Edan Lazarus-Abundez, a student representative of the Sweetwater Union High School District, says underage smoking is a huge problem at his South County school.
“For students like me, I’ve often seen my peers go to school with a vape or cigarette in their hand,” he told National City leaders Tuesday. “They’ll smoke in bathrooms and sometimes even in the class, hiding it by exhaling into their backpack.”
Compelled by his and others’ testimonies, the City Council voted to explore creating a tobacco retail license policy intended to curb smoking among minors.
The rules would require retailers to obtain an annual permit to sell tobacco products; comply with state and federal laws regulating packaging, labeling and pricing; and ban flavored tobacco products. The ordinance would also prohibit new licenses within 1,000 feet of youth-oriented facilities, another tobacco store or a cannabis retailer. It would also cap the number of retail licenses at one per 2,500 residents.
According to an assessment by nonprofit SAY San Diego, there are more than 50 retailers within National City. Should the city limit licenses to one per 2,500 residents, only up to 22 would be allowed for approval. Assuming most existing retailers get a license, no new tobacco retail licenses would be permitted without attrition, city staff said.
A draft ordinance could come before officials for a vote in May, said Martin Reeder, the city’s assistant director of Community Development. If adopted, National City would join the county and several other cities with tobacco retail license programs, including Chula Vista, El Cajon, Escondido, Lemon Grove, Oceanside, San Diego, San Marcos, Solana Beach and Vista.
National City may implement a policy similar to that of Chula Vista and the county. Chula Vista’s program, administered by its police department, charges $322 per year and requires compliance checks every two years. In addition to a city tobacco retailers permit, businesses are required to maintain a state permit. The county’s fee is $730 per year and requires annual compliance checks with decoy operations.
Reeder said the city could charge fees closer to that of the county, conduct checks at least every two years and have decoy operations dependent on staff workload.
SAY San Diego found that of the 54 tobacco retailers and 16 schools in National City, 81% of schools are located within 1,000 feet of such stores. A 2021 study by San Diego State University and the Sweetwater school district found that 42 percent, or 300 students, get vaping products at convenience stores and vape shops. Another study found that 18% of stores in National City sold tobacco products to an underage volunteer and 26% of store clerks failed to ask investigators for their ID.
“The aim of this program is not to prevent people that are lawfully allowed to purchase and use tobacco or vaping products; it’s not targeting that population,” said Councilmember Luz Molina. “But if there are kids that are getting access to this stuff and … if there’s something that we can do and we have the power to do it, then we should.”
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