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The Santa Rosa City Council deadlocked this week over tobacco licensing regulations intended to curb youth smoking by banning the sale of flavored tobacco and electronic cigarettes and restricting the number of retailers. The vote Tuesday rejecting the proposed ordinance came amid growing concern from several members, chief among them Vice Mayor Mark Stapp, over the fallout for business owners. The failure was a sudden blow to a coalition of health groups, community members and concerned parents whose campaign has been successful in strengthening anti-smoking regulations at other local governments in Sonoma County. This is a proven way to reduce accessibility to these products to youth. The council agreed to change that and build a policy to curb youth smoking in March when it directed staff to develop a tobacco retail license similar to anti-smoking regulations Petaluma passed in The resulting ordinance would have been one of the toughest, and it earned the first of two required votes from the council on May But the dissension-filled second hearing on Tuesday laid bare the political fault lines over the proper reach and weight of government power on private businesses. He also said the proposed fine structure was too severe. Government regulations are one of the risks assumed in business, Fleming said, and while limiting license transfers could prohibit some new owners from selling tobacco products, that was the point. It was a rare public split among the council and a rare rebuke of a proposal that a majority of council members had previously endorsed. The item was pulled off the consent agenda, where it would have been approved along with dozens of other routine items. The ensuing hourlong discussion was largely bogged down by debates on how to best move forward and questions about what implications a vote to approve, amend or oppose the ordinance as written would have on their ability to enact a retail license or make future changes. Council members offered changes on the dais and made parliamentary maneuvers to refocus the discussion. Ultimately, a motion to adopt the ordinance as introduced at the May 21 meeting failed, with Mayor Natalie Rogers, Council member Jeff Okrepkie and Stapp voting against it. Council member Chris Rogers, who was likely to have supported the measure as proposed, was absent following the recent birth of his son. But his presence may have only resulted in a deadlock as Council member Eddie Alvarez recused himself because he owns a cannabis dispensary. Natalie Rogers, in an interview Wednesday morning, said she anticipates staffers will revise the ordinance and bring it back for consideration at a future meeting, potentially set for July Fleming told The Press Democrat the decision was a missed opportunity to address a critical public health issue. McGarry said she plans to continue reaching out to council members as the conversation continues. The proposal would have banned the sale of flavored tobacco products, the sale of any electronic tobacco smoking devices and prohibited local retailers from selling products online. The new owner would have to comply with a proposed foot setback between youth-oriented areas such as parks and schools. The goal of the ordinance is to limit access to tobacco products among minors, not burden local businesses, he said. Natalie Rogers and Okrepkie raised a similar point during the May 21 meeting. Retailers would lose their license after four or more violations. Penalties are closely in line with those in other cities and in unincorporated Sonoma County, and code enforcement officials would have flexibility when handing out consequences, Assistant City Manager Jason Nutt said. Substantive changes to the ordinance, like the ones the council appeared to be considering, would have required the ordinance to be reintroduced at a future meeting and the council to take two new votes. McGarry, the anti-smoking advocate, said she anticipated there would be discussion around the license transfer and other aspects of the ordinance but she was somewhat surprised the measure failed. Rogers, on Wednesday, said the license transfer provision, in particular, will likely have to be revised in order to address concerns raised by council members. Other tweaks may be needed, too, she said. McGarry said she would be fine with the proposed changes discussed at the meeting but said it was critical that the city have an ordinance on the books that will strengthen state regulations and give the city more tools to address bad actors. The sooner the better. You can reach Staff Writer Paulina Pineda at or paulina. On X Twitter paulinapineda June 5, There are retailers in Santa Rosa that hold a state license to sell tobacco products. Stapp said limiting license transfers would undercut the value of a business if it were sold. There also was some debate over amending penalties for violating the ordinance. MacDonald said the proposed penalties were appropriate. Another option open to the council Tuesday: continue the item and hold off on a vote. No profanity, hate speech or personal attacks. No off-topic remarks. No disinformation about current events. We will remove any comments — or commenters — that do not follow this commenting policy. Send a letter to the editor.

Santa Rosa council backpedals earlier endorsement of tobacco regulations

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