
Summary
Staff presented a comparative analysis of tobacco retail licensing in neighboring cities; councilors questioned enforcement costs and whether local licensing adds powers beyond state rules and generally directed staff to draft a model ordinance and fee study for further review.
City staff presented a comparative analysis of tobacco retail licensing (TRL) ordinances used by neighboring cities and recommended the council provide direction on next steps.
Tom Ingalls, the city's fire marshal and supervisor of code compliance, summarized research into Adelanto, Colton and Hesperia and statewide programs. He said local policies typically require an additional license and local inspection program and that Hesperia's approach appeared more robust than its neighbors. Ingalls noted local authorities could use licensing to deny permits when a retailer was not a good fit for the community and that some jurisdictions exempted hookah bars or cigar lounges.
On enforcement costs, Ingalls said a set of three sting operations to test compliance would cost the city about $10,000. "To do 3 operations... we're looking at a rough cost of $10,000," he said. Staff also told the council it is conducting a fee study intended to set a license fee that covers administrative and enforcement costs and could make the program cost-neutral.
Council members split on whether a local TRL would add enforceable powers beyond existing state rules and on whether the licensing program would be effective without sufficient enforcement. "It kinda reminds me of performative bureaucracy," Council member Dr. Rigsby said, arguing fees without teeth could duplicate state law. Mayor Duper and others cited Anaheim's ordinance as an example in which local licensing provided a specific tool for investigators to inspect and address related illegal activity (in Anaheim's case, illegal gambling operated in the back of some retailers).
After debate, the council did not vote on an ordinance but broadly directed staff to draft a model ordinance and municipal code, complete the ongoing fee study and return with detailed enforcement and cost estimates so the council can consider a formal ordinance and potential fees at a later meeting.
