HomeMy WebLinkAbout2015_06_03 Written Communications - Tobacco Retailer License Ordinance
Written Communications for Item 14: Ordinance Establishing Tobacco Retailer License Page 1 of 1
CITY OF SARATOGA
Memorandum
To: Mayor Miller and Members of the City Council
From: Crystal Bothelio, City Clerk
Date: June 3, 2015
Subject: Written Communications for Item 14: Ordinance Establishing Tobacco Retailer License
After the agenda packet for the June 3, 2015 Council Meeting was prepared, the City received the
enclosed written communications regarding Item 14: Ordinance Establishing Tobacco Retailer
License.
aromas that are sufficiently distinctive to create a loyal customer base—not to market cigars to
youth.
In short, the reason for adding flavors is product identification and differentiation, a key
determinant of competitive performance for cigar and pipe tobacco products and a host of other
consumer products including wine, beer and spirits, that are not intended for underage
customers. Prohibiting the use of flavorings in cigars and other tobacco products is tantamount
to prohibiting the sale of those products, and surrendering the revenues produced by sales and
excise taxes on these products.
Lastly, in 2009 Congress enacted a nationwide ban on all cigarettes with characterizing flavors
other than tobacco or menthol under the landmark Family Smoking Prevention and Tobacco
Control Act (“FSPTCA”). Congress imposed that ban to address a concern that flavored
cigarettes are packaged, advertised, and marketed in a manner that may appeal to youth.
Significantly, however, Congress decided not to ban characterizing flavors of any kind in any
other tobacco products. Instead, Congress included a process for the Food and Drug
Administration (FDA) to consider additional regulatory action for other forms of flavored
tobacco products if the FDA determines that such action would be appropriate for the protection
of the public health under the standards set forth in the legislation.
It is important to note that last April, the FDA released its deeming regulation under FSPTCA
that will expand its regulatory authority to include cigars and other tobacco products. The FDA
has already stated that it intends to pursue a national regulatory policy to address the appropriate
role of flavorings in cigars and other tobacco products under its expanded jurisdiction over these
products.
The Cigar Association of America believes that it would be premature for the City to adopt a
flavorings ordinance before an FDA flavorings regulation is adopted for two primary reasons:
first, the City’s adoption of a flavorings ordinance prior to an FDA regulation on the subject runs
the risk of being in conflict with federal policy, potentially imperiling the ability of the City to
enforce such an ordinance, and second; the FSPTCA expressly preempts any “State or political
subdivision of a State” from enacting any “requirement” that is “different from, or in addition to”
federal requirements “relating to tobacco product standards,” among other things. Adoption of a
City ordinance that differs from the final regulations adopted by the FDA would likely be subject
to a legal challenge on grounds of federal preemption, creating unnecessary legal exposure for
the City.
For these reasons, the Cigar Association of America urges Section 4-90.040 (j) to be
removed from the proposed ordinance.
I appreciate your consideration of this request on behalf of the Cigar Association of America.
Sincerely,
James C. Jack IV, on behalf of,
The Cigar Association of America
CC: Members of the Saratoga City Council
Ms. Crystal Bothelio, City Clerk
American
Cancer
Society
Cancer
Action
Network
980
9th
Street,
Suite
2200
§
Sacramento,
CA
95814
§
707.290.0003
May
29,
2015
The
Honorable
Howard
Miller
13777
Fruitvale
Avenue
Saratoga,
CA
95070
Dear
Mayor
Miller
and
Members
of
the
Saratoga
City
Council:
The
American
Cancer
Society
Cancer
Action
Network
(ACS
CAN)
is
committed
to
protecting
the
health
and
well-‐being
of
the
residents
of
Saratoga
through
evidence-‐based
policy
and
legislative
solutions
designed
to
eliminate
cancer
as
a
major
health
problem.
ACS
CAN
supports
efforts
to
reduce
youth
access
to
tobacco
products
in
our
community,
as
tobacco
use
is
the
number
one
cause
of
preventable
cancer
death
in
this
country.
Tobacco
Retail
Licensing
(TRL)
in
which
there
is
an
associated
fee
to
fund
enforcement,
as
well
as
meaningful
penalties
that
include
the
permanent
revocation
of
the
license
for
repeat
offenders,
is
a
proven
way
to
effectively
reduce
youth
access.
We
appreciate
the
thought
and
work
that
this
council
has
put
into
protecting
the
youth
of
Saratoga.
Smoking
remains
the
leading
preventable
cause
of
death
in
the
U.S.
The
2104
U.S.
Surgeon
General’s
report
found
that
more
than
43
million
Americans
still
smoke,
and
tobacco
will
cause
an
estimated
480,000
deaths
this
year
in
the
U.S.
Both
opponents
of
smoking
and
purveyors
of
cigarettes
have
long
recognized
the
significance
of
adolescence
as
the
period
during
which
smoking
behaviors
are
typically
developed.
According
to
the
Centers
for
Disease
Control
and
Prevention,
80
percent
of
adult
tobacco
users
begin
smoking
as
teens,
and
35
percent
of
those
users
become
daily
smokers
by
age
18.
Adolescents
are
still
going
through
critical
periods
of
brain
growth
and
development
and
are
especially
vulnerable
to
the
toxic
effects
of
nicotine.
In
2014,
for
the
first
time,
use
of
e-‐
cigarettes
by
California
teens
surpassed
use
of
traditional
cigarettes.
E-‐cigarettes
are
often
manufactured
to
resemble
traditional
cigarettes,
and
they
are
available
in
fruit
and
candy
flavors
that
appeal
to
youth.
These
products
are
marketed
to
youth,
and
many
retailers
allow
sampling
in
their
stores.
Prohibiting
the
sale
of
flavored
tobacco
products
will
help
to
prevent
the
tobacco
industry
from
using
these
devices
to
lure
the
next
generation
of
young
people
to
a
deadly
addiction.
American
Cancer
Society
Cancer
Action
Network
980
9th
Street,
Suite
2200
§
Sacramento,
CA
95814
§
707.290.0003
We
do
encourage
that
you
use
a
more
comprehensive
definition
of
tobacco
products
that
includes
e-‐cigarettes,
as
opposed
to
defining
them
separately.
When
defined
separately,
the
opportunity
exists
for
the
industry
to
argue
that
they
should
be
treated
separately.
The
language
below
is
what
has
been
agreed
upon
by
many
of
the
voluntary
health
organizations.
“Tobacco product” means:
a) Any
product
containing,
made,
or
derived
from
tobacco
or
nicotine
that
is
intended
for
human
consumption,
whether
smoked,
heated,
chewed,
absorbed,
dissolved,
inhaled,
snorted,
sniffed,
or
ingested
by
any
other
means,
including,
but
not
limited
to
cigarettes,
cigars,
little
cigars,
chewing
tobacco,
pipe
tobacco,
snuff,
snus;
and
b) Any
electronic
device
that
delivers
nicotine
or
other
substances
to
the
person
inhaling
from
the
device,
including,
but
not
limited
to
an
electronic
cigarette,
cigar,
pipe,
or
hookah.
c) Notwithstanding
any
provision
of
subsections
(a)
and
(b)
to
the
contrary,
“tobacco
product”
includes
any
component,
part,
or
accessory
of
a
tobacco
product,
whether
or
not
sold
separately.
“Tobacco
product”
does
not
include
any
product
that
has
been
approved
by
the
United
States
Food
and
Drug
Administration
for
sale
as
a
tobacco
cessation
product
or
for
other
therapeutic
purposes
where
such
product
is
marketed
and
sold
solely
for
such
an
approved
purpose.
TRLs
are
a
proven
way
to
help
reduce
youth
access
to
tobacco
products.
There
is
also
evidence
that
reducing
youth
access
to
tobacco
products
helps
to
protect
kids
from
ever
starting
to
smoke
as
adults,
thereby
helping
to
protect
them
from
ever
establishing
this
deadly
habit
and
the
cancer
it
causes.
ACS
CAN
supports
the
City
of
Saratoga’s
efforts
to
reduce
youth
access
to
tobacco
products,
and
appreciates
the
inclusion
of
prohibiting
flavored
tobacco
products.
We
encourage
passage
of
the
strongest
TRL
possible.
Sincerely,
Cassie
Ray
Government
Relations
Director,
Northern
California
American
Cancer
Society
Cancer
Action
Network
From:City Council saratoga_cc@saratoga.ca.us
Subject:FW: Tobacco Licensing Ordinance
Date:June 2, 2015 at 3:27 PM
To :Howard Miller hmiller@saratoga.ca.us, Manny Cappello mcappello@saratoga.ca.us , Emily Lo elo@saratoga.ca.us,
Mary-Lynne Bernald mlbernald@saratoga.ca.us, Rishi Kumar rkumar@saratoga.ca.us, City Clerk [Crystal Bothelio]
ctclerk@saratoga.ca.us, James Lindsay jlindsay@saratoga.ca.us
From: Matthew McGarty
Sent: Tuesday, June 02, 2015 3:27:36 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Tobacco Licensing Ordinance
Mayor&Miller&and&Members&of&the&City&Council,&
Please&see&the&a7ached&le7er.&&
Thank&you.
Ma7&McGarty
RESOURCE
455&Capitol&Mall,&Suite&600
Sacramento,&CA&95814
916J273J1221&Office
916J871J9025&Cell