City Council Minutes 2019 12 17 - Laserfiche WebLink

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City Council Meeting Minutes December 17, 2019 Page 4 of 10 PRODUCTS, INCLUDING ELECTRONIC SMOKING DEVICES, TO PERSONS UNDER THE AGE OF TWENTY-ONE - 2ND READING, PUBLIC HEARING (advertised Daily Camera 12/8/19) Mayor Stolzmann introduced the item and opened the public hearing. Deputy City Manager Davis stated that in November Council directed staff to draft an ordinance to prohibit the sale of tobacco including vaping products to people under 21. She reviewed statistics showing Colorado's high rate of vaping, particularly among teens. She noted the State legislature recently gave cities the authority to regulate the sale of cigarettes, tobacco products, or nicotine products to minors. There is the ability for municipalities to enact licensing and fees and still collect the cigarette tax revenue they currently do. With voter approval, municipalities can impose a local tax, but then lose the apportioned state cigarette tax revenues. Counties can also impose a tax if voter approved. A flavor ban can also be imposed at the local level. This ordinance only covers the age restrictions on sales to those 21 or older. Tobacco is defined to include any product made or derived from tobacco or nicotine intended to be consumed whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested, such as cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff or snus, any electronic smoking device, and any tobacco paraphemalia. It requires a retailer to display a sign indicating it is illegal to sell tobacco to those under 21. Staff recommends approval of the ordinance as written. Mayor Pro Tem Maloney asked if the legislature is looking at raising the age state-wide. Deputy City Manager Davis stated there is some discussion this might happen, but this ordinance would go into effect sooner. It appears Congress may take action at the Federal level as well, but the ordinance will address this sooner. Public Comment Ann Folgam, Thornton Resident, stated she is the owner of Elite Vapes in Thomton and Louisville. Have been here in town for four years. She stated she supports the ordinance and the 21 year age limit. Brittany Carpenter, Boulder County Public Health (BCPH), stated they support this ordinance as increasing the sales age will have a positive impact on health in the community. Youth are using these products at high rates, either cigarettes or vaping. Early initiation is highly predictive of adult behavior. BCPH encourages licensing and enforcement. Licensing establishes accountability. BCPH is looking at options for the entire County and want consistent rules across the County. MOTION: Mayor Pro Tem Maloney moved to approve Ordinance No. 1786, Series 2019; seconded by Councilmember Lipton.