The city council voted unanimously on Tuesday to begin the amendment process. unified development codeIt determines zoning across the city and regulates how far smoking areas can operate from existing tobacco shops, schools and other locations.

Tucson’s zoning code currently classifies smoke shops in the same manner as convenience stores, with no restrictions on how far retailers must operate from other defined uses.

Loose zoning codes have led to a proliferation of smoke shops in vulnerable areas, ready access to drug paraphernalia, increased supplies of nicotine products, and increased use of e-cigarette products among young people, it said. The speaker told council members at a meeting on Tuesday.

Tucson has its sights set on other Arizona cities like Phoenix, Tempe, and Avondale. These cities have various zoning codes that prohibit tobacco retailers from operating 500 feet to a quarter mile from other smoke shops, nightclubs, schools, parks and places of worship. .

Tucson became the fifth Arizona city to raise the legal age to purchase tobacco products from 18 to 21 in October 2019 before federal law made the same change at the end of the year.

of Ordinances Regulating the Sale of Tobacco All retailers have said they must require identification from anyone who “appears to be under the age of 30” to purchase tobacco products.

Violations are subject to a graduated penalty structure, with each subsequent offense leading to higher fines and longer license suspension periods. However, high school students said the lack of crackdowns by Congress and the proximity of tobacco shops to their schools encouraged nicotine addiction among their classmates.

Desert View High School juniors Angelica Martinez and Angela Moreno said the school district seized £25 of e-cigarette products during the first semester. Students watch their classmates sneak up to the back of the classroom to take frequent restroom breaks or to inhale nicotine by blowing smoke into their backpacks.

More than 1 in 10 middle and high school students reported using an e-cigarette product in the past 30 days, according to an online survey conducted between January and May 2022. U.S. Food and Drug Administration data frontMore than 14% of high school students reported currently using e-cigarettes, and the most common device reported was a single-use, flavored e-cigarette device commonly sold in smoke shops.

“We want to protect ourselves and our peers from constant and sustained exposure to tobacco paraphernalia,” Moreno told council members. We want them to be tougher on tobacco retailers who seek to profit from harming the young people they actively target.”

The students suggested to the city that tobacco retailers verify everyone’s ID regardless of apparent age, log all ID checks, and schedule more regular retailer inspections. .

Changing smoke shop zoning codes is a lengthy process, but Mayor Michael Ortega said, “We are committed to ensuring that enforcement happens immediately and expeditiously.”

When Tucson raised the tobacco-buying age to 21, it did so “without comparison laws at the county, state or federal level,” said Ortega chief of staff Lane Mandle. The city has increased the cost of obtaining a tobacco license within its limits to $300 annually in anticipation of having to fund increased enforcement efforts such as regular check-ins.

But just a few months after the ordinance was passed, the federal minimum selling age followed the city, creating a “partner in regulatory coherence and enforcement with the FDA,” and a focus of licensing funding on “retailers.” education,” said Mandl. .”

Mandle said staff will return to the council within the next 90 days to provide more information on preventing underage tobacco purchases.

Jamal Givens, CEO of the Liberty Partnership Kino Neighborhoods Council, a non-profit organization that combats youth alcohol and drug consumption throughout Tucson’s Southside communities, Ward 5 Council member Richard Fimbres, Pima County Health Department, and the Tucson Police Department to develop strategies on how to reduce youth tobacco use. He visited the department for seven months before speaking at the city council on Tuesday.

Smoke shops have proliferated south of Tucson, but Givens says their numbers and the products they offer are causing problems throughout the county.

“One of the most frustrating things about being a person of color is that people look to the South and say they have a problem with drugs, alcohol and tobacco. We are happy to work across the county and all schools are working on this issue,” he said.

But Givens has seen a significant increase in the number of smoke shops on the south side, especially along the stretch of 12th Street, where there are at least 10 smoke shops within two miles.

Changing how far away smoking areas can operate from other designated uses could reduce the number of smoking areas, but those changes will take some time to materialize. The Planning Commission reviews proposals, recommends a range of zoning changes, and holds public hearings on amendments to the Unified Development Code. The City Council can consider and adopt final changes after holding its own public hearings.

However, this change will only apply prospectively to smoke shops that begin operations after the new zoning code is adopted. Existing tobacco retailers will not be forced to comply with the new zoning changes.

New land use requirements may also subject the city to compensation claims under Arizona law. Proposal 207This requires the government to reimburse businesses if their revenues are reduced by the new land use code.

However, city attorney Mike Rankin said the fact that the new zoning regulations apply only to new smoke shops greatly reduces the city’s risk.