Stockton's new ordinance looks to curb use, bans flavored tobacco

For years, local and national health experts have sounded the alarm on tobacco use among children. E-cigarette companies have been accused of marketing vaping products to teens, using candy and cereal flavors to capture their attention.

The issue was discussed at the June 20 Stockton City Council meeting, where city leaders adopted an ordinance that will ban the sale of flavored tobacco products and regulate the growth of smoke and vape shops in the city.

Starting Sept. 18, all businesses in Stockton that sell tobacco products will be required to obtain and maintain a valid tobacco retail license. Businesses are not required to obtain a special license to sell tobacco products currently, only a standard city business license is needed.

However, they need state licenses to sell tobacco products.

"This started a couple of years ago on the legislation committee when I was chair. It was council member (Christina) Fugazi and I who had taken a specific interest in it, primarily because of the explosion of smoke shops throughout the city," District 2 Councilman Dan Wright said. "That was concurrent with this explosion in using flavored tobaccos."

"The Swisher Sweets brand expanded drastically; the Backwoods brand expanded ... it's to a point when you go into a shop that sells cigarettes and other tobacco products, cigarettes and regular cigars take a huge backseat to the flavored ones. This is necessary."

There are estimated to be 272 tobacco retailers in Stockton, according to Captain Jonathan Swain, head of the Stockton Police Department's Investigations Division. These businesses include smoke shops, gas stations, and grocery stores.

Under the ordinance, new businesses cannot obtain a tobacco retail license within 600 feet of schools, public parks, playgrounds, recreational areas, youth facilities, and other tobacco retailers. Existing businesses, however, will not be subject to the 600 feet rule as long as their licenses are up-to-date.

Businesses must pay a retail tobacco license application fee of $102, an investigative fee of $234, and $147 for verification of distance requirements annually.

"We have to have control, and we should know what is happening in our city," Vice Mayor Kimberly Warmsley said. "This ordinance is about accountability ... I think that we are also, unfortunately, living with the consequences of not controlling, knowing, and regulating what is happening in our city."

The ordinance comes just six months after California's Proposition 31 — which prohibits the sale of most flavored tobacco products, e-cigarettes, and menthol cigarettes across the state — went into effect on Dec. 21, 2022. Many advocates for the statewide ban said sweet vape juice flavors like cotton candy and peach could entice teens to start smoking.

But city leaders said flavored tobacco products can still be found on smoke store shelves, despite the state's ban.

"You can go into any store in Stockton right now and find methanol cigarettes," Wright said. "The state created problems for communities when they passed this law with no enforcement mechanism. They've left it to us, and that's unfortunate because we're the least able to deal with the costs of this."

Those who spoke during public comment shared personal stories about tobacco addiction's impact on their families.

Kimberly Bankston-Lee founded Saving Our Legacy: African Americans for Smoke-Free Safe Places — a nonprofit organization that advocates for healthy, smoke-free communities for African Americans and other populations who suffer disproportionately from social conditions and tobacco use. She said she watched her loved ones grapple with addiction.

Her mother smoked for 33 years before being diagnosed with cancer. She died at 58. Her stepfather also died due to cancer caused by smoking.

"These losses have left an indelible mark on my family, serving as a poignant reminder of the devastating consequences of tobacco use and the urgent need for preventive measures," Bankston-Lee told council members.

Mary Elizabeth said she grew up with smokers. Her grandmother died of lung cancer, and her mother is a cancer survivor. Elizabeth said she wanted to see heavier restrictions be imposed on tobacco retailers.

"Annual compliance checks with follow-up decoys as deemed necessary by code enforcement. There should be at least 5% randomly selected retailers for decoy investigations," the Stockton woman suggested.

Decoys are people under 21 who are sent into businesses to buy alcohol or tobacco. Offenders can be fined or shut down after multiple offenses.

District 1 Councilwoman Michele Padilla agreed.

"With any ordinance, unless there is some type of enforcement or check, then how are we going to make that ordinance effective?" Padilla said. "We have to do something. If we're charging the annual investigative fee, we need to be accountable and do those. I'm strong on enforcement."

Retailers who do not comply with the ordinance will be fined $1,000 for their first violation in five years, $2,000 for their second violation in five years, and $3,000 for each additional violation in five years.

Those who are caught selling flavored tobacco products and selling flavored tobacco products to minors will have their license suspended or revoked, Swain said. City officials said an enforcement program is underway to ensure tobacco retailers follow the ordinance.

Record reporter Hannah Workman covers news in Stockton and San Joaquin County. She can be reached at hworkman@recordnet.com or on Twitter @byhannahworkman. Support local news, subscribe to The Stockton Record at recordnet.com/subscribenow.

This article originally appeared on The Record: Stockton's new ordinance looks to curb use, bans flavored tobacco