TO: Planning Commissioners
FROM: Beth Lindauer, Community Development Director
SUBJECT:
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CONSIDERATION OF THE RECOMMENDATION TO CITY COUNCIL OF A TOBACCO RETAILER LICENSING ORDINANCE
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RECOMMENDED COUNCIL ACTION:
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Staff recommends that the Planning Commission adopt Resolution No. 2026-19 recommending that the City Council approve the proposed Tobacco Retail Licensing Ordinance.
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SUMMARY:
While the State licenses tobacco retailers, enforcement of retail sales within individual communities is often limited. As a result, many California jurisdictions have adopted local Tobacco Retail Licensing (TRL) programs that complement, not replace, the State licensing system by providing local agencies with administrative tools to educate retailers, monitor compliance, and enforce existing tobacco laws. The proposed ordinance does not prohibit the lawful sale of tobacco products to adults, create new restrictions on legal purchasers, or establish new criminal offenses. Rather, it provides a local administrative framework to support compliance with existing State and federal laws designed to prevent the illegal sale of tobacco products to minors.
DISCUSSION:
Since the last Commission meeting, staff has continued evaluating the program and has completed several significant actions that were not available during the Commission's initial discussion.
Most notably, the City has:
• Submitted an application for the California Department of Justice Tobacco Grant Program;
• Developed a collaborative enforcement strategy with the Red Bluff Police Department;
• Obtained formal letters of support from the Tehama County District Attorney's Office;
• Obtained letters of support from the Red Bluff Joint Union High School District and Red Bluff Union Elementary School District;
• Coordinated proposed enforcement activities among local agencies; and
• Further evaluated the City's ability to implement the program using outside grant funding rather than relying solely upon local resources.
These additional efforts reinforce that the proposed ordinance is intended to serve as a collaborative youth protection initiative rather than simply establishing another permitting requirement.
PURPOSE OF THE ORDINANCE
The ordinance does not create new restrictions on responsible businesses; rather, it provides the City with limited local authority to educate retailers, monitor compliance with existing laws, and address repeated violations involving the sale of tobacco products to minors.
A local Tobacco Retail Licensing program allows the City to:
• Maintain an accurate inventory of tobacco retailers;
• Provide consistent education regarding changing State laws;
• Conduct compliance inspections;
• Coordinate enforcement with local law enforcement;
• Suspend or revoke permits for repeated violations; and
• Encourage voluntary compliance before violations occur.
Rather than creating new laws, the ordinance provides local tools to enforce laws that already exist.
The proposed ordinance:
• Does not prohibit lawful tobacco sales.
• Does not regulate adult consumers.
• Does not create new criminal violations.
• Does not impose zoning restrictions on existing retailers.
COMMUNITY SUPPORT
Since the Planning Commission's initial review, numerous community organizations have formally expressed support for the City's efforts. Letters supporting the City's proposed tobacco enforcement initiative have been received from the Red Bluff Police Department, Tehama County District Attorney's Office, Red Bluff Joint Union High School District, and Red Bluff Union Elementary School District.
These organizations collectively recognize youth access to tobacco products and vaping devices as an ongoing community concern and support a coordinated enforcement and education program to reduce illegal sales to minors.
YOUTH TOBACCO USE REMAINS A SIGNIFICANT PUBLIC HEALTH CONCERN
Although adult tobacco use is legal, preventing youth nicotine addiction remains a statewide public health priority.
Research consistently demonstrates:
• Nearly all adult tobacco users begin before age 21.
• E-cigarettes remain the most commonly used tobacco product among youth.
• Flavored tobacco products continue to drive youth experimentation.
• Nicotine exposure during adolescence increases the likelihood of lifelong addiction.
• Supports California's existing efforts to reduce youth access by improving retailer education and local enforcement-not by restricting lawful adult purchases.
GRANT FUNDING REDUCES LOCAL COSTS
Following the Commission's initial discussion, the City submitted an application for funding through the California Department of Justice Tobacco Grant Program.
The grant specifically funds local enforcement activities intended to reduce illegal tobacco sales and marketing to minors through:
• Retailer education;
• Compliance inspections;
• Minor decoy operations;
• Shoulder tap operations;
• Enforcement officer training; and
• Multi-agency enforcement efforts.
If awarded, grant funding would significantly reduce implementation costs by supporting enforcement activities with State tobacco tax revenues rather than relying solely upon local General Fund resources.
STAFF ANALYSIS
The proposed Tobacco Retail Licensing Ordinance represents a measured approach to protecting youth while supporting responsible local businesses. Rather than expanding government regulation, the ordinance provides the City with administrative tools to educate retailers, improve compliance with existing State laws, coordinate local enforcement efforts, and protect minors from unlawful access to tobacco products.
Since the Planning Commission's initial discussion, the City has strengthened the proposal through regional partnerships, pursuit of State grant funding, and formal support from local schools, law enforcement, and the District Attorney's Office. Collectively, these efforts demonstrate broad community support for an education-first, enforcement-focused program designed to reduce youth access to tobacco products while respecting the rights of lawful adult consumers and responsible retailers.
PERMIT FEES
Several Commissioners expressed concern regarding potential permit fees. The proposed ordinance does not establish a specific permit fee. Should the ordinance ultimately be adopted, any future fee would be considered separately by the City Council and would be limited to recovering the City's reasonable costs associated with administering the program. California law does not allow regulatory permit fees to exceed the reasonable cost of providing the service. Additionally, outside grant funding may substantially offset program implementation costs during the initial years of the program.
ENVIRONMENTAL IMPACT:
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), the commonsense exemption, because adoption of administrative licensing regulations will not result in a direct or reasonably foreseeable physical impact on the environment.
FISCAL IMPACT:
Implementation costs are anticipated to be partially or substantially offset through grant funding if awarded. Future permit fees, if adopted by the City Council, would be limited to recovering reasonable administrative costs associated with operating the program and would not be intended to generate revenue.
ATTACHMENTS:
1. Exhibit A - Draft Ordinance
2. Exhibit B - Letters of Support & Commitment
PLANNING COMMISSION RESOLUTION NO. 2026-19
A RESOLUTION OF THE RED BLUFF PLANNING COMMISSION REGARDING
WHEREAS, the City of Red Bluff desires to promote responsible tobacco retailing practices and support compliance with applicable federal, state, and local tobacco laws; and
WHEREAS, the proposed Tobacco Retailer Permit Ordinance establishes local regulations governing the retail sale of tobacco products and tobacco paraphernalia within the City of Red Bluff; and
WHEREAS, the proposed ordinance would require tobacco retailers operating within the city to obtain and maintain a Tobacco Retailer Permit for each fixed retail location; and
WHEREAS, the proposed ordinance establishes operational requirements, compliance monitoring procedures, enforcement mechanisms, permit suspension and revocation procedures, and administrative penalties related to tobacco retailing activities; and
WHEREAS, the Planning Commission has reviewed the proposed Tobacco Retailer Permit Ordinance, the staff report, and all public testimony and evidence presented during the original duly noticed public hearing held on May 26, 2026; and
WHEREAS, the Planning Commission finds that the proposed ordinance is consistent with the public health, safety, and welfare objectives of the City of Red Bluff; and
WHEREAS, the Planning Commission further finds that adoption of the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), commonly referred to as the “common sense exemption,” because it can be seen with certainty that the ordinance will not result in a direct or reasonably foreseeable physical change in the environment, and additionally may be categorically exempt pursuant to CEQA Guidelines Section 15308 relating to actions by regulatory agencies for protection of the environment.
NOW, THEREFORE, BE IT RESOLVED ON JULY 28, 2026 by the Planning Commission of the City of Red Bluff as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The Planning Commission finds that the proposed Tobacco Retailer Permit Ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that adoption of the ordinance may have a significant effect on the environment.
SECTION 3. The Planning Commission hereby recommends that the City Council adopt the proposed ordinance adding Article XXVIII, “Tobacco Retailer Permit,” to Chapter 25 of the Red Bluff Municipal Code, substantially in the form presented to the Planning Commission.
NOW THEREFORE, BE IT RESOLVED, BY THE PLANNING COMMISSION OF THE CITY OF RED BLUFF:
The foregoing resolution was adopted at a regular meeting of the Planning Commission held on ___________, by the following vote:
MOTION:
SECOND:
AYES:
NOES:
ABSENT OR NOT VOTING:
ATTEST: _____________________________
Community Development Director
___________________________
Deputy City Clerk