By Khalida Sarwari
The Santa Clara County Board of Supervisors today unanimously approved an ordinance that will restrict tobacco sales in unincorporated areas of the county, but delayed enforcement of a provision of the ordinance.
The board voted 5-0 to pass the tobacco retailer permit ordinance, which requires retailers that sell tobacco in unincorporated areas to obtain and maintain an annual permit, limits the number of retail stores near schools, and bans the sale of flavored tobacco products.
The ordinance was passed as part of the county’s efforts to combat youth smoking and protect residents from secondhand smoke exposure in public settings.
The tobacco retailer permit ordinance has been the most controversial of three such ordinances passed by the board.
It requires businesses in unincorporated areas to pay a one-time application fee of $340 and an annual permit fee of $425.
Under the ordinance, new retail outlets will be prohibited from selling tobacco if they operate a pharmacy or are located within 1,000 feet of a school or within 500 feet of another tobacco retailer.
Many opponents of the ordinance say the regulations are punitive and discriminatory toward small businesses.
Beverly Swanson was one of several speakers at today’s meeting who spoke against the ordinance.
“This smells as though it is a tax, though it is called a fee,” Swanson said. “This is not the time to hit small mom-and-pop businesses with a tax.”
Charles Janigian, president of the California Association of Retail Tobacconists, said the county would be overstepping its authority by placing a ban on flavored tobacco.
“It’s definitely not appropriate to ban something that has been legal for over 100 years,” Janigian said. “The county receives millions of dollars a year in revenues. I urge you to reconsider what you’re doing today for the good of business.”
The ordinance will become effective in 60 days, however, Supervisor Don Gage suggested delaying enforcement of the provision prohibiting the sale of flavored tobacco products for an additional 30 days to look at potential impacts on cigar and pipe tobacco products.
Gage said the extra time could be used to clarify the language in the ordinance in regard to the definition of flavored tobacco.
Earlier this month, the board passed a smoking pollution control ordinance, which bans smoking at the Santa Clara County Fairgrounds, outdoor shopping malls, all county parks, in hotels and motels, at retail stores that exclusively sell tobacco and smoking products, and within 30 feet of any outdoor service area, such as a ticket line.
The board also passed a multi-unit residences ordinance, which bans smoking in duplexes, condo and townhouse complexes, and apartment buildings. The ordinance does permit setting up designated smoking areas at least 30 feet away from doors and windows.
The San Jose City Council is considering a similar retail permit measure.