Tackling Tobacco: December 2024 Legislative & Regulatory Roundup
NATIONAL REPORT — Tobacco legislation and regulation is constantly under review at the local, state and federal levels. In this monthly roundup, Convenience Store News highlights the latest proposals and approved changes happening across the United States.
CALIFORNIA
Burlingame — The Burlingame City Council voted in December to make some updates to its tobacco retailer ordinance program, which still includes a ban on new permits, but it will also allow for businesses to indefinitely transfer existing ones to new owners.
Under the updated ordinance, Burlingame's tobacco retailers will also be able to relocate and sell their products with more flexible parameters: by Jan. 16, 2027, and the new location need only be 250 feet away from youth-populated areas. This marks a change from the original permit program, which restricted new storefronts from being within 500 feet of existing stores or 1,000 feet from youth-populated areas.
Lakeport — The Lakeport City Council approved a tobacco retailer licensing ordinance in December. The measure, which went into effect Jan. 1, requires tobacco retailers to obtain and display a valid tobacco retailer license and prohibits them from selling any flavored tobacco products. It also bans selling tobacco to a person under 21 or placing any tobacco products within five feet of "youth appealing products," such as toys, snacks or nonalcoholic beverages.
Additionally, no smoking is allowed within 25 feet of any retail establishment licensed under this ordinance. Violations carry penalties. A first offense results in a 30-day license suspension and a $1,000 fine, while a second offense within five years increases penalties to a 90-day suspension and a $2,500 fine.
COLORADO
Denver — The Denver City Council voted 11 to 1 to ban the sale of flavored tobacco products, which includes e-cigarettes, menthol cigarettes, vapor products, and other flavored nicotine and tobacco products. Denver now joins seven other Colorado cities that have restricted or prohibited flavored tobacco product sales: Aspen, Boulder, Carbondale, Edgewater, Glenwood Springs, Golden and Snowmass.
INDIANA
Terre Haute — The Terre Haute City Council proposed a new ordinance limiting the number of vape shops to one in a one-mile radius. To create a database to track this, any vape shop would have to register with the city.
MICHIGAN
Lansing — Members of the Michigan House Families, Children and Seniors committee advanced a bundle of bills aiming to require tobacco and vape retailers to be licensed. They would also place stiffer penalties on those retailers violating the Tobacco 21 law. The proposed bills would additionally repeal the penalties against minors for tobacco use, purchase or possession.
The president of the Michigan Distributors and Vendors Association voiced opposition and concern over many unintended consequences on businesses and consumers. The bills, which were passed early in December by the state Senate, are now heading to the full Michigan House for consideration.