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  14.C.       
Meeting Date: 06/18/2019  
From: Sterling Solomon, City Attorney

TITLE:
Consideration and Adoption of Ordinance No. 2019-24:  An ordinance prohibiting the sale of tobacco products to persons under the age of 21.
STAFF RECOMMENDED ACTION:
At the June 18, 2019 Council Meeting:
1) Read Ordinance No. 2019-24 by title only for the first time
2) City Clerk reads Ordinance No. 2019-24 by title only (if approved above)
At the July 2, 2019 Council Meeting:
3) Read Ordinance No. 2019-24 by title only for the final time
4) City Clerk reads Ordinance No. 2019-24 by title only (if approved above)
5) Adopt Ordinance No. 2019-24
Executive Summary:
The City Council expressed the desire to further protect the health of the residents of the City of Flagstaff by prohibiting the sale of tobacco products, including e-cigarettes and other similar devices, to persons who are under the age of 21.
 
In addition, the Coconino Anti-Tobacco Students (CATS) have addressed the Flagstaff City Council on several occasions requesting that the City Council adopt an ordinance prohibiting the sale of tobacco to anyone under 21 years of age. Many of the students have individually addressed the City Council sharing personal experiences of suffering and loss of loved ones due to the use of tobacco products.
 
The use of tobacco products has devastating health and economic consequences. The negative impacts of tobacco products, including e-cigarettes, has been widely documented. Tobacco product use leads to more than $300 billion in health care and lost worker productivity costs each year according to the U.S. Department of Health & Human Services and the American Journal of Preventative Medicine.1 Young minds are particularly susceptible to the addictive properties of nicotine.2 As a result, approximately 3 out of 4 teen smokers end up smoking into adulthood.3 An estimated 5.6 million youth aged 0 to 17 are projected to die prematurely from a commercial tobacco-related illness if prevalence rates do not change.4
 
National data show that about 95 percent of adults who smoke begin smoking before they turn 21. The time between ages 18 to 20 is a critical period when many adults who smoke move from experimental smoking to regular, daily use.5 Moreover, data from the National Youth Tobacco Survey demonstrates that youth use of e-cigarettes continues to increase. The overall use rate of e-cigarettes among youth continues to be higher than other forms of tobacco and has stymied previous progress in the reduction of the overall tobacco use rate for youth.6 Furthermore, the popularity among youth of newer products are likely responsible for the significant increase of e-cigarette usage among high school students.7
 
In 2015, the Institute of Medicine (now the National Academy of Medicine) concluded that raising the minimum legal sales age for tobacco products nationwide would reduce tobacco initiation, particularly among adolescents aged 15 to 17, improve health across the lifespan, and save lives; and that raising the minimum legal sales age for tobacco products nationwide to 21 would, over time, lead to a 12 percent decrease in smoking prevalence.8 The Institute of Medicine also predicted that raising the minimum legal sales age for tobacco products nationwide to 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4.2 million fewer years of life lost for those born between 2000 and 2019 and would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome.9
 
A growing number of state and local jurisdictions have enacted minimum legal sales age 21 policies to further restrict access to commercial tobacco.10 Three-quarters of adults support raising the minimum legal sales age for tobacco products to 21, including seven out of ten adults who smokes.11
 
Finally, strong policy enforcement and monitoring of retailer compliance with tobacco control policies (e.g. requiring identification checks) is necessary to achieve reductions in youth tobacco sales rates after raising the minimum legal sales age to 21. The National Academy of Medicine recommends imposing penalties on business owners to provide sufficient incentives to comply with the law, and business owners with an economic incentive to avoid violations are more likely to establish company-wide policies and incorporate instruction on tobacco laws into employee training.
 
The City of Flagstaff recognizes these well-documented facts on the dangers related to tobacco products. As a result, the ordinance establishing a prohibition on the sale of tobacco products, including e-cigarettes, to persons under the age of 21 is recommended in order to prevent further negative health impacts for the citizens of Flagstaff.

**Citations found in attachments**
Financial Impact:
A resolution establishing a fee schedule will be presented to City Council for adoption in the fall. That fee schedule will establish license fees for the sale of tobacco products, including e-cigarettes. Those fees will cover the administrative costs of processing applications for, and issuing licenses for the sale of tobacco products. As a result, the financial impact of the license fees will not produce additional revenues for the City, but will cover the costs of administration only.
Policy Impact:
Currently, Chapter 7-09 of the City Code establishes the age prohibition for the sale of tobacco products to anyone under 18 years of age.

The proposed ordinance revises Chapter 7-09 of the City Code to prohibit the sale of tobacco products to persons under the age of 21.
Connection to Council Goal, Regional Plan and/or Team Flagstaff Strategic Plan:
While no direct connection to a City Council Goal may be readily identified, the proposed ordinance will further the mission of the City of Flagstaff, which is:  To protect and enhance the quality of life for all. 
Has There Been Previous Council Decision on This:

Specific to age limits, on December 21, 1999, a previous City Council adopted Ordinance No. 2011 prohibiting the sale of tobacco products to persons under the age of 18.

More recently, and on a broader level, in 2017 and 2018 the previous City Council adopted amendments to the City Code including parks and cemeteries as public places and incorporating e-cigarette's into the City's Tobacco-Free Air portion of the City Code.

Attachments
Ord. 2019-24
Executive Summary Citations


    

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