Report to Mayor and City Council
Tuesday, April 06, 2021
Discussion
SUBJECT:
Title
CONSIDER AND PROVIDE DIRECTION TO STAFF REGARDING A POTENTIAL POSTPONEMENT OF ENFORCEMENT OF CITY ORDINANCE NO. 19-1940 WITH RESPECT TO THE SALE OF FLAVORED TOBACCO PRODUCTS, INCLUDING MENTHOL, AGAINST EXISTING PERMITTEES UNTIL THE ELECTION ON THE STATEWIDE BAN (CITY COUNCIL)
Body
I. SUMMARY
On January 14, 2020, the City Council adopted Ordinance No. 19-1940 ("Ordinance"), prohibiting the retail sale of: (1) electronic cigarettes and other vaping devices that have not been approved by the U.S. Food and Drug Administration ("FDA"); and (2) the retail sale of flavored tobacco products, including menthol tobacco.
Faced with the impending effectiveness of the Ordinance, Carson tobacco permit holders requested the City Council's assistance in granting additional time to comply to allow them to sell their remaining inventory. Based on these and other considerations related to economic hardship resulting from the onset of the COVID-19 pandemic, the City Council adopted Resolution No. 20-066 on April 7, 2020, granting existing permittees until January 1, 2021, to come into compliance with the Ordinance.
Recently, Senate Bill 793, prohibiting the retail sale of flavored tobacco products statewide, was signed by the Governor and was set to take effect as state law on January 1, 2021. However, effectiveness of the new law has been suspended pending a referendum on SB 793 to be considered at the statewide election in November 2022. Based on these developments, some Carson tobacco permit holders believe the City's ban on the sale of flavored tobacco products is unfair since the State's ban is on hold. Permit holders have also expressed concern due to the loss of revenue caused by Carson's ban on flavored tobacco products. Permit holders are requesting the City's Ordinance pertaining to no retail sales of flavored tobacco to be suspended pending the election on the Statewide ban.
On Ma...
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