Agenda

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FAMILY AND HUMAN SERVICES COMMITTEE

Meeting Date:	02/28/2022
Subject: Tobacco Retail License and Secondhand Smoke Ordinance Updates
Submitted For:	Monica Nino, County Administrator
Department:	County Administrator
Referral No.:	112 & 82
Referral Name:	Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment & Secondhand Smoke Ordinance
Presenter:	Cedrita Claiborne, Community Wellness & Prevention Director	Contact:	Enid Mendoza, (925) 655-2051

Information

Referral History:

Referral No. 112 - Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment
The Board of Supervisors approved two tobacco control ordinances in July 2017 to protect youth from tobacco influences in the retail environment: a zoning ordinance and a tobacco retailer licensing ordinance. Of particular concern were the marketing and availability of youth-friendly flavored tobacco products, small pack sizes of cigars and cigarillos, and density and location of tobacco retailers, since these contribute largely to youth exposure to tobacco influences and tobacco use. The tobacco retailer licensing ordinance required extensive preparation for implementation, and tobacco retailers were required to be compliant with the new provisions by January 1, 2018.

Health Services Department Public Health staff provided a report to the Board of Supervisors in March 2018 on preliminary implementation efforts. In November 2019, the Board of Supervisors adopted Ordinance 2019-34 (Sale of Electronic Smoking Devices and E-Liquids Prohibited) which increased the protections for youth from tobacco influences in the retail environment. Ordinance 2019-34 was a necessary response to an epidemic rise in youth vaping where young people were vulnerable to tobacco addiction as well as concerns related to E-cigarette/Vaping Associated Lung Injury (EVALI). The ordinance also expanded the restrictions on the sale of flavored tobacco in all areas of the unincorporated areas of the County, rather than just within 1,000 feet of youth-sensitive areas.

At the October 29, 2020 Family and Human Services Committee (FHS) meeting, Public Health staff reported on the implementation of the newly adopted Ordinance 2019-34, including information on strategies to continue tobacco retailer licensing and businesses zoning ordinance implementation activities despite the challenges presented by the COVID-19 pandemic.

Referral No. 82 - Secondhand Smoke Ordinance
At the November 13, 2017 Family and Human Services Committee meeting, Public Health presented its annual report on the implementation of the County’s Secondhand Smoke ordinance with a recommendation that the Committee consider a proposed ordinance to strengthen the current smoking protections to prohibit smoking inside dwelling units of multi-unit housing, including condos and townhomes. The Committee accepted the report and recommendations, requested that language be added to extend smoking restrictions to guest rooms of hotels and motels, and directed staff to forward those recommendations to the Board of Supervisors for discussion and approval.

The ordinance, titled Smoke-free Multi Unit Residences, was adopted by the Board of Supervisors on March 13, 2018 with implementation to begin for new and renewing leases on July 1, 2018, and for continuing leases and owner-occupied units on July 1, 2019. At the request of the Board of Supervisors, Contra Costa Public Health staff provided reports in March 2018 on preliminary implementation of the ordinances. A follow up report was later presented to the FHS in October of 2018, at which the FHS asked Public Health staff to send a letter to each City Manager inviting them to model their own city ordinances after the County's ordinance.

At the October 29, 2020 FHS meeting, Public Health staff reported on the implementation of the Secondhand Smoke Protections Ordinance. The report included updates on the implementation of the Multi-Unit Housing Ordinance, compliance challenges and the technical assistance provided to cities within Contra Costa County.

Referral Update:

Please see the attached reports and presentation slides for updates on the implementation of Tobacco Retail Licensing Ordinance No. 2019-34 and Secondhand Smoke Protections Ordinance No. 2018-07.

Recommendation(s)/Next Step(s):

CONSIDER accepting the Health Services Department Public Health Division reports on Family and Human Services Referral Nos. 118 Policy Options for Protecting Youth from Tobacco Influences in the Retail Environment and 82 Secondhand Smoke Protections Ordinance, and directing staff to forward the reports to the Board of Supervisors for their information.

Fiscal Impact (if any):

There is no fiscal impact.

Attachments
Tobacco Retail License Report
Secondhand Smoke Protections Report
Referral Reports Presentation