Home » Brentwood Inches Closer to Stricter Tobacco Ordinance

Brentwood Inches Closer to Stricter Tobacco Ordinance

by CC News
Brentwood

On Tuesday, the Brentwood City Council provided direction on a potential new ordinance tackling tobacco regulations within the City of Brentwood.

Under a 5-0 vote, the council agreed to implement a “first come, first served” application process along with issuing a tobacco retail permit for 1-year to retailers that are noncompliant with new regulations rather than the tobacco retail license.

The item returned from April 30 where the council directed staff to work on a new tobacco regulation within the city which included the following:

  • A 500-foot separation between other tobacco retailers and from youth-oriented facilities1, to apply to all retailers, not just new retailers
  • A cap of 42 licenses in the city; and
  • A prohibition on tobacco sales at all pharmacies.

Currently, the City of Brentwood does not issue tobacco licenses, that is done through the State. According to staff, as of April, 42 tobacco retailers of various types are in the city—which is where the city has the number to cap licenses at 42.  Under the new ordinance, staff will now be able to determine how many, if any, will be impacted. The item will return at a future meeting to adopt the ordinance.

Council Discussion:

Vice Mayor Susannah Meyer urged the council to figure out its goal.

“I think we have to really think about what our goal is. Obviously, reducing tobacco usage across the board would be really great to promote health of Brentwood residents, but are we looking at something like that, or something to reduce access to kids,” asked Meyer who noted the priority when this started was reducing access for kids. “Is this to give kids less access, or Brentwood residents less access?”

Councilmember Tony Oerlemans shared concerns for business already in Brentwood.

“My initial concern here was small businesses that have existed here in the City of Brentwood that are well within 500 ft of another small business and their primary purpose for business is convenient store, gas station, etc.… I would still love to see those differentiated,” stated Oerlemans. “The ministerial process of first come, first serve and yes on the permits, no on the licensing up front.”

Councilmember Jovita Mendoza stated her goal was to reduce kids buying tobacco.

“My whole goal is to keep this out of the hands of kids,” stated Mendoza. “So does the establishment sell product to go. If it sells product to go, then it’s a risk of a kid getting it whether its them walking in or asking an adult, like they do with beer, to walk in and buy it. So, my whole goal is to reduce kids buying it..”

Mendoza didn’t have an issue with giving a 12-month window to allow a business to phase out product

“There are businesses in town who do not care and have continued to sell tobacco to children,” explained Mendoza. “So, they have not had a qualm about doing that so I don’t know why I should have any qualm saying you can’t sell near a school anymore… it shows me I have to do something because kids come before profit.”

Councilmember Pa’Tanisha Pierson said the issue became personal for her when her child brought it into their home and explained how easy it was to get it in the City of Brentwood.

She was okay with the “first come, first serve” policy, and was in favor of the tobacco permit for 1-year. She also requested compliance.

Mayor Joel Bryant stated he wanted to support staffs’ recommendation along with first come first serve.

Oerlemans stated he understood the concept, but still had some issues.

“I understand the concept of putting this all together. I am100% am in agreement with but it’s the grandfathering and messing with the businesses that currently exist in the city of Brentwood that I am having a hard time with,” stated Oerlemans.

The council ultimately provided direction on an ordinance to include a “First Come, First Serve” and a tobacco permit for 1-year in a 5-0 vote. The item will return at a future meeting to finalize.

 

tobacco

Its estimated with approval, Brentwood’s score would jump from 0 to 9 or 11

Application Process

The below flow chart summarizes the proposed application process:

Ordinance Effective Date

  • 45 days after council adoption
  • Extensive outreach to affected businesses

30-Day Application Period

  • For existing businesses only
  • First come/first served basis

Second Application Period

  • After initial 30 days
  • New businesses only
  • Only if 42 license cap has not been exceeded
  • First come/first served basis

Licenses Issued

  • Licenses effective for 12 months, eligible for renewal
  • Permits effective for 12 months, not eligible for renewal
  • Compliance checks conducted quarterly

City Council Documents:

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1 comment

Absolutely ***NO*** September 26, 2024 - 2:56 am

Looks like a “feel good” kind of a law. If states/county’s/towns haven’t curbed tobacco for kids by now, and apparently Brentwood has not, that becomes a head-scratcher. This proposal doesn’t accomplish very much when it comes to curbing access to minors.

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