SOUTH LAKE TAHOE, Calif. – During its special meeting on Tuesday, the South Lake Tahoe City Council voted to extend the urgency ordinance that established a temporary moratorium on the approval of new tobacco retailer applications in the City. The ordinance is in effect until June 1, 2027.

The extension will give staff time to study tobacco businesses and develop reasonable regulations. It will also give the City time to do public outreach to engage stakeholders, which may include: existing tobacco retailers; public health organizations; parents and youth-serving organizations; and enforcement agencies. They will also see how much the City would lose in tobacco sales tax revenue.

At this time, 28 businesses are licensed by the state to sell tobacco in South Lake Tahoe. Most are gas stations and convenience stores that sell cigarettes, and several others sell vaping tobacco and supplies. Two new businesses are in the pipeline to open a smoke shop – one has a business license but no building permit, and the other has a building permit but no business license. They fall under the temporary ban.

During discussion in the meeting, both Councilmember Heather Horgan and Councilmember Scott Robbins want to support a healthier community, and sales of tobacco doesn’t fit that goal. Horgan is a nurse and sees the results of unhealthy choices in her line of work.

They also wanted to pause an ordinance so things don’t get worse before the City can study the situation. Much like the vacation home rental ordinance, put a stop to sales until research can be completed.

“Vaping is now coming up on being one of the biggest problem in our schools in terms of teen addiction rates,” said Robbins

Mayor Cody Bass voted against the urgency ordinance, saying he couldn’t support overregulation and the regulated supply chain is better.

“I don’t think this doesn’t do much to help the youth,” said Bass. He said a ban will just send people to Nevada to make their purchases.

The extention of the urgency ordinance passed 4-1 with Bass the “no” vote.

Part of the staff report:

Examples of Tobacco Regulations in Other Jurisdictions
Manhattan Beach currently has a full tobacco retail ban that was built upon actions taken since 2014. Prior to the total ban, the City of Manhattan banned smoking in all public places (2014) and in dwellings of three units or more (2015) and banned the sale of vaping products and all flavored tobacco products, including menthol (2019). In 2015 retailers were also banned from
operating within 500 feet of schools or other retailers. The full ban on tobacco sales became effective on January 1, 2021. The ordinance contains a hardship exemption that retailers could apply for during one month following the adoption of the ordinance. This exemption allowed the City Council to grant an extension to the sale of tobacco if the applicant reasonably demonstrated that they were unable to recover their investment backed expectations.

Beverley Hills also has a general ban on the sale of tobacco. All establishments were required to stop selling tobacco products starting on January 1, 2021, except for three existing cigar lounges and hotels which may only sell to guests. Beverly Hills has a hardship exemption allowing either for the transfer of a permit reviewed by the Director of Finance or for the extension of sales reviewed by the hearings officer and appealable to the City Council.

The City of Sacramento requires a Tobacco Retailer License. New license may not be issued for locations within 1,000 feet of an existing tobacco retailer. Staff may reject a Tobacco Retailers License application if one was revoked within the preceding 5 years. In addition to a Tobacco Retailer License from the City of Sacramento and State of California, tobacco retailers must obtain a conditional use permit.

Sonoma County requires Tobacco Retailer License and prohibits certain business types such as marijuana dispensaries, pharmacies, and mobile retailers from obtaining a permit. No new license may be issued to locations within 1,000 feet of a youth-oriented area or with 500 feet of an existing tobacco retailer. Youth-oriented areas include public libraries, public parks, schools (preschool, kindergarten, elementary, middle, junior high, or high school), youth centers, and recreation centers.