US: Tobacco Sellers‘ Rules Being Updated

Source from:  Orovillemr.com 12/31/2012

The city is updating the rules for selling and distributing tobacco and other nicotine-related substances and products, as well as for establishing tobacco stores.

The proposed changes and additions to the Municipal Code apply only to tobacco shops, hookah shops and lounges, head shops and similar stores, and not to grocery and department stores that sell cigarettes and tobacco.

The Planning Commission reviewed the updated code and recommended it to the City Council for approval, said Don Rust, director of planning and development services.

”It‘s working its way through the process,” Rust said.

The new code would require tobacco shops to have a tobacco retailer‘s license and limit the number of stores to one for every 4,000 residents.

The state Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a priority, according to the city report.

The updated code will allow the city to regulate operations of lawful businesses to discourage violations of federal state and local tobacco-related laws.

This would include illegal sales of tobacco products to minors. Tobacco products and paraphernalia that are physically accessible to the public would be prohibited.

Paraphernalia means papers, pipes, wrapping machines and all types of smoking materials.

The city‘s intent is to promote health and safety of the citizens, according to a city report.

The city finds not complying with all tobacco control laws — particularly laws related to selling tobacco to minors — presents a threat to health, safety and welfare of citizens.
To ensure tobacco shops comply with tobacco control laws and business standards, the city is developing a licensing system and some regulations.

For example, salespeople in a tobacco shop must check the identification of anyone who appears to be under the age of 27 years.

Rust said tobacco shops will have to apply for a use permit and comply to regulations such as the amount of signage or advertising in windows.

The stores can only sell items directly related to tobacco smoking, and not items such as scales that can be used for illegal drug use but not tobacco use.

However, hookas can be sold because they are a cultural-related smoking device.

At the April 3 meeting, the City Council directed staff to research and prepare a tobacco shop ordinance and develop standards to be reviewed and adopted.

The proposed ordinance will go to the City Council at an upcoming meeting for consideration. Enditem