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Agenda Item

8 20-0338 Subject: Flavored Tobacco Loophole Municipal Code Amendments From: Vice Mayor Reid, Pro Tem Kalb, Councilmembers Taylor And Thao Recommendation: Adopt An Emergency Ordinance Changing Local Rules For The Sale Of Tobacco Products By: (A) Amending Oakland Municipal Code Chapter 5.91 To: (1) Eliminate The "Tobacco Store" Exception To The City's General Prohibition On The Sale Of Flavored Tobacco Products; (2) Prohibit Pharmacies From Selling Tobacco Products; (3) Impose A Minimum Price And Package Size For Cigars And Cigarettes; (4) Require The On-Site Purchase Of Tobacco Products; (5) Change Definitions Of Terms; (6) Make Administrative Changes For The Licensure Of Tobacco Retailers; And (B) Repealing Oakland Municipal Code Chapter 8.34, Which Prohibits Tobacco Product Vending Machines In Areas Accessible To People Under Twenty One (21) Years Of Age

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    Cecilia Maldonado over 4 years ago

    I strongly oppose the ban as we have more things to address in our community!
    During your zoom, where did the 3.29 billion go!!! Homeless encampments growing, pothole not filled, streets are filthy, illegal dumping problems not fixed, rodent infestations are increasing, more mental illnesses are around, low income housing not available, Oakland is dirty. And you want to talk about flavored tobacco?

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    Rajan Goswamy over 4 years ago

    I oppose this ordinance. This ordinance is anti business and will encourage the illegal and black market sales. Adults should be given a chance to decide for themselves. We cannot see the society through only few sets of eyes. For example, charging a sugar tax hasn’t ended obesity in Oakland or even made any difference except costing more for the same product that residents can buy outside of Oakland city limits, and take the Tax revenue out of the city of Oakland. This ordinance will do the same. People will just buy them in the other cities. So please don’t punish the adult smokers and small businesses by banning them. I am definitely against underage smoking and agree that it’s a good idea to ban pharmacies from selling tobacco, but whatever establishments are left in Oakland selling flavored tobacco should be allowed to continue to sell their products.
    Please reconsider this ordinance and don’t pass this.

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    ROD Adam over 4 years ago

    In response to the supporter, the city is responsible for allowing zoning in the East Oakland area after 2018. Adult only tobacco stores is the only solution. The city needs to make better restrictions and follow through with them. Why should adult’s choices be banned for a mistake the city made? Your reasoning doesn’t make sense. With a 2 year 3.29 billion fund, separate cans for recycle and garbage can’t even be in the major parts of Oakland. High rises can’t be the only accomplishments brag worthy of. You can’t even do the minor necessities that’s important to residents that’s been residing here for years before gentrification. During this stay in home period, this was the perfect time to pave potholes because less traffic. One block I remember when I visited First Friday was on a senior housing block. 90% of that block had potholes. I was in awe because seniors had to ride through that to get home. We have a lot more going on that needs attention, not a tobacco choice. Priorities!

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    Ronn Phan over 4 years ago

    I find it very amusing that every that supports it give statistics and comments about how only youth uses flavored tobacco! As if adults of legal age do not. If you really care so much have a limited amount of specialty stores sell it. They ones that abide by the 21 years of age laws! The ones that were never cited for selling to underaged. The city allowed all these places to open up. More than there were 2 yrs ago! Now regarding people that constantly bring up youth health where are you when schools don’t have funds or cutting back funds for after school programs? How about flavored sodas! Sugary candies! Fast food! Alcoholic flavored appealing beverages! Great tasting free public school lunches! Where is your support and your voices for these issues?! Black market will be created if flavor ban passes! And then there will be no control over youth getting ahold of it. I applaud those adults who do not think before they speak of all the real issues that are currently around us today!

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    Alysia Hayes over 4 years ago

    I oppose the banning sale of flavored tobacco. This is an individual choice as an adult. We all have choices and those who have common sense can choose to do as they please. There are other urgent matters that need to be addressed and this should not be at the top of the agenda.

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    Annie Tegen over 4 years ago

    Strongly support. The flavored tobacco ordinance adopted in 2017 was considered a big win for youth and community health at the time, but it has become clear that the exemption is a loophole, undermining efforts to reduce health inequities. These adult-only tobacco stores are disproportionately located in the flatlands of East Oakland where there is a higher burden of poor health outcomes. This means flavored tobacco products, including menthol, are still accessible and prevalent, particularly for low-income communities of color and youth. Flavors such as menthol, grape, cotton candy, bubble gum and gummy bear mask the harsh taste of tobacco and are highly appealing to youth, encouraging a new generation of tobacco users. Four out of five kids who have used tobacco started with a flavored product. It's time to join the dozens of cities across California, who have adopted comprehensive ordinances like this one. Thank you for your leadership, especially during this time.

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    Tony Lee over 4 years ago

    Strongly oppose. Adults who use flavored tobacco can still function as a regular person. They can attend their job, families, etc. Let’s move on to alcohol and hard drugs. Those individuals usually fall out of their normal lifestyle and can’t function as a regular person. So why is tobacco on the front line? You have crazy people running around the main streets nearly attacking people. Main streets are somewhat clean and 1 block away is filthy rodent infested. For Oakland, judge the book by its cover. Stop dictating and come up with real solutions. You want to combat youth use? How about have a meeting with tobacco stores and work along side with them to figure out ways to do so. We’d like to know where the 2-year 3.29 billion Oakland Together budget have gone towards. Streets filthy, potholes not paved, homeless increasing, citizen’s app ringing, empty storefronts, etc. All I see is luxury high rises being built and areas surrounding those are nice. I can’t wait for re-election time.

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    Henry Urquhart over 4 years ago

    All the drugs ,guns, AIDS , liquor and your worried about cigarettes PLEASE leave Oakland as found it . Its stressful enough already.

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    Sophie Tat over 4 years ago

    I oppose because a person has the right to flavored tobacco. If the reasoning is youth, that's your department to patrol as well as informing parents to monitor their youth. Have you ever considered an adult's want of flavored tobacco? You'll have supporters and opposers of the tobacco ban. Your job is to make sure you can satisfy both parties instead of just one. The best solution is the current one which is tobacco stores can sell all tobacco products as long as they're age restricted, Adults can still go to a tobacco store to purchase tobacco of their choice. Minors and those who do not partake need not be around. Sugar is bad for anyone if consumed in abundance, it's not banned. Is it right/fair for 6 ordinary people to vote on something that means a lot to many adults? How would you feel if 6 people voted on your life rights? Instead of banning it, make stricter restrictions. Make sure every tobacco store complies with certain rules. Do your job instead of taking the easy way out.