Bill to restrict smoke shops near schools, ban nitrous oxide sales at such shops advances to health committee
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Summary
Sen. Menjivar's SB 13 14 would distinguish smoke shops in state law, create a default 600-foot buffer from schools and day cares, and ban the sale of nitrous oxide ("whippets") at those shops; local officials, prosecutors and cities' associations supported the bill and the committee passed it to the health committee.
Senator Menjivar presented SB 13 14 to create a statewide definition for smoke shops, require a default 600-foot buffer from schools and day-care centers, prohibit the sale of nitrous oxide at those shops and authorize regulators to tighten operational rules. "This accessibility to minors due to their close proximity to youth sensitive centers is incredibly alarming," she said, outlining a rise in sales to minors and illicit product availability.
Ivy Fitzpatrick, chief deputy district attorney for Riverside County, testified for the California District Attorneys Association that smoke shops often sell nicotine devices and related paraphernalia and that a specific licensing and buffer standard would strengthen enforcement and reduce youth access. Caroline Grinder of the League of California Cities said roughly 100 municipalities already use local distance limits and that a 600-foot statewide floor would provide uniform protection while preserving local authority to do more.
Committee members asked about grandfathering existing shops, resources for local enforcement, and whether penalties would fund enforcement grants. The author acknowledged ongoing drafting work on renewals and grandfathering and said civil penalties would go into the existing Stop Tobacco Access to Kids Enforcement (STAKE) fund overseen by CDPH. Senator Becker praised the bill's intent and indicated support pending clarification of enforcement and grandfathering language.
The committee passed SB 13 14 to the Committee on Health with recorded support in the roll call. The author committed to address detail questions before the next hearing.
