Smoke Free Marin Licensing and Zoning Campaigns Elizabeth Emerson, M.A. Project Director: Marin County Tobacco Education Program

Results To DateResults to Date Ten Communities plus County Unincorporated City of San Rafael has a three year old licensing ordinance which is inadequate because fees are not high enough to pay for enforcement. City of San Rafael also enacted a zoning ordinance this Spring. City of Novato has a zoning ordinance that was integrated into existing code. It includes a residential setback. County of Marin recently enacted TALC’s model zoning ordinance.

Challenges Each Campaign took months (and months) Not a high priority for the cities Concerns about lawsuits caused the dropping of amoritization of tobacco stores.

Smoke Free Marin New Ordinances Used TALC’s model ordinances Zoning ordinances includes restricting tobacco retailers within 1000’ near schools, day care centers, libraries, and we added transit centers, arcades, residential zones and shopping centers. The City of San Rafael added shopping centers at the request of the Smoke Free Marin Coalition and a neighborhood group called West End Neighbors Against Cigarettes Cheaper.

Coalition Licensing Model Ordinance Requires 2-4 enforcement operations per year Licensing fees are based on actual cost of enforcement, with provisions for increases due to inflation Retailer permit revoked after continuous violations

Next Steps Coalition will shop model ordinances around to city councils Coalition will present model ordinances at monthly county wide meeting of city council members and mayors Coalition will present model ordinances at monthly meeting of city managers