Lorain Council discusses tobacco licensing

LORAIN — Lorain may require tobacco retailers to get licenses to continue selling, but not without discussion first. City Council heard from Lorain County Public Health and the American Heart Association in support of a rule requiring retailers carrying tobacco or vaping products to register with Lorain County Public Health and face repercussions if the businesses sell to underage individuals. The proposed ordinance would require retailers selling tobacco, including gas stations, convenience stores and standalone smoke shops, to apply for a $450 license. The number of retailers could be limited — though current stores would be preapproved — and could limit how close retailers could be to one another, or to a "youth-oriented facility." The goal of the legislation is to curb tobacco sales to underage individuals, with the potential funds raised from the licensing fee and any fines going toward the licensing program itself and smoking cessation programs. LCPH Health Education Specialist Kat Bray called vaping an epidemic, with an estimated nearly 17 percent of surveyed middle and high schoolers in Lorain County having used a vaping product. Under the proposal, LCPH would facilitate the licensing, including compliance checks to make sure retailers aren't selling to individuals under 21 years old. Ohio raised the age of purchasing tobacco products to 21 in 2019. Wendy Hyde, Ohio/Michigan regional director for the Preventing Tobacco Addition Foundation said they conducted undercover buys in local retail shops and found some didn't ask for IDs, some took $20 cash for a $15 product when selling to underage individuals and pocketed the difference, and some clerks scanned their own IDs to allow the sale to go through. A tobacco retail license would close the loop of illegal underage sales, as repeat violations could incur fines or the revocation of a business's tobacco sales license. Dustin Holfinger, state government relations director for the American Heart Association said the proposed legislation would ensure local accountability, with a strong retailer license program reducing youth access to tobacco products. Dan Nutt, D-4th Ward, said he was supportive of the licensure program but was concerned about a potential provision limiting the transfer of the licenses — as liquor licenses are transferable between retailers. He also questioned the limit on retailers being within 1,500 feet of "youth-oriented facilities," as the scope of "youth-oriented facilities" was exceedingly broad. The legislation was sent to the committee for further discussion. In other news City Council did not excuse Cory Shawver, D-7th Ward, from Monday's meeting, docking the councilman's salary by $246. Council rules require a majority of members to excuse an absent councilperson from a regular meeting. Rey Carrion, D-6th Ward, said his motion to not excuse Shawver was not a personal attack, but said Council is the only body that can enforce its attendance rule. "If we expect the public to follow laws, then we need to follow them too," he said. The measure to not excuse Shawver passed 6-3 with Beth Henley, D-1st Ward, Pam Carter, D-3rd Ward, and Mary Springowski, D-at Large, voting against it. Shawver said Monday evening he was on a previously scheduled vacation and was not concerned about Council's vote, citing political differences within the city's Democratic Party. Contact Carissa Woytach at (440) 329-7245 or cwoytach@chroniclet.com.