A proposed ban on the sale and use of tobacco for those under the age of 21 within city limits failed to gain traction among the majority of the Sedona City Council.
In February, members of the Yavapai Anti-Tobacco Coalition of Youth appeared before council to discuss Tobacco 21 — an emerging policy to increase the age from 18 to 21 to legally purchase all tobacco products.
At the end of that discussion, council directed staff to draft a resolution and ordinance amending the city code, which would prohibit the sale, possession and use of tobacco or vapor products for anyone under the age of 21.
The proposed ordinance stated, “A person under the age of 21 years of age who knowingly possesses, uses, buys, attempts to buy or knowingly accepts or receives from any person, or has in his or her possession, cigars, cigarettes, cigarette papers or smoking or chewing tobacco of any kind, is guilty of a petty offense and may be punished by a fine of up to $300.”
In addition, it stated that a retailer who violated any provision of this chapter would be subject to a fine not to exceed $500 plus applicable fees, fines and assessments for the first offense. Subsequent offenses thereafter shall not exceed $2,500 in fines, plus applicable fees and assessments.
While there appeared to be momentum for this type of law in February by many on council, that waned by their Tuesday, May 22, meeting.
Everyone on council applauded the efforts of YATCY, who last year convinced the city of Cottonwood to pass a similar law. While the council wished to keep tobacco products out of the hands of minors, some said that at 18, they are adults and should be free to make that decision. Others like Councilman John Currivan said the city should try and avoid being part of patchwork laws throughout the state, since only a handful of cities have a similar law.
“I think we need to treat adults as adults,” Currivan said, noting that those 18 and older can vote, own a firearm and serve in the military and on a jury. “I heard a comment a while ago that we need to protect our children. Of course we need to protect our children, but we’re not talking about children. We’re talking about adults.”
In terms of crating a patchwork law, he added, “Every time you go into a different state you need to know what their laws are, but that’s very different from saying that you’re going to need to know the laws in every town you drive through in Arizona. We shouldn’t be adding to that problem.”
Councilman Tom Lamkin concurred and added, “While this has great intent, it’s focused on the wrong audience. Instead of a city-by-city basis, you need to go to the federal government and really push hard to try and get it changed.”
Councilman Jon Thompson said he was in favor of the proposed ordinance as it was presented. While they were not in favor of a full ban, Thompson later joined Mayor Sandy Moriarty and Councilman Scott Jablow in their desire to modify the ordinance to focus just on the banning of the sale of tobacco products to those under 21. Moriarty said she didn’t feel that had enough backing from the rest of the council, so no official vote was taken.
“I think this is why the kids [of YATCY] came,” Moriarty said. “If the cities start to support it, that would be a louder voice at the Legislature.”
Ron Eland can be reached at 282-7795, ext. 122 or by email at reland@larsonnewspapers.com
