HomeMy WebLinkAbout03 - Adding Chapter 6.30 Prohibition of Sale and Distribution of Flavored Tobacco ProductsQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
October 14, 2025
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: Brad Miller, Lieutenant - 949-644-3750, bmiller@nbpd.org
TITLE: Ordinance No. 2025-26: Adding Chapter 6.30 Prohibition of Sale and
Distribution of Flavored Tobacco Products
ABSTRACT:
For the City Council's consideration is the second reading and the adoption of
Ordinance No. 2025-26, which would add Chapter 6.30 to the Newport Beach
Municipal Code, Prohibition of Sale and Distribution of Flavored Tobacco Products in
Newport Beach. The ordinance was introduced and considered at the Newport Beach
City Council's September 23, 2025 Regular Meeting.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct a second reading and adopt Ordinance No. 2025-26, An Ordinance of the
City Council of Newport Beach, California, Amending Chapter 6.25 (Regulation of
Smoking in Public Areas) and Adding Chapter 6.30 (Prohibition of Sale and
Distribution of Flavored Tobacco Products) to Title 6 (Health and Sanitation) of the
Newport Beach Municipal Code, Relating to Smoking and Tobacco Sales.
DISCUSSION:
At its September 23, 2025 meeting, the Newport Beach City Council introduced and
passed to second reading Ordinance No. 2025-26, which would ban the sale and
distribution of flavored tobacco products in Newport Beach.
The City of Newport Beach, like many communities across California, is facing growing
public health and safety concerns related to the sale and use of flavored tobacco
products. Flavored tobacco products, including flavored e-cigarettes, menthol cigarettes,
cigarillos, shisha, and smokeless tobacco, are often marketed in ways that increase their
appeal to youth. The use of fruit, mint, candy and other characterizing flavors can reduce
the perceived harshness of nicotine, which may encourage experimentation and increase
the potential for long-term use.
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Ordinance No. 2025-26: Adding Chapter 6.30 Prohibition of
Sale and Distribution of Flavored Tobacco Products
October 14, 2025
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Data from the California Youth Tobacco Survey (2023) indicates that 21.6% of California
high school students had used a tobacco product, and 85.6% of those reported using
flavored products. Research consistently shows that young smokers are more likely to
initiate use with flavored products, and those who do are at significantly higher risk of
becoming long-term tobacco users. Nicotine exposure during adolescence can alter brain
development, impair learning and memory, and increase susceptibility to future substance
abuse.
To help address these concerns, the California legislature enacted Health & Safety Code
104559.5 in 2024, which prohibited the retail sale of most flavored tobacco products.
Additionally, the law expressly authorizes local jurisdictions to adopt stricter measures to
better restrict access to tobacco products. Without local enforcement authority, flavored
tobacco products can remain accessible through retailers who exploit and ignore the law.
By prohibiting the sale and distribution flavored tobacco products, Newport Beach will
close gaps in state law, provide clarity for retailers, and give law enforcement the
discretion needed to enforce violations effectively. This ordinance aligns with the City's
responsibility to protect public health and safety, particularly for youth and vulnerable
populations, and reinforces Newport Beach's commitment to maintaining a healthy,
family -friendly community.
FISCAL IMPACT:
There is no fiscal impact related to this item. Should the proposed ordinance be adopted
by the City Council, the City will serve notice to retailers regarding the prohibition. Any
costs associated with the noticing efforts can be absorbed within the current budget.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2025-26
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ATTACHMENT A
ORDINANCE NO. 2025-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 6.25 (REGULATION OF SMOKING IN PUBLIC
AREAS) AND ADDING CHAPTER 6.30 (PROHIBITION OF
SALE AND DISTRIBUTION OF FLAVORED TOBACCO
PRODUCTS) TO TITLE 6 (HEALTH AND SANITATION) OF
THE NEWPORT BEACH MUNICIPAL CODE, RELATING
TO SMOKING AND TOBACCO SALES
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs, subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and further grants
the City Council the power to exercise, or act pursuant to any and all rights. powers, and
privileges or procedures granted or prescribed by any law of the State of California;
WHEREAS, California Health and Safety Code Section 104559.5 ("Section
104559.5") prohibits the sale and distribution of flavored tobacco products, largely
because these flavored products were marketed to youth and young adults, and young
smokers were more likely than older smokers to have tried these products:
WHEREAS, Section 104559.5 specifically provides that a city may adopt local
laws that impose greater restrictions on access to tobacco products than state law;
WHEREAS, in 2023, the California Department of Health and Safety reported
that 21.6% of California high school students had used a tobacco product and of those
students who were currently using tobacco products, 85.6% reported using flavored
tobacco products (Results of the 2023 California Youth Tobacco Survey);
WHEREAS, California law allows the sale of flavored shisha (hookah tobacco)
under specific conditions, which has allowed greater access to underage users;
WHEREAS, use of flavored tobacco by underage users has been shown to
increase the likelihood that underage users of tobacco will become a long-term tobacco
users;
WHEREAS, flavored tobacco and flavored products used in electronic nicotine
delivery systems present health, welfare, and public safety issues for cities, in particular
the youth, -
WHEREAS, flavored tobacco products contain addictive nicotine which increases
the risk for future addiction to other drugs, especially in children, and potentially expose
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Ordinance No. 2025-
Page 2 of 8
both the users and bystanders to other harmful substances, including heavy metals,
volatile organic compounds, and ultrafine particles that can be inhaled deeply into the
lungs;
WHEREAS, Section 6.25.060 (Penalties) limits prosecution for violations of
Chapter 6.25 (Regulation of Smoking in Public Areas) to an infraction; however. the City
has seen an increase in smoking in prohibited locations, and law enforcement needs
the discretion to have these crimes prosecuted as misdemeanors; and
WHEREAS, in the interest of the health, welfare, and safety of the residents and
visitors to Newport Beach, the City Council finds that greater penalties are necessary to
deter smoking on public property and additional regulations are needed to limit the sale
and distribution of flavored tobacco products to those who are underage.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: Section 6.25.010 (Definitions), of Chapter 6.25 (Regulation of
Smoking in Public Areas), of Title 6 (Health and Sanitation), of the NBMC is hereby
amended and shall read as follows.
6.25.010 Definitions.
For the purpose of this chapter, certain words and phrases shall be construed
herein as set forth in this section unless it is apparent from the context that a
different meaning is intended. -
"Enclosed" means closed in by a roof and four walls with appropriate openings
for ingress and egress.
"Characterizing flavor" means a taste or odor, distinguishable by an ordinary
consumer either prior to or during the consumption of a tobacco product, other
than the taste or odor of tobacco, including, but not limited to, tastes or odors
relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation
distinguishable by an ordinary consumer during the consumption of a tobacco
product.
"Constituent" means any ingredient, substance, chemical, or compound, other
than tobacco, water, or reconstituted tobacco sheet, which is added by the
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Ordinance No. 2025-
Page 3 of 8
manufacturer to a tobacco product during the processing, manufacture, or
packing of the tobacco product.
"Flavored tobacco product" means a tobacco product that contains a constituent
that imparts a characterizing flavor including, but not limited to, flavored shisha
tobacco, flavored shish tobacco products and fluids, flavored cigarette wraps, as
well as any tobacco product which is not listed on the Unflavored Tobacco List
established and maintained by the Attorney General pursuant to California Health
and Safety Code Section 104559.1, other than flavored loose-leaf tobacco and
premium cigars.
"Premium cigar" means any cigar that is handmade, is not mass produced by use
of mechanization, has a wrapper, which is made entirely from whole tobacco leaf,
and has a wholesale price of no less than twelve dollars ($12). A premium cigar
does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
"Tobacco product" means a product containing, made, or derived from tobacco or
nicotine that is intended for human consumption including a flavored tobacco
product, cigarettes, cigars, little cigars, pipe tobacco; and an electronic device
that delivers nicotine or other vaporized liquids to the person inhaling from the
device, including an electronic cigarette, cigar, pipe, or hookah.
"Smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted
smoking equipment for any tobacco product, cannabis, or any other weed or
plant. "Smoke" and "smoking" shall include inhaling or exhaling e-liquid, vape
juice, nicotine, cannabis, cannabidiol, terpenes, synthetic cannabinoids or other
chemicals or substances in an aerosolized or vaporized form.
Section 2: Section 6.25.020 (Regulation of Smoking in Public Places) is
hereby amended, and shall read as follows:
6.25.020 Regulation of Smoking in Public Places.
Within the jurisdiction of the City, it shall be unlawful for a person to:
A. Smoke tobacco products in elevators in buildings generally used by and
open to the public, including elevators in office, hotel and multifamily buildings;
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Ordinance No. 2025-
Page 4 of 8
B. Smoke tobacco products in public areas of health care facilities and
hospitals, as defined in California Health and Safety Code Section 1250, except
in specially designated smoking areas, which may be all or part of a public area;
C. Smoke tobacco products in hearing rooms, conference rooms, chambers,
and places of public assembly in which public business is conducted;
D. Smoke tobacco products in a publicly or privately owned theater,
auditorium, or other similarly enclosed facility which is open to the public for the
primary purpose of exhibiting any motion picture, stage production, musical
recital, sporting event, or any other performance;
E. Smoke tobacco products in service lines in which more than one person is
giving or receiving services of any kind,-
F. Smoke tobacco products within fifty (50) feet of any area posted as a
nonsmoking area::
G. Smoke tobacco products within one thousand (1,000) feet of a school or
day care center:
H. Smoke tobacco products within fifty (50) feet of any outdoor dining area
lawfully provided by an eating and drinking establishment;
I. Smoke tobacco products in any vehicle that is parked on public property, if
the smoking is detectable outside of the vehicle;
J. Smoke tobacco products in any public park, park facility, beach, or the
oceanfront boardwalk or within one hundred (100) feet of a public park, park
facility, beach, or the oceanfront boardwalk, while the person is located on public
property. This prohibition shall not apply to a person in a car or truck that is being
driven;
K. Smoke tobacco products within fifty (50) feet of any farmers' market or
event that is being conducted pursuant to a special event permit issued by the
City; or
L. Smoke a flavored tobacco product on public property, including, but not
limited to, parks, sidewalks, public buildings, and schools.
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Ordinance No. 2025-
Page 5 of 8
Section 3: Section 6.25.060 (Penalties), of Chapter 6.25 (Regulation of
Smoking in Public Areas), of Title 6 (Health and Sanitation), of the NBMC is hereby
repealed in its entirety, allowing a violation of Chapter 6.25 (Regulation of Smoking in
Public Areas) to be prosecuted as an infraction or misdemeanor.
Section 4: The table for contents for Title 6 (Health and Sanitation) of the
NBMC is hereby amended and shall read as follows. -
Title 6
HEALTH AND SANITATION
Chapters:
6.04 Garbage, Refuse and Cuttings
6.05 Use of Expanded Polystyrene Disposable Food Service Ware
6.06 State Mandated Municipal Solid Waste Diversion Programs
6.08 Food Handling Services
6.25 Regulation of Smoking in Public Areas
6.30 Prohibition of Sale and Distribution of Flavored Tobacco Products
Section 5: Chapter 6.30 (Prohibition of Sale and Distribution of Flavored Tobacco
Products) of Title 6 (Health and Sanitation) of the NBMC is hereby added and shall read
as follows:
Chapter 6.30
PROHIBITION OF SALE AND DISTRIBUTION OF FLAVORED
TOBACCO PRODUCTS
Sections:
6.30.010 Definitions.
6.30.020 Sale and Distribution of Flavored Tobacco Products Prohibited.
6.30.010 Definitions.
For the purposes of this chapter, the following words and phrases have the
meaning set forth in this section:
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Ordinance No. 2025-
Page 6 of 8
"Characterizing flavor" means a taste or odor, distinguishable by an ordinary
consumer either prior to or during the consumption of a tobacco product, other
than the taste or odor of tobacco, including, but not limited to, tastes or odors
relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation
distinguishable by an ordinary consumer during the consumption of a tobacco
product.
"Constituent" means any ingredient, substance, chemical, or compound, other
than tobacco, water, or reconstituted tobacco sheet, which is added by the
manufacturer to a tobacco product during the processing, manufacture, or
packing of the tobacco product.
"Distribute" means to furnish, give away, exchange, transfer, deliver or supply,
whether or not for monetary gain.
"Flavored tobacco product" means any tobacco product that contains a
constituent that imparts a characterizing flavor including, but not limited to,
flavored shisha tobacco, flavored shish tobacco products and fluids, flavored
cigarette wraps, as well as any tobacco product which is not listed on the
Unflavored Tobacco List established and maintained by the Attorney General
pursuant to California Health and Safety Code Section 104559.1, other than
flavored loose-leaf tobacco and premium cigars.
"Premium cigar" means any cigar that is handmade, is not mass produced by use
of mechanization, has a wrapper, which is made entirely from whole tobacco leaf,
and has a wholesale price of no less than twelve dollars ($12). A premium cigar
does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.
"Sell" or "sale" means to furnish, exchange, transfer, deliver, or supply for
monetary gain.
"Tobacco product" means any of the following: a product containing, made, or
derived from tobacco or nicotine that is intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed,
or ingested by any other means, including cigarettes, cigars, little cigars, chewing
tobacco, pipe tobacco, or snuff; an electronic device that delivers nicotine or
other vaporized liquids to the person inhaling from the device, including an
electronic cigarette, cigar, pipe, or hookah; or any component, part, or accessory
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Ordinance No. 2025-
Page 7 of 8
of a tobacco product, whether or not sold separately. A Tobacco product does
not include a nicotine replacement product approved by the United States Food
and Drug Administration.
6.30.020 Sale and Distribution of Flavored Tobacco Products Prohibited.
It shall be unlawful for any person to sell, advertise for sale, offer for sale, or
distribute, directly or indirectly, any flavored tobacco product in the City.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 8: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 9: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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Ordinance No. 2025-
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Section 10: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 23rd day of September, 2025, and adopted on the 14tn
day of October, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Molly Perry, Interim City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron C. Harp, City Attorney
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