Colorado Politics

Aurora lawmakers cast final vote to adopt tobacco, psychoactive substance retail license

Aurora City Council members cast a final vote Monday creating a retail license that limits and imposes certain restrictions on businesses that sell tobacco and other age-restricted psychoactive products.

The intent of the license is to prevent youth access to such products by requiring local licensure and compliance checks, according to council documents.

It does not ban flavors and existing businesses will be grandfathered from distance restrictions, according to council documents.

Councilmembers unanimously approved the license in a late February council meeting, and officially passed it into law in a final unanimous vote Monday night.

The ordinance, presented by Councilmembers Ruben Medina and Stephanie Hancock, was initially presented in a Management and Finance Committee meeting in November, getting support from Councilmembers Francoise Bergan and Alison Coombs and opposition from Councilmember Curtis Gardner.

In the time since, the ordinance sponsors have made changes to reflect industry feedback and feedback from members of the community and the council.

The license costs $500 annually to support twice-annual local compliance checks. Aurora currently has 340 tobacco retailers. At $500 per license, the program will generate about $170,000 each year, with another $30,000 expected from fines, council documents show.

It requires such businesses to be 1,500 feet from schools and 500 feet from other businesses of the same type. The ordinance also requires 2,000 feet between vape stores and two miles between hookah lounges.

The ordinance imposes more stringent penalties for noncompliance, fining businesses $1,000 for the first violation, $2,000 and a seven-day suspension for the second violation within 36 months, $2,650 and a 21-day suspension for the third violation in 36 months, and a revocation of license on the fourth violation in 36 months.

A second ordinance, that was moved Monday night to the next City Council meeting for a vote, would establish requirements for an annual report on the license’s effectiveness.

Many people have spoken in support of the licensing ordinance during public comment at recent council meetings, including multiple high school students who have talked about their experiences with their peers using such products.

While state requires tobacco shop compliance checks, it does not license kratom, hemp and paraphernalia retail sales, according to council documents. Aurora’s license combines all age restricted products.

The Adams County Board of Health supported the ordinance in a resolution, saying tobacco is the No. 1 cause of preventable and premature death in Colorado.

Julie Dreifaldt, who spoke in late February on behalf of nonprofit One Chance to Grow Up, supported the ordinance, saying more access to products like those limited by the license normalizes and reduces the perceived risks of such products.

“The adolescent brain develops until 25 … during this time of brain maturation, exposure to high THC and other psychoactive substances increases addiction, psychosis, anxiety, depression, suicide ideation and long-term cognitive harm,” Dreifaldt said.

Grier Bailey, the executive director of the Colorado Wyoming Petroleum Marketers and Convenience Store Association, said his board was against the ordinance initially, but has seen that Aurora needs special attention in addressing concerns about youth access to age-restricted products.

“When you’re talking about retailers that are doing the right thing, when you pass an ordinance like this it increases the regulatory burden on them, takes time away and increases the cost on their businesses,” he said. “And sometimes, it’s going to be OK when there’s other members of our community that are not doing the right thing. We do have a shared responsibility to hold our own retailers accountable.”

Councilmember Gardner, who expressed opposition to the ordinance in previous meetings, voted with the rest of the council to approve it after making several amendments, including removing several sections of the ordinance that did not directly apply to the sale of products to youth.



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