Pima County and Tucson officials are set to vote Tuesday on a proposed nicotine-buying ban for those under the age of 21 following a delay last month.
The ordinance change would raise the minimum age to buy tobacco products and e-cigarettes within Pima County and Tucson city limits from 18 to 21 years old.
It also would create a retail permit system that includes enforcement and inspection of retailers in unincorporated Pima County.
The pair of ordinances appeared on agendas for the Pima County Board of Supervisors and Tucson City Council on Aug. 6, but supervisors delayed their vote after nearly two hours of public discussion.
Community members and several supervisors said then they were concerned about the process used to bring the ordinance to a vote and the penalties business owners would face.
After supervisors postponed the vote early in the day, city officials did the same at their meeting later, saying that the ordinance change was written based on the county’s participation.
The Pima County Health Department held 12 community meetings in February and March to talk about the ordinance. But community stakeholders, like convenience store operators, didn’t get to review the ordinance after it was drafted. Some supervisors have said that’s a problem.
The first version of the ordinance included penalties that could suspend a store’s permit to sell nicotine products for 30-days or six months, depending on violations over a three-year period.
Representatives from Circle K and Quik Mart said during the Aug. 6 meeting that many stores would suffer after a second violation and likely not survive a third.
The county returned the ordinance to the health department to gather more feedback and the public comment section on its website was reactivated.
Public meetings were advertised and held on Sept. 3 and 10, with 42 people attending the two meetings. An additional 21 people provided feedback through the website, according to a memo from Pima County Administrator Chuck Huckelberry.
Based on feedback the ordinance was modified as follows:
- Retail permit suspensions were eliminated, with revocation occurring on the fourth offense. The violation “look back” period was reduced from 36 to 24 months.
- Penalties were added for sales clerks, with educational sessions required for the first and second offense and a $300 fine on the third offense.
- Underage buyers identified during the inspection and complaint follow-up process will receive a referral to free or low-cost tobacco cessation programs.
As with the ordinance that was proposed in August, people who are between 18 and 21 years old at the time the ordinance takes effect are exempt. It also allows for those customers to legally sample products on vendor premises, according to the memo.
“While youth can still obtain tobacco products through the black market, this ordinance makes youth access to tobacco products much more difficult,” Huckelberry said in the memo.
If the ordinance change is approved, it would take effect in January 2020.
