Brentwood passes tobacco ordinance banning retailers within 500 feet of schools

BRENTWOOD – After numerous discussions and pushback, Brentwood has established an ordinance that prevents tobacco retailers from being within 500 feet of a youth-oriented establishment.

The Brentwood City Council on Tuesday refined its definition of a youth-oriented establishment as any public or privately owned and operated elementary school, middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through 12th grade.

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The definition does not include any alternative education facilities, such as daycare or tutoring establishments.

In May, the city had proposed that the tobacco ordinance also include public libraries, youth centers, and any business establishment likely to be frequented by minors, such as arcades, bowling alleys, or skating rinks, among others, to be defined as youth-oriented establishments.

It also proposed a 250-foot distance requirement from those establishments.

However, business owners who sell tobacco-related products expressed concern that the change would reduce revenue or potentially put them out of business.

At Tuesday’s meeting, some councilmembers felt the initial definition of youth-oriented establishments was too broad and agreed that it needed to be narrowed. Some also said the ordinance was not meant to punish businesses, but stricter rules needed to be established to protect youth.

Councilmember Jovita Mendoza stated that the school district had come forward requesting assistance.

“I wish we had an SRO (school resource officer) here because they can tell you the problems we have at our schools right now, the bathroom. My kids have graduated, thank God, because they couldn’t even use the bathroom in the schools because everyone was smoking and vaping and doing things they shouldn’t be doing,” said Mendoza. “Someone said that it’s the parents and the teachers who should be doing things. It was our school that came up and said, ‘Hey, we need help. We can’t do this alone,’ and so that was a catalyst for everything that we’re doing.”

Vice Mayor Pa’tanisha Pierson said the council took the voices of residents and business owners into consideration.

“But we are not going to make everyone happy, and so we’ll try our best,” said Pierson. “This is what we do on council.”

The newly passed ordinance also capped the number of tobacco retailer licenses within the city at 41.

All tobacco retailers must be registered to obtain a license within 30 days from Oct. 9, when the ordinance is expected to take effect.

Existing tobacco retailers who do not meet the 500-foot separation requirement will be issued a 12-month “Wind-Down Permit,” which provides businesses some time to sell their tobacco products and stocks, or wind down their tobacco retail operations.

Interim City Manager Darin Gale said this will give retailers time “to figure things out,” since they are no longer able to sell tobacco-related products.

However, it is unknown how many businesses will be directly impacted by the ordinance yet, Mayor Susannah Meyer said.

“We will not know how many businesses are impacted until staff have the chance to redraw the (city’s) map with the new definition and distance,” said Meyer.

During public comment on Tuesday, Matt Strauch, from Strauch & Company and Strauch Brother Incorporation, who own and operate two ARCO AM/PM stores in Brentwood, said he and his brother have “poured decades of hard work” to develop their businesses.

Strauch said the company has gone “above and beyond” in terms of tobacco compliance and has trained every staff member to check for identification for customers under 35.

“We don’t sell flavored vapes, the product kids actually seek out, but this ordinance treats us the same as businesses that haven’t followed the rules. It puts a huge part of our revenue at risk, not because of anything we’ve done wrong, but simply because of where we’re located,” said Strauch.

He said that other cities have taken a more “compassionate approach” and have allowed license transferability, as well as exempting existing businesses from the distance buffer.

Ronit Shirwagi, a member of the Courage Youth Health Coalition and a senior at Dougherty Valley High School in San Ramon, said tobacco products among high schoolers have been extremely prevalent and accessible.

He said many students take up smoking due to peer pressure and educating students on the dangers of nicotine and tobacco can only do so much.

“Having the proper policy changes like the one proposed will be the most significant change that will reduce teens’ access to tobacco retailers,” said Shirwagi. “With the right policies in place, students will be protected from the pressures and easy access that fuel this issue and will be one more step closer in creating a smoke-free society.”