Draft regulations were presented at a city planning meeting in 2012 followed by

Draft regulations were presented at a city planning

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to address the problem of youth tobacco sales. Draft regulations were presented at a city planning meeting in 2012, followed by a series of community meetings and hearings that culminated in the Hayward city council’s adoption of a 45-day moratorium to begin in January 2014 on the issuance of business licenses or building permits for any new tobacco retailers. The following month, the moratorium was extended another 15 months to provide more time to research and consider the issue (City of Hayward 2014). On July 1, 2014, the Hayward city council unanimously adopted an ordinance that requires sellers of tobacco products and “electronic smoking devices” to obtain annually a $400 tobacco retailer license that covers the cost of an annual inspection for compliance with federal, state, local, tribal, and territorial tobacco control laws. The ordi- nance allowed the city’s existing 142 tobacco retailers, 8 e-cigarette retailers, and 2 hookah lounges to continue operating at their current locations; however, new sellers must obtain a conditional use permit, are restricted to spe- cial commercial zones, and may not locate within 500 feet of residential areas or child-sensitive areas (e.g., schools and parks) or within 500 feet of an existing tobacco seller. It also prohibits new hookah lounges or vaping lounges from opening within the city. The ordinance also contains provisions to prohibit self-service displays of tobacco products and e-cigarettes and to regulate the sales of cigars, flavored products, and imitation tobacco products. Cigars selling for less than $5 each are required to be sold in pack sizes of five or more, and the sale of flavored traditional tobacco products, e-cigarettes, and imitation tobacco products (e.g., candy cigarettes, bubble gum chew) is prohibited within 500 feet of schools for any business not selling these products before July 1, 2014. Penalties range from $1,500 for a first violation and possible suspension to a complete revocation of a license after three violations within a 3-year period (City of Hayward 2014; n.d.a.). Active enforcement of the ordinance began in April 2015 (City of Hayward n.d.b.). Throughout the process, Hayward officials and staff relied heavily on materials from the American Lung Association, the Center for Tobacco Policy and Organizing, and ChangeLab Solutions to provide the public health and legal rationale for supporting the provisions. Hayward’s tobacco retail licensing effort was also supported by the tobacco control program of the Alameda County public health department, which used monies from its Master Settlement Agreement to fund the Hayward police department to conduct youth decoy operations and local commu- nity and youth organizations to conduct educational outreach (City of Hayward 2014). Collectively, these resources informed the Hayward city council’s decision-making process.

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