Loading...
09-16-19 Town Council PacketTown Council Monday, September 16, 2019 4:00 PM 130 Kearns Road Council Chambers Agenda 1.CALL TO ORDER - Mayor Butler called to order the Regular Meeting of the Snowmass Village Town Council 2.ROLL CALL 3.PUBLIC COMMENT - This section is set aside for the Town Council to LISTEN to comments by the public regarding items that do not otherwise appear on this agenda. Generally, the Town Council will not discuss the issue and will not take an official action under this section of the agenda. (Five Minute Time Limit) 4.CONSENT AGENDA - These are items where all conditions or requirements have been agreed to or met prior to the time they come before the Council for final action. A Single Public Hearing will be opened for all items on the Consent Agenda. These items will be approved by a single motion of the Council. The Mayor will ask if there is anyone present who has objection to such procedure as to certain items. Members of the Council may also ask that an item be removed from the consent section and fully discussed. All items not removed from the consent section will then be approved. A member of the Council may vote no on specific items without asking that they be removed from the consent section for full discussion. Any item that is removed from the consent agenda will be placed on the regular agenda. 4.A.DRAFT AGENDAS Draft Agendas Page 4 4.B.MINUTES FOR APPROVAL 1 Town Council Page - 2 August 5, 2019 Minutes for Approval Page 7 August 19, 2019 Minutes for Approval Page 12 4.C.SECOND READING - ORDINANCE NO. 11, SERIES OF 2019 - AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE GENERAL FUND AND THE POST GRANT FUND FOR THE TOWN OF SNOWMASS VILLAGE. Agenda Summary Ord 11 Page 20 Ord 11 Budget Page 22 4.D.RESOLUTION NO. 36, SERIES OF 2019 - A RESOLUTION OF THE TOWN OF SNOWMASS VILLAGE TOWN COUNCIL OPPOSING EXPANSION OF THE MID-CONTINENT QUARRY, AKA THE TRANSFER TRAIL MINE, AND SUPPORTING COUNTY REGULATION OF THE MINE Agenda Summary Reso 36 Page 24 Reso 36 Opposing Mine Page 25 GWS Mine Briefing Page 27 5.ADMINISTRATIVE REPORTS 5.A.INTRODUCTION OF TOWN PARK DESIGN CONCEPTS Agenda Summary Town Park Design Page 29 Attachment 1 Town Park Design Concepts Page 31 Primary Master Plan Goal Page 36 5.B.CONTINUATION OF OWL/BRUSH INTERSECTION DESIGN Agenda Summary Owl Creek Design Page 55 Attachment A Community Survey Charts Page 57 Attachment B Roundabout Images Page 60 6.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 6.A.DISCUSSION REGARDING BAN ON VAPING AND FLAVORED TOBACCO Agenda Summary Vape and Flavored Tobacco Page 63 Attachment A City of Aspen Ordinance Page 65 Arrachment B Town of Carbondale Ordinance Page 72 Attachment C City of Glenwood Springs Ordinance Page 84 Attachment D City of Boulder Ordinance Page 97 Attachment E CDC Report Page 125 Attachment F Campaign for Tobacco Free Kids Page 127 7.EXECUTIVE SESSION 2 Town Council Page - 3 7.A.Executive Session Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a)Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); and b)Personnel matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24-6-402(4)(f)(I) and Snowmass Village Municipal Code Section 2-45(c)(6); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. Executive Session Page 135 8.ADJOURNMENT 3 DRAFT 2019 Agenda Items • Regular Meetings begin at 4:00 p.m. unless otherwise noted • Work Sessions begin at 4:00 p.m. and aim to end at 6:00 p.m. • The dates on which agenda items are listed are only a best approximation. Agenda items are added to this list as they arise. Agenda items may well be moved to different meeting dates. Agendas are generally not finalized until the Thursday prior to the meeting. • In addition to agenda items, this document also lists expected absences of Town Council members. In compliance with section 2-49 of the municipal code, once the consent agenda is approved, the absences noted will be considered to have received the prior approval necessary of the majority of the Council for members to be absent from meetings. 2019 Meetings Mon. Sep. 9th - Work Session (Sirkus Out) • Joint Meeting with POSTR Board • Joint Meeting with PTRAB • Compensation Analysis Review Thurs. Sep 12 4:00 CML Outreach (Sirkus out) • 4:00 p.m. – 5:30 Town Council Chambers • 5:30 p.m. -6:30 p.m. Social Hour Limelight • 6:30 p.m. – 8:00 p.m. dinner Limelight Mon. Sep. 16th - Regular Meeting • Second reading ordinance amending 2019 budget • Discussion regarding flavor tabaco ban • Introduction of Town Park Design Concepts • Continuation of Owl/Brush Intersection design • Executive Session Thur. Sep. 19 – Joint Meeting w/BOCC (Shenk out) • 5:00 p.m. Snowmass Club Mon. Oct. 7th - Regular Meeting • 3 pm – Mall Transit Station Site Visit - Meet at Fuel • 2020 Budget Introduction • Discussion regarding the Mall Transit Station • Review proposed changes to housing regulations • Review results of the employee survey • Prep for EOTC meeting • Executive Session Mon. Oct. 14th - Work Session (Sirkus out) • Joint Meeting with Citizen Grant Review Board • Continued EXTENDED budget review until (7:00 pm) Thurs. Oct. 17th - EOTC Meeting -Aspen to Chair Mon. Oct. 21st - Regular Meeting (Sirkus out) 09-16-19 TC Packet Page 4 of 136 4 DRAFT 2019 Agenda Items • Continued budget review Tourism Department Presentation • Sorenson Art Piece location approval • Executive Session Mon. Nov. 4th – Regular GID Meeting • GID revised Budget 2019 • GID Budget 2020 Mon. Nov. 4th - Regular Meeting • PH and Reso Adopting 2020 Budget • Public Hearing – Road Mill Levy Mon. Nov. 11th -Work Session • GID Budget approval Mon. Nov. 18th - Regular Meeting (Shenk Out) Mon. Dec. 2nd - Regular Meeting Mon. Dec. 9th – Regular GID Meeting • GID – Reso Setting Mill Levy Mon. Dec. 9th - Special Meeting • TC – Reso Setting Mill Levy Mon. Dec. 16th - Regular Meeting 09-16-19 TC Packet Page 5 of 136 5 DRAFT 2019 Agenda Items Topics for Work Sessions or Other Meetings Requested by Town Council Members • Explore the potential of having or creating a not-for-profit to support the arts community in addition the SAAB • Senior Housing Discussion • Broad discussion regarding dogs on trails and leash law enforcement • Discussion regarding putting a tobacco tax on November ballot • Discussion to consider a ban on the sale of flavored tobacco • Review the outdoor smoking ordinance to consider modifications • Update on Daly Town Home regarding retaining wall • How did they do that? • Environmental Discussions/ Approaches: 1) Meet with EAB and prioritize Sustainability goals 2) update on Solar and Renewable Energy for the Town of Snowmass Village 3) Discuss the Climate Reality Project 4) overview of the Re-Op Fund, its uses and successes. 5) a presentation of the Energy Navigator from the EAB/PW 6) discussion regarding how to move energy conservation efforts beyond town government to a community wide effort enabling individuals to help make progress 7) Update Council on solar project that was included in 2019 budget with findings from FAB, etc • Housing strategy: 1) discuss a potential regional approach to aging in place/ work with Pitkin county and county senior services- 2) find ways to encourage/ allow individuals to move from larger homes to smaller homes 3) meeting other needs- such as specific housing for town employees 4) update on current housing construction project 5) update on meeting the overall housing strategy • Action on Necessary IGA’s or other documents regarding “school property tax” distribution • A discussion on potentially allowing camping (RV or other) within the Village • Schedule Updates will all of the Town Boards to review priorities and current initiatives o EAB o FAB o PTRAB o POSTR o Marketing o Grants – Recent Awards; Review of Criteria; Purpose, etc. o SAAB o Planning • RFTA Strategic Priorities Update w. New Mill Levy 09-16-19 TC Packet Page 6 of 136 6 SNOWMASS VILLAGE TOWN COUNCIL 1 REGULAR MEETING MINUTES 2 AUGUST 5, 2019 3 4 1) CALL TO ORDER 5 6 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 7 Council on Monday, August 05, 2019 at 4:00 p.m. 8 9 A complete live recording of this meeting can be found at www.tosv.com under Town 10 Council Meetings. This will be archived indefinitely allowing you to view at any time. 11 12 2) ROLL CALL 13 14 15 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Alyssa Shenk, Bob Sirkus and Markey Butler. 16 COUNCIL MEMBERS ABSENT: Bob Sirkus left before end of the meeting. 17 STAFF PRESENT: Clint Kinney, Town Manager; Travis Elliott, Assistant Town Manager; Julie Ann Woods, Community Development Director; Jim Wahlstrom, Senior Planner; Betsy Crum, Housing Director and Rhonda B. Coxon, Town Clerk 18 PUBLIC PRESENT: Maddie Vincent and other members of the public interested in today’s Agenda items. 19 3) PUBLIC COMMENT 20 21 Mayor Butler introduced Maddie Vincent who is the new reporter and editor for the 22 Snowmass Sun and Aspen Times. She will be covering the Town Council meeting’s for 23 Snowmass Village. Vincent moved here from Butte Montana. 24 25 4) CONSENT AGENDA 26 27 A. DRAFT AGENDAS 28 29 30 B. MINUTES FOR APPROVAL 31 07-15-19 Regular Meeting 32 33 34 C. RESOLUTION NO. 34, SERIES OF 2019 - A RESOLUTION AUTHORIZING 35 THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT BETWEEN 36 09-16-19 TC Packet Page 7 of 136 7 08-05-19 TC Minutes Page 2 of 5 THE TOWN OF SMOWMASS VILLAGE AND PITKIN COUNTY FOR THE 37 COLLECTION OF USE TAX BY THE SNOWMASS COMMUNITY 38 DEVELOPMENT DEPARTMENT FOR REMITTANCE BY THE SNOWMASS 39 FINANCE DEPARTMENT TO PITKIN COUNTY 40 41 Council Member Sirkus will be out for the August 12, 2019 Work Session. Council 42 Member Madsen asked for clarification on Resolution No. 34, Series of 2019 and had a 43 correction in the IGA. 44 45 Bob Sirkus made the motion to approve those items listed on today's consent agenda. 46 Alyssa Shenk seconded the motion. The motion was approved by a vote of 5 in favor to 47 0 opposed. 48 49 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 50 51 Voting Nay: None. 52 6) ADMINISTRATIVE REPORTS 53 54 55 A. SIX MONTH UPDATE ON THE CAPITAL IMPROVEMENT PROJECTS 56 57 Council Member Sirkus needs to leave early today and asked that the update on the 58 Capital Improvements Projects item be discussed next. Clint Kinney, Town Manager 59 noted that the Town Council asked to receive an update on 2019 Capital Improvement 60 Projects. A status report of the projects is in today's packet. Anne Martens, Public 61 Works Director reviewed the each of the Capital Projects and provided information on 62 each project and answered questions by the Council. 63 64 5) PUBLIC HEARINGS - QUASI-JUDICIAL HEARINGS 65 66 67 A. FIRST READING OF ORDINANCE NO. 10, SERIES OF 2019 AN ORDINANCE 68 REGARDING PROPOSED AMENDMENTS TO THE TOWN’S OFFICIAL ZONE 69 DISTRICT MAP INVOLVING TOWN HOUSING DEPARTMENT-INITIATED RE-70 ZONINGS FROM ‘RECREATION (REC)’ TO ‘MULTI-FAMILY (MF)’ AFFECTING 71 LOT 5 OF THE ENTRYWAY MASTER SUBDIVISION PLAT AND FROM ‘SF-72 150’ TO ‘MF’ AND CONSERVATION (‘CON’) AFFECTING LOTS 2-S AND 2-M 73 OF THE SEVEN STAR SUBDIVISION; AND THE NEW COFFEY PLACE 74 HOUSING SUBDIVISION PLAT INVOLVING PARTIAL AMENDMENTS TO 75 OPEN SPACE ‘A’ OF THE RODEO PLACE SUBDIVISION, LOTS 2-S AND 2-M 76 OF THE SEVEN STAR SUBDIVISION AS AMENDED IN 2013, AND LOT 5 OF 77 THE ENTRYWAY MASTER SUBDIVISION PLAT, INCLUDING, A) 78 DEVELOPMENT IN WILDLIFE SENSITIVE WINTER RANGE AREAS, B) 79 DEVELOPMENT ENCROACHMENTS AND OTHER CODE-EXCEPTION ITEMS 80 09-16-19 TC Packet Page 8 of 136 8 08-05-19 TC Minutes Page 3 of 5 WITHIN THE BRUSH CREEK IMPACT AREA, THE ENVIRONMENTAL 81 SENSITIVITY AREA, AND THE TOWN REQUIRED 25-FOOT WETLAND 82 SETBACK AREA, AND C) DEVELOPMENT IN AREAS CONTAINING 83 GREATER THAN THIRTY PERCENT (30%) SLOPES. 84 85 86 Jim Wahlstrom, Senior Planner started this presentation with opening remarks and 87 some historical information on the site. In general, the core issues summarized for this 88 application include, re-zoning, Subdivision Plat, environmental issues, access, parking 89 and pedestrian matter, landscaping, development parameters and civil engineering plan 90 issues. Wahlstrom noted that the Planning Commission recommend approval and staff 91 is recommending approval also. 92 93 In general, the core issues summarized for this application include, re-zoning, 94 Subdivision Plat, environmental issues, access, parking and pedestrian matter, 95 landscaping, development parameters and civil engineering plan issues. Wahlstrom 96 noted that the Planning Commission recommend approval and staff is recommending 97 approval also. 98 99 Betsy Crum, Housing Director introduced the project team Chad Molliconi, Jim Keohe 100 and Jay Hammond. At this time Chad provided a presentation and reviewed the project 101 from the beginning and the adjustments made throughout the project to date. He 102 reviewed the lots, home sizes, landscaping, trails, setbacks, wetlands, 103 104 Council Member Sirkus left the meeting at this time. 105 106 Mayor Butler asked for public comments related to this proposal. There being no Public 107 comments Mayor Butler then took comments from the Town Council. Town Council 108 discussed with the applicant, garages, storage, setbacks, trails and parking. There was 109 also a discussion on the HOA's for this new proposed project. The Public Hearing and 110 second reading will be held at the Regular Meeting of the Snowmass Village Town 111 Council on August 19, 2019 at 4:00 p.m. 112 113 Alyssa Shenk made the motion to approve First Reading of Ordinance 10, Series of 114 2019 Coffey Place employee housing. Bill Madsen seconded the motion. The motion 115 was approved by a vote of 4 in favor to 0 opposed. Council Member Sirkus was absent. 116 117 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 118 119 Voting Nay: None. 120 7) TOWN COUNCIL REPORTS AND ACTIONS 121 Town Council Reports and Actions: 122 123 09-16-19 TC Packet Page 9 of 136 9 08-05-19 TC Minutes Page 4 of 5 Town Council reports Council Member Madsen spoke to the Nordic Council possibly 124 expanding snow making capabilities for next winter. There was discussion on upcoming 125 agendas, some items were moved to future meetings. 126 127 128 A. PREPARATION OF EOTC RETREAT 129 130 131 EOTC Retreat: 132 133 Clint Kinney, Town Manager stated he put this item on the agenda to allow Town 134 Council to ask questions regarding the upcoming retreat on Wednesday, August 7th, 135 2019. Mayor Butler would like a discussion on the Lock Boxes at the retreat. The 136 purpose of the retreat is to decide how to prioritize the many projects of EOTC. The 137 map to the location of the retreat will be sent by email to all the attending parties. 138 139 8) EXECUTIVE SESSION 140 141 Executive Session 142 143 At 6:38 p.m. 144 145 It is the recommendation of the Snowmass Village Town Staff that the Council make 146 and approve the following motion: 147 148 Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and 149 Snowmass Village Municipal Code Section 2-45(c), to specifically discuss one item: 150 a) Personnel matters, except if the employee who is the subject of the session has 151 requested an open meeting, pursuant to C.R.S. 24-6-402(4)(f)(I) and Snowmass 152 Village 153 154 Municipal Code Section 2-45(c)(6); Provided, there is an affirmative vote of two-thirds of 155 the quorum present at this meeting to hold an Executive Session and for the sole 156 purpose of considering items (a) above. Provided further, that no adoption of any 157 proposed policy, position, resolution, regulation, or formal action shall occur at this 158 Executive Session. 159 160 Alyssa Shenk made the motion to enter closed session Tom Goode seconded the 161 motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 162 Member Sirkus was absent. 163 164 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 165 166 Voting Nay: None. 167 09-16-19 TC Packet Page 10 of 136 10 08-05-19 TC Minutes Page 5 of 5 At 6:58 p.m. 168 169 Bill Madsen made the motion to approve reconvening to the Regular Meeting of the 170 Snowmass Village Town Council on Monday, August 05, 2019. Tom Goode seconded 171 the motion. The motion was approved by a vote of 4 in favor to 0 opposed. Council 172 Member Sirkus was absent. 173 174 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 175 176 Voting Nay: None. 177 9) ADJOURNMENT 178 179 At 6:59 p.m. 180 181 Tom Goode made the motion to adjourn the Regular Meeting of Snowmass Village 182 Town Council on Monday, August 05, 2019. Bill Madsen seconded the motion. The 183 motion was approved by a vote of 4 in favor to 0 opposed. Council Member Sirkus was 184 absent. 185 186 Voting Aye: Tom Goode, Bill Madsen, Alyssa Shenk, and Markey Butler. 187 188 Voting Nay: None. 189 This set of Regular Meeting minutes was approved by the Snowmass Village Town 190 Council at their Regular Meeting on Monday, September 16, 2019. 191 Submitted By, 192 193 ________________________ 194 Rhonda B. Coxon, CMC 195 Town Clerk 196 197 09-16-19 TC Packet Page 11 of 136 11 SNOWMASS VILLAGE TOWN COUNCIL 1 REGULAR MEETING MINUTES 2 AUGUST 19, 2019 3 4 1) CALL TO ORDER 5 6 Mayor Butler called to order the Regular Meeting of the Snowmass Village Town 7 Council on Monday, August 19, 2019 at 4:02 p.m. 8 9 A complete live recording of this meeting can be found at www.tosv.com under Town 10 Council Meetings. This will be archived indefinitely allowing you to view at any time. 11 12 2) ROLL CALL 13 14 15 COUNCIL MEMBERS PRESENT: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 16 COUNCIL MEMBERS ABSENT: No Council Members Absent. 17 STAFF PRESENT: Clint Kinney, Town Manager, John Dresser, Town Attorney, Jim Wahlstrom, Senior Planner, Julie Ann Woods, Community Development Director, Betsy Crum. Housing Director, and Rhonda B. Coxon, Town Clerk 18 PUBLIC PRESENT: Maddie Vincent, Tom Dunlop, Larry Dempsey, Alexis Daiz, Alex Jauch, Torey Trefz, Matt Goust, Reed Langibfer, Alex Nees, Gus Oliver, Lee Ann Vold, Jason Fergerson, Jami Downs, Dusty Daiz, Drew Detrick, Jeremy Assalone, Naomi Smith, Michelle Wilson, Erin Morse, Jami Farraro, David Pesnichak and other members of the public interested in today’s Agenda items. 19 3) PUBLIC COMMENT 20 None at this time. 21 22 4) CONSENT AGENDA 23 24 A. DRAFT AGENDAS 25 26 27 B. RESOLUTION NO. 35, SERIES OF 2019 - A RESOLUTION APPOINTING NEW 28 BOARD MEMBERS TO THE PARKS OPEN SPACE AND TRAILS BOARD AND 29 THE ENVIRONMENTAL ADVISORY BOARD 30 09-16-19 TC Packet Page 12 of 136 12 08-19-19 TC Minutes Page 2 of 8 31 32 Mayor Butler introduced Larry Dempsey and he provided his back ground within the 33 community, he was the previous General Manager of the Crestwood Condominiums 34 and on the SRA Board when that board existed and he is interested in serving on the 35 Parks, Open Space, Trails and Recreation Board. The Town Council thanked him for 36 his interest in serving the community in this capacity. 37 38 Tom Goode made the motion to approve all of those items listed on today consent 39 agenda. Alyssa Shenk seconded the motion. The motion was approved by a vote of 5 40 in favor to 0 opposed. 41 42 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 43 44 Voting Nay: None. 45 5) PUBLIC HEARINGS - QUASI-JUDICIAL HEARINGS 46 47 48 A. PUBLIC HEARING AND SECOND READING - ORDINANCE NO. 10, SERIES 49 OF 2019 - ORDINANCE NO. 10, SERIES OF 2019 AN ORDINANCE 50 REGARDING PROPOSED AMENDMENTS TO THE TOWN’S OFFICIAL ZONE 51 DISTRICT MAP INVOLVING TOWN HOUSING DEPARTMENT-INITIATED RE-52 ZONINGS FROM ‘RECREATION (REC)’ TO ‘MULTI-FAMILY (MF)’ AFFECTING 53 LOT 5 OF THE ENTRYWAY MASTER SUBDIVISION PLAT AND FROM ‘SF-54 150’ TO ‘MF’ AND CONSERVATION (‘CON’) AFFECTING LOTS 2-S AND 2-M 55 OF THE SEVEN STAR SUBDIVISION; AND THE NEW COFFEY PLACE 56 HOUSING SUBDIVISION PLAT INVOLVING PARTIAL AMENDMENTS TO 57 OPEN SPACE ‘A’ OF THE RODEO PLACE SUBDIVISION, LOTS 2-S AND 2-M 58 OF THE SEVEN STAR SUBDIVISION AS AMENDED IN 2013, AND LOT 5 OF 59 THE ENTRYWAY MASTER SUBDIVISION PLAT, INCLUDING, A) 60 DEVELOPMENT IN WILDLIFE SENSITIVE WINTER RANGE AREAS, B) 61 DEVELOPMENT ENCROACHMENTS AND OTHER CODE-EXCEPTION ITEMS 62 WITHIN THE BRUSH CREEK IMPACT AREA, THE ENVIRONMENTAL 63 SENSITIVITY AREA, AND THE TOWN REQUIRED 25-FOOT WETLAND 64 SETBACK AREA, AND C) DEVELOPMENT IN AREAS CONTAINING 65 GREATER THAN THIRTY PERCENT (30%) SLOPES. 66 67 68 Jim Wahlstrom, Senior Planner stated this a Public Hearing for the second reading of 69 Ordinance No. 10, Series of 2019 and the applicant has met all the posting and 70 publishing requirements for this Public Hearing. 71 72 Mayor Butler opened the Public Hearing for Second Reading of the Coffey Place 73 Ordinance. Betsy Crum, Housing Director stated that she and the project team agree 74 09-16-19 TC Packet Page 13 of 136 13 08-19-19 TC Minutes Page 3 of 8 with all the conditions listed in the Ordinance. She provided a brief comment and then 75 turned the presentation over to Jim Keohe from Charles Cunniffe Associates. 76 77 Keohe discussed, setbacks, landscaping, wetlands, parking, trails and this land use 78 discussion includes a re-zoning and master subdivision plat. At this time Town Council 79 asked some questions regarding basements in the multi-family home, the Home 80 Owners Associations and the relativity of the houses proximity to Brush Creek 81 Road. They also discussed the additional parking and the proximity of the trails to the 82 houses. 83 84 Town Council consensus was to have site visit to get a better idea of the size and the 85 location of these homes. They would like to have story poles for the height and markers 86 indicating the building envelop of the town homes and single-family homes. The date of 87 the site visit is scheduled for Monday, August 26, 2019 at 4:00 p.m. meeting at the 88 Tennis Courts. The Public Hearing will be continued to Tuesday, September 03, 2019 89 at 4:00 p.m. this will not be part of the Public Hearing. 90 91 Mayor Butler took Public Comments at this time: 92 93 Alex Diaz resident of Rodeo Place thanked the Town Council and staff for their work so 94 far, her concerns are regarding the town homes being built on 30% slopes and currently 95 they have a basement and the sump pump runs 24 hours a day. She is concerned 96 about continued or worse drainage during and after construction. She addressed the 97 Lot called open space A, and why is this not continuing to be open space. She also 98 spoke to pricing and she bought her house for 1/2 of the proposed price of the larger 99 home. 100 101 Gus Oliver a resident of Rodeo Place owned a duplex and now lived in a single-family 102 home. He thanked the Town Council for their consideration of the new housing. He 103 hopes the trails does not defer the Council's decision to build housing. 104 105 Torey Trefz a resident of Rodeo Place in a duplex he feels there is too much density 106 and he would like the Town Council to do a site visit. He also questioned the setbacks. 107 108 Naomi Smith a resident of Rodeo Place in one of the duplex's feels that another set of 109 duplexes may affect the structural design of the current duplexes. 110 111 Jeremy Assalone a resident of Rodeo Place also spoke to the density in this area he is 112 happy to see the reduction from 5 home to 4 across the street from him but has 113 concerns with the lower single-family homes. 114 115 Michelle Wilson resident of Rode Place in one of the duplexes that is near the open 116 space that now has town homes on it, she said she was told this would remain open 117 space and nothing would be build next to her. Now it's being built on, she has concerns 118 with this. 119 09-16-19 TC Packet Page 14 of 136 14 08-19-19 TC Minutes Page 4 of 8 120 Dusty Diaz is a resident of Rodeo Place in a single-family home, spoke to the lots 4 and 121 5 and how close they are to the tennis and pickle ball courts. These people are going to 122 be very close with noise concerns. He does like the additional landscaping but has 123 concerns with the cost to the owner. He is glad to hear of additional parking and 124 storage. He has concerns about the additional parking but who will police or enforce 125 the use of this parking. 126 127 Town Council took a break at this. 128 129 6) ADMINISTRATIVE REPORTS 130 131 A. COFFEY PLACE OWNERS UPDATE 132 133 134 Clint Kinney, Town Manager explained for the public in attendance and those watching 135 at home the difference between the the Quasi-Judicial Hearing and this 136 discussion. Betsy Crum, Housing Director stated the Housing Department has been 137 working toward the development of Coffey Place for several years, looking to create 138 additional for-sale, owner-occupied homes in the area in and immediately adjacent to 139 the current Rodeo Place housing development. In 2017 we developed a schematic plan 140 to add housing in three areas: along Stallion Circle near the entrance to the 141 development, immediately adjacent to the existing tennis courts, and at the northeast 142 portion of the site at the former Seven Star parcel. Based on this plan, the Council 143 appropriated $3.3 million to subsidize development of 17 new housing units on 14 144 sites. In mid-2018 and following a competitive RFP process we engaged Charles 145 Cunniffe Architects to provide full architectural design and construction oversight 146 services. SGM is providing engineering services and HP Kumar is overseeing the 147 geotechnical work. We also undertook a formal competitive Request for Qualifications 148 (RFQ) for a Construction Manager/General Contractor which has led to the selection of 149 R.A. Nelson to undertake the development, thereby completing our team. R.A. Nelson 150 has provided a “Guaranteed Maximum Price” contract based on real-time pricing with 151 their subcontractors and fixed General Condition and Overhead/Profit. 152 153 Through 2018-19 the Coffey Place team has worked toward developing a single-family 154 homeownership community in the Stallion Circle neighborhood that: 155 • Works within the subsidy allocated to the project from the Town in 2017, which was 156 $3.3 million; 157 • Fits into the current neighborhood from a design and density standpoint 158 • Wherever possible, increases the livability of the homes and neighborhood; 159 • Meets a segment of the market that represents the workforce housing needs in 160 Snowmass Village and serves a range of household sizes and types. The development 161 plan includes rezoning of two of the parcels to Multifamily and subdivision approval, 162 including re-platting. The Snowmass Village Planning Commission recommended 163 approval of the plan with conditions in July and forwarded the application to the Council 164 09-16-19 TC Packet Page 15 of 136 15 08-19-19 TC Minutes Page 5 of 8 for its consideration. Coffey Place will consist of 17 new housing units that include: 165 • 6 new two-bedroom duplex units of 1,465 square feet each plus a 510 square foot 166 garage; 167 • 11 new single-family detached units ranging in size from 1,704 to 2,431 square feet 168 each, plus 2-car garages of approximately 625 square feet, all with three bedrooms; 169 • One of the single-family homes will be fully ADA accessible; 170 • Units are architecturally consistent with both the surrounding Rodeo Place 171 development and the natural contours of the site. 172 • Coffey Place will be controlled and managed by a to-be-formed Homeowner’s 173 Association with its own governance structure. 174 175 She stated that the excise tax fund has 1.5 million available that could be used for 176 additional subsidy for Coffey Place. This fund is used to redevelopment of current 177 housing stock. The Town Council has concerns with pre-qualification and who are we 178 building these houses for and will Snowmass Village employees be able to afford them 179 or are we going to be opening this project to Pitkin County employees or for Snowmass 180 Village residents. Crum assured the Town Council that there are numerous people 181 interested in these units and they will have plenty of interest from people working within 182 Snowmass Village. The Town Council will do the site visit and continue discussion at 183 the continued Public Hearing on Tuesday, September 03, 2019. 184 185 B. Mall Transit Center Update 186 187 188 David Peckler, Transit Director is providing Council with an update on the Mall Transit 189 Station design work to date. Attached you will find the report from our consultant Short 190 Elliot Hendrickson, Inc (S.E.H.) covering: the public input, the information gathered, the 191 design criteria, the preferred option to date, a rough cost estimate, and project 192 schedule. The report presents the design that covered most of the input on the project 193 while staying close to the proposed budget of roughly $7 million. 194 195 The major design elements for the project were: 196 • Combine the RFTA and Village Shuttle terminals in one location that is at the Mall 197 level; 198 • Provide RFTA with four bus bays and the Village Shuttle with six bays from which the 199 vehicles can operate as independently as possible; 200 • Accommodate the RFTA MCI vehicles that have a minimum turning radius of 48.4’; 201 • Replace any displaced parking; 202 • Improve the passengers’ waiting experience; 203 • Manage the pedestrian access to the loading platforms to address the pedestrian 204 interface with bus traffic; 205 • Provide for pedestrian access to the Mall from Upper brush Creek Rd.; 206 • Provide public restrooms, information center, and bus driver breakroom; 207 • Address ADA access to the transit station and public parking area. 208 The Probable Cost estimate was made with input from R A Nelson. The company has 209 09-16-19 TC Packet Page 16 of 136 16 08-19-19 TC Minutes Page 6 of 8 experience on projects in our area. 210 211 The design work to date has been funded by the Elected Officials Transportation 212 Committee (EOTC). The rough cost estimate of the preferred option is $8.711 million. 213 Roughly $6 million remains in funding from the Elected Officials Transportation 214 Committee (EOTC) for the project. RFTA has proposed to contribute $500,000 215 construction management to the project as well. Staff has been discussing grant 216 possibilities with the state. 217 218 Bob Sirkus made the motion to approve directing staff to move forward with this design 219 proposed tonight know as Option 4. Tom Goode seconded the motion. The motion was 220 approved by a vote of 5 in favor to 0 opposed. 221 222 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 223 224 Voting Nay: None. 225 7) TOWN COUNCIL REPORTS AND ACTIONS 226 227 228 A. ICE CUBE ART PROJECT FUNDING DISCUSSION 229 230 Clint Kinney, Town Manager stated at the July 1, 2019 Town Council meeting, the 231 Snowmass Arts Advisory Board recommended the artwork Ice Cubes by Joe McDonnell 232 for the Town to procure and install near Town Park Station. It was approved by the 233 Town Council unanimously. There is currently $60,000 in the 2019 budget to put 234 towards this effort, and the total cost of the piece is expected to cost approximately 235 $100,000. The Town Council has indicated that they would be supportive of increasing 236 the budget or finding additional funds for the art piece, but staff would like direction from 237 the Town Council on how best to proceed in making up the difference. The Town 238 Council consensus was to take the difference out of the Town's budget. The Town 239 Council would also like the Town to investigate setting up an Art's Council or non-profit 240 to fund these art projects in the future. 241 242 B. INCLUDING SNOWMASS VILLAGE IN PITKIN COUNTY BALLOT LANGUAGE 243 FOR COLLECTING TOBACCO TAX 244 245 246 The Town Council has asked to staff to develop ballot language to promote public 247 health and curb the usage of tobacco products, the Town Council has indicated that 248 they would like to implement a tobacco tax in Snowmass Village. This item was 249 discussed at the Town Council Work Session on Monday, August 12, 2019 and Council 250 asked this item to come back to the Town Council for discussion at today’s meeting. At 251 their meeting last night Pitkin County passed at first reading the ballot language for 252 voters in 2019 to implement a tobacco tax throughout the County. Should the ballot 253 09-16-19 TC Packet Page 17 of 136 17 08-19-19 TC Minutes Page 7 of 8 measure pass at second reading on August 28, 2019, tobacco products within the Town 254 of Snowmass Village would be subject to the same tax. The Town of Snowmass Village 255 and the County will initiate an IGA for collection and reimbursement to the Town, if the 256 measure passes. The County’s current draft ballot language will implement a similar tax 257 structure as the City of Aspen. The tax would be $3.20 / per pack of cigarettes, 258 increased by 10 cents every year for 10 years until it reaches $4.00 a pack and 40% on 259 all other tobacco products. Should this ballot measure (or any other) pass and the 260 tobacco tax be implemented, the revenue generated would replace the Town’s current 261 share back from the state tax (approximately $15,000 annually). At this time, we do not 262 have a good estimate as to how much revenue this would generate for the Town of 263 Snowmass Village. However, it is likely that the local tax would exceed the current state 264 tobacco tax revenue. The Town Council consensus was to follow under the collection 265 of Pitkin County with an IGA between Snowmass Village and Pitkin County. 266 267 Bill Madsen made the motion to approve following the Tobacco Tax Question by Pitkin 268 County Ballot for the November 2019 Election. Alyssa Shenk seconded the 269 motion. The motion was approved by a vote of 5 in favor to 0 opposed. 270 271 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 272 273 Voting Nay: None. 274 8) EXECUTIVE SESSION 275 276 Town Council will not be going into Executive Session at this meeting. 277 278 279 9) ADJOURNMENT 280 281 At 7:19 p.m. 282 283 Bob Sirkus made the motion to adjourn the Regular Meeting of the Snowmass Village 284 Town Council on Monday, August 19, 2019. Bill Madsen seconded the motion. The 285 motion was approved by a vote of 5 in favor to 0 opposed. 286 287 Voting Aye: Tom Goode, Bill Madsen, Bob Sirkus, Alyssa Shenk, and Markey Butler. 288 289 Voting Nay: None. 290 This set of Regular Meeting minutes was approved by the Snowmass Village Town 291 Council at their Regular Meeting on Monday, September 16, 2019. 292 Submitted By, 293 09-16-19 TC Packet Page 18 of 136 18 08-19-19 TC Minutes Page 8 of 8 294 ________________________ 295 Rhonda B. Coxon, CMC 296 Town Clerk 297 298 09-16-19 TC Packet Page 19 of 136 19 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: September 16, 2019 AGENDA ITEM: ORDINANCE NO. 11, SERIES OF 2019 – SECOND READING OF AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE GENERAL FUND AND THE POST GRANT FUND FOR THE TOWN OF SNOWMASS VILLAGE PRESENTED BY: Clint Kinney, Town Manager BACKGROUND: The General Fund budget is proposed to be amended to include the additional funding needed for the Ice Cube Art Project of $40,000 and to include the use of the Art Board escrow funds of $22,000 for the Triangle Art Project. The POST (Peace Officer Standards & Training) Grant Fund is proposed to be amended due to the new grant received for the period of July 1, 2019 through June 30, 2020. This revision of $86,754 covers the training period of July 1, 2019 through December 31, 2019. FINANCIAL IMPACT: The Ice Cube Project of $40,000 will be funded from the General Fund funds available and the Triangle Project of $22,000 will be funded from the existing art escrow funds. The POST Grant funds of $86,754 will be both a revenue (for the approved grant funding) and an expenditure (for the training and associated costs of the program). APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: . COUNCIL OPTIONS: 1. Approve the Second Reading of Ordinance No. 11, Series of 2019 funding the amended budget items. 09-16-19 TC Packet Page 20 of 136 20 2. Deny the Second Reading of Ordinance No. 11 Series of 2019 declining funding the amended budget items. STAFF RECOMMENDATION: It is recommended to amend the budget by approving Ordinance No. 11, Series of 2019. ATTACHMENTS: Ordinance No. 11, Series of 2019 09-16-19 TC Packet Page 21 of 136 21 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 11 4 SERIES OF 2019 5 6 7 8 AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE GENERAL FUND AND 9 THE POST GRANT FUND FOR THE TOWN OF SNOWMASS VILLAGE. 10 11 12 WHEREAS, Clint Kinney, Town Manager, has submitted changes to the 2019 13 Adopted Budget; and 14 15 WHEREAS, the 2019 amendments include changes to the General Fund and the 16 POST Grant Fund; and 17 18 WHEREAS, the General Fund is revised to include expenditures for the Ice Cube 19 Art Project and the Triangle Art Project; and 20 21 WHEREAS, the POST Grant Fund is revised to include additional revenues and 22 expenditures of the I-70 West POST Grant; and 23 24 WHEREAS, the Town of Snowmass Village Home Rule Charter requires 25 adjustments to the budget when circumstances change relating to the budget. 26 27 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 28 Snowmass Village, Colorado: 29 30 31 Section One: Revised Budget 32 That the Town of Snowmass Village 2019 budget for the General Fund 33 and the POST Grant Fund be adjusted to include the below amendments. 34 35 Section Two: Appropriation 36 That the below 2019 revised revenues and expenditures are hereby 37 appropriated for expenditure during the 2019 budget year. 38 39 40 41 42 43 44 45 46 09-16-19 TC Packet Page 22 of 136 22 19-11 TC Ord Page 2 of 2 Town of Snowmass Village Budget Changes - 2019 Revised Budget 2019 Revenues 2019 Expenditures General Fund $ 62,000 POST Grant Fund $ 86,754 $ 86,754 TOTAL $ 86,754 $ 148,754 47 Section Three: Effective Date 48 This Ordinance shall become effective upon adoption in accordance with 49 Article X, Section 9.11 (e) of the Home Rule Charter. 50 51 52 INTRODUCED, READ AND ADOPTED on first reading by the Town Council of 53 Snowmass Village, Colorado on the 3rd day of September, 2019 with a motion made by 54 Council Member Sirkus and seconded by Council Member Goode and by a 55 vote of 5 in favor to 0 opposed. 56 57 INTRODUCED, READ AND ADOPTED on second reading by the Town Council of 58 Snowmass Village, Colorado on the 16th day of September, 2019 with a motion made 59 by __________ and seconded by ______________, and by a vote of __ in favor to __ 60 opposed. A roll call was taken, those in favor were_________________________, 61 those opposed were _____________________. 62 63 64 65 TOWN OF SNOWMASS VILLAGE 66 ____________________________ 67 Markey Butler, Mayor 68 69 ATTEST: 70 71 ____________________________ 72 Rhonda Coxon, Town Clerk 73 09-16-19 TC Packet Page 23 of 136 23 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: September 16, 2019 AGENDA ITEM: RESOLUTION NO. 36, SERIES OF 2019 - A RESOLUTION OF THE TOWN OF SNOWMASS VILLAGE TOW N COUNCIL OPPOSING THE EXPANSION OF THE MID- CONTINENT QUARRY, AKA THE TRANSFER TRAIL MINE, AND SUPPORTING COUNTY REGULATION OF THE MINE PRESENTED BY: Rhonda B. Coxon, Town Clerk On behalf of Mayor Butler BACKGROUND: The City of Glenwood Springs has requested that the Town Council pass a resolution opposing the expansion of the mid-continent quarry, operated by Rocky Mountain Resources. An application with the U.S. Bureau of Land Management proposes a major “modernization and expansion” of the long-standing Mid-Continent limestone quarry located just north of Glenwood Springs. Rocky Mountain Resources is in non-compliance with it’s current mining permit and they are seeking an Operating Modification from the U.S. Department of Interior, Bureau of Land Management to expand by 5,000% to allow mining 12 hours per day with blasting from 9:00 a.m. to 4:00 p.m. and hauling out as many as 500 trucks per day for years. This Resolution is opposing the expansion of the mid-continent quarry and supporting County Regulations of the Mine. 09-16-19 TC Packet Page 24 of 136 24 TOWN OF SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 RESOLUTION NO. 36 4 SERIES OF 2019 5 6 A RESOLUTION OF THE TOWN OF SNOWMASS VILLAGE TOWN COUNCIL 7 OPPOSING EXPANSION OF THE MID-CONTINENT QUARRY, AKA THE 8 TRANSFER TRAIL MINE, AND SUPPORTING COUNTY REGULATION OF THE 9 MINE 10 11 WHEREAS, Rocky Mountain Resources (“RMR”) owns a small limestone mine 12 known as the Mid-Continent Quarry, aka the Transfer Trail Mine, or, overlooking the 13 City of Glenwood Springs in Garfield County, Colorado (the “Mine”); and 14 15 WHEREAS, RMR is seeking to expand mining operations by 5,000% to allow 16 mining 12 hours per day, blasting from 9am-4pm and hauling out as many as 500 trucks 17 per day for 20 years; and 18 19 WHEREAS, the proposed expansion would lead to large visual impacts in 20 Garfield County, significantly increase truck traffic in the area, damage the region’s 21 tourist economy, and seriously impact the water and air quality thousands of rural 22 Coloradans; 23 24 WHEREAS, the Mine is located within Garfield County’s Public Lands Zone 25 District and is subject to County Resolutions and a Special Use Permit; and 26 27 WHEREAS, the Garfield County Board of County Commissioners has issued a 28 Notice of Violation concluding that RMR is not operating the Mine in compliance with the 29 applicable Resolutions and Special Use Permit and requiring RMR to correct the 30 violations on or before June 1, 2019; and 31 32 WHEREAS, RMR is claiming the County does not have authority to enforce the 33 Resolutions and Special Use Permit against RMR and has requested a court to rule that 34 RMR is not subject to the Notice of Violation; and 35 36 WHEREAS, the claim by RMR that a County lacks the authority to enforce a 37 Special Use Permit could have a negative impact throughout Colorado and limit the 38 ability of all counties to protect residents from harmful environmental impacts of the 39 extraction industry. 40 41 42 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE 43 TOWN OF SNOWMASS VILLAGE, COLORADO: 44 45 09-16-19 TC Packet Page 25 of 136 25 1. The above recitals are hereby incorporated as findings by the Town of 46 Snowmass Village. 47 48 2. The Town of Snowmass Village Town Council officially declares its 49 opposition to the Mine expansion and supports the County’s demand that RMR comply 50 with local regulations, County Resolutions and the Special Use Permit. 51 52 INTRODUCED, READ AND ADOPTED, by the Town Council of the Town of 53 Snowmass Village, Colorado, on the 16th day of September 2019 with a motion made 54 by Council Member _____ and seconded by Council Member _____ and by a vote of 55 __ in favor to __ opposed. 56 57 TOWN OF SNOWMASS VILLAGE 58 59 60 61 ____________________________ 62 MARKEY BUTLER, Mayor 63 64 ATTEST: 65 66 67 68 ____________________________ 69 RHONDA B. COXON, Town Clerk 70 09-16-19 TC Packet Page 26 of 136 26 Glenwood Springs Colorado A Rural Community with a Thriving Tourism & Recreational Economy Faces a Major Threat from a Harmful Mine Expansion Proposal The City of Glenwood Springs, a world-class tourism and outdoor recreation destination since the 1800s located on the western slope of the Rocky Mountains at the confluence of the Colorado and Roaring Fork Rivers, faces a fundamental threat to its future. A company with a small, illegally-operated limestone mine on the mountain overlooking the community proposes to expand that Transfer Trail Mine by 5,000%, to allow mining 12 hours per day, blasting from 9am-4pm, and hauling out as many as 500 trucks per day for years. Although the company owner and expansion applicant Rocky Mountain Resources (RMR) is in non-compliance with its current, small mining permit on these federal public lands, it now seeks an Operating Plan modification from the U.S. Department of Interior, Bureau of Land Management (BLM) to allow this drastic, harmful mine expansion to happen to Glenwood Springs. The City of Glenwood Springs requests federal action to stop this mountain from crashing down upon the local economy: ➢ Non-Compliance Findings: BLM should conduct public hearings and make proper findings, determinations and penalties for non-compliance by RMR under its current permit violations – in particular, BLM should immediately cease all operations that are non-compliant; ➢ EIS: BLM should require RMR to conduct a full Environmental Impact Statement process under NEPA to identify the significant effects the proposed mining expansion will have on the quality of the human environment; ➢ Real Public Information: BLM has still not responded to Glenwood Springs’ June 2018 FOIA requests for records and documents concerning the Trail Transfer Mine, despite a legal requirement to respond within 20 days. Real information should be promptly provided to the Glenwood Springs public. ➢ CO Congressional Delegation Support: Glenwood Springs and the region call for support from our Colorado Congressional delegation – stand with the public values and regional economy of Glenwood Springs. We request public statements from Senator Cory Gardner, Senator Michael Bennet, and Congressman Scott Tipton opposing the mine and asking BLM to take action on non-compliance, respond to FOIA requests, and require a full EIS. Located between Vail and Aspen in the renowned Glenwood Canyon, Glenwood Springs is a small city with an economy based on travel, tourism, outdoor recreation, fishing, hospitality, hot springs, and other sectors that depend upon the mountains, rivers, clear skies, and sounds of nature. The City is one of Colorado’s first tourist destinations with the establishment of historic Hot Springs Pool in 1888. The Hotel Colorado soon followed in 1893 and was quickly an American Presidential favorite with visits from William Howard Taft and Theodore “Teddy” Roosevelt. See www.VisitGlenwood.com. 09-16-19 TC Packet Page 27 of 136 27 While Glenwood has always held a special place in the hearts of Coloradans, it has recently gained significant federal and state support to truly sparkle. The investment of $125,000,000 to replace the Grand Avenue Bridge and $7,000,000 in US DOT BUILD funding has set Glenwood on a spectacular path. Currently the local economy consists of a healthy mix of Retail Trade, Education and Health Services, Leisure & Hospitality. Mining and logging only consists of 0.3% of the economy. But there is one threat that could derail the booming economy – the planned expansion of the Transfer Trail Mine (also known as the Mid- Continent Quarry) by Rocky Mountain Resources. The mine currently has permission to mine 100,000 tons of limestone annually and permission to use 20 trucks per day. These operations are being conducted illegally: the company is extracting and selling common variety, non-locatable minerals in violation of federal law, mining outside its permitted limits, illegally drilling, developing unauthorized mine benches, and failing to meet stormwater management requirements, all without BLM response or action. Yet, the RMR company has now recently proposed increasing this to 5,000,000 tons per year and up to 500 trucks per day. This 5,000% increase would lead to large visual impacts, mire the town in truck traffic, damage the thriving tourist economy, and seriously impact the water quality and air quality for thousands of rural Coloradans. The mine expansion is opposed by local businesses, the City of Glenwood Springs, and the bipartisan citizens group the Glenwood Springs Citizen Alliance (www.LoveGlenwood.org). Although this RMR company has powerful backers, the Bureau of Land Management should fulfill its mission to halt illegal mining on public lands, and identify and prevent negative impacts on the quality of the human environment and the Glenwood Springs community. While Glenwood has worked hard to diversify the local eco nomy, a massive expansion of mining is not the answer. A tourist town and huge strip mining operation cannot coexist. The City of Glenwood Springs seeks federal help to protect our residents and small businesses, while preserving our history as a vacation community special enough to host presidential visits and the largest Hot Springs in the United States. We ask key federal officials to halt non-compliance at the current mine, provide real public information for the community, require a full NEPA EIS process by BLM, and deny this mine expansion. Please contact City Manager Debra Figueroa at 970-309-2492 or Debra.figueroa@cogs.us View of Proposed Mine Expansion, with green area the existing area of disturbance 09-16-19 TC Packet Page 28 of 136 28 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: September 9, 2019 AGENDA ITEM: Introduction of Town Park Design Concepts PRESENTED BY: Andy Worline, Parks, Recreation & Trails Director Sarah McMahon, Assistant Parks, Recreation & Trails Director Sara Tie, Connect One Design BACKGROUND: The overarching goal of this planning process was to work with a qualified consultant, or team of consultants, to facilitate and create conceptual design plans for the Snowmass Village’s Town Park/Entryway Completion. The design firm was directed to encompass the years of community input and feedback to plan and efficiently utilize the current used and unused space at Town Park and create a beautiful, engaging destination that offers fun for all ages on property already owned by the Town of Snowmass Village. FINANCIAL IMPACT: This Town Park/Entryway Completion plan is expected to provide design documents. The level of service, the types of programs and timing to this capital project identified in the plan will have a significant fiscal impact. The POSTR Plan itself will identify and address direct fiscal impacts and will aim to set policy guidance on how to address these impacts moving forward. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Town Council Goal Statement (Adopted April 15, 2019) Community Building - A major component of community building is creating more community oriented spaces and to ensure a high quality utilization of these spaces by programing them with community focused activities that create vitality. These community places need to be conveniently connected such that “a flow” between them is evident and high levels of vitality can be enjoyed throughout the Village. Town Park is one such community 09-16-19 TC Packet Page 29 of 136 29 oriented space that needs to have a master plan designed so that improvements can be set into motion. COUNCIL OPTIONS: Listen to presentation and provide feedback. Provide staff and consultant team direction to narrow focus on conceptual design. and to provide and recommend phase approach options for future programming and enhancements based on feedback and feasibility and assist staff/community in prioritization STAFF RECOMMENDATION: The Town Park/Entryway Completion is in the conceptual design stage. Town Council should provide initial feedback on designs to ensure the eventual final design plans accurately reflect the visions and ideas of the Town Council ATTACHMENTS: 09-16-19 TC Packet Page 30 of 136 30 TOWN PARK DESIGN CONCEPTS INTRODUCTION OF 09-16-19 TC Packet Page 31 of 136 31 1 2 3 4 5 6 2008 Master Plan construction and efforts put on hold due to the recession 2003 - 2004 The Town begins master planning for Town Park and Entryway 2005 Recreation Center site chosen, construction begins 2006 Master Plan approved and construction continues 2009 Entryway Master Plan Update 2010 The Town Comprehensive plan highlights all the recreation amenities at Town Park and recommends that they be expanded upon HOW WE GOT HERE... 09-16-19 TC Packet Page 32 of 136 32 7 8 9 10 11 12 2019 Council Goals Clearly define Town Park project and complete a master plan design so that improvements can be set into motion for this community oriented space 2013 The Town budgets $15,000 to begin a preliminary planning process for the last underdeveloped area of Town Park 2014 Hired Barker Rinker Consulting to design Entryway Master Plan in an effort to finish Town Park 2016 POSTR Plan adopted. Multiple park, recreation programs & trail projects identified as high priority at Town Park site 2019 The Town Comprehensive Plan identifies potential to create welcoming entrance and accommodate needed facilities. As well as factors to be considered in Master Plan development. PRESENT The Town hired Connect One Design to develop a Town Park /Entryway Master Plan 16 YEARS IN THE MAKING... 09-16-19 TC Packet Page 33 of 136 33 ENTRYWAY MASTER PLAN 2006 - 2009 Leslie Bethel Design & Planning LLC Schmueser Gordon Meyer Engineers The Power of Visual Charts09-16-19 TC Packet Page 34 of 136 34 2006 Brush Creek Roundabout Recreation Center Paving of parking lot Town Park Station transit pullout lanes Pedestrian underpass PRESENT 2016 POSTR Plan 2004-2005 Recreation Center/Pool Construction Begins Parking Lot - Grade and Structural Fill 2008 Skateboard Park Tennis Courts Volleyball Courts Basketball Courts Gymnasium Playground and Passive Park Landscape/Wetlands 2007 Checkpoint Charlie Pullout Lanes and Landscaping Brush Creek Trail and pedestrian bridge Soccer Field Basketball Court Town Park Station Rodeo Place Civil COMPLETED PROJECTS Town Park/Entryway 09-16-19 TC Packet Page 35 of 136 35 Snowmass Town Parkaugust 16, 2019lPROJECT GOALSPRIMARY MASTER PLAN GOALMore efficiently utilize the used and unused park space to create a beautiful and engaging destination for all ages.PRIORITY USER GROUPTown of Snowmass Village residents09-16-19 TC PacketPage 36 of 13636 Snowmass Town Parkaugust 16, 2019lPROJECT GOALSSECONDARY MASTER PLAN GOALS• Beautify the entry to Snowmass• Reduce conflict between events and rec users• Incorporate centralized storage and maintenance facility• Provide additional opportunities for field sports programming • Provide additional parking• Enhance recreation opportunities• Minimize pedestrian/bike/vehicular conflict• Maintain space for rec/pool expansion• Maintain existing improvements• Maintain a quality rodeo facility09-16-19 TC PacketPage 37 of 13637 Snowmass Town Parkaugust 16, 2019lPROJECT PROCESSPROJECT PROCESSPROJECT STARTUPDESIGN ALTERNATIVESFINAL MASTER PLAN• TOWN & STAKEHOLDER INTERVIEWS• PROGRAM ASSESSMENT• CONCEPT GENERATION AND EVALUATION• FINAL PLAN• PHASING PLAN• BUDGETTO BE COMPLETED NOVEMBER, 201909-16-19 TC PacketPage 38 of 13638 Snowmass Town Parkjuly 17, 2019LAND USESlN0’ 100’ 200’Seven Star RanchSnowmass Club Golf Course/Nordic TrailsSnowmass Club Open SpaceWetlandsTruck Staging?PondPlaygroundPlaygroundGazeboIrrigation ShedVisitors Center/Restrooms?Bus StopRecreation FieldRecreation Field/Nordic TrailsRodeoRodeo PensRodeo F+BSkateParkStandsVolleyballRecreation CenterParking LotSewage StationOutfittersGuardShackAquatics BasketballParks Maintenance StorageWetlandsTennis/SkatingHorse Ranch/ConservationSnowmass Land Co/ConservationCoffey Place HousingAffordable HousingHidden Valleyhigh fire hazard - brushPITKIN COUNTYTOWN OF SNOWMASS VILLAGESeven Star Ranch09-16-19 TC PacketPage 39 of 13639 Snowmass Town Parkjuly 17, 2019CIRCULATION DIAGRAMlN0’ 100’ 200’Vehicular EntryVehicular CirculationPedestrian EntryPedestrian Circulation(hardscape)Pedestrian Circulation(softscape)Areas of ConflictOffsite Connections(pedestrian/bike)Horse Routeholding penRoad closure every summer Wednesday afternoon and evening to transport horses to and from rodeo.field drop offrec center entrySeven Star RanchSnowmass Club Golf Course/Nordic TrailsSnowmass Club Black Saddle Parking/DaySkier Parking/Rec Field ParkingHorse Ranch/ConservationSnowmass Land Co/ConservationAffordable HousingPITKIN COUNTYTOWN OF SNOWMASS VILLAGESeven Star RanchBike/Ped Trail to HWY 82Snowmass Club Golf CourseVisitor Center/Bus StationHidden ValleySeven Star RanchSeven Star TrailTo Wetland Trailcompetitor /stock truck rodeoaccessrodeo visitoraccess09-16-19 TC PacketPage 40 of 13640 Snowmass Town Parkjuly 17, 2019lARRIVAL EXPERIENCE VIEWS1122334409-16-19 TC PacketPage 41 of 13641 Snowmass Town Parkjuly 17, 2019EVENTS USAGE INTENSITY MAPlGreater than 40% of season30 % to 40% of season20% to 30% of seasonLess than 20% of seasonThis map assumes a summer “high use” season of June 1st to October 1st.N0’ 100’ 200’Seven Star RanchSnowmass Golf CoursePARKING AREA 235% OF SEASON(~40-45 DAYS/SUMMER)SOFTBALL FIELD20% OF SEASON(~20-25 DAYS/SUMMER)PARKING AREA 1:30% OF SEASON(~35-40 DAYS/SUMMER)DIRT LOT:14% OF SEASON(~15-20 DAYS/SUMMER)RODEO GROUNDS:100% OF SEASON(ALWAYS UNAVAILABLE TO PARK USERS)PARKING AREA 3:25% OF SEASON(~30-35 DAYS/SUMMER)SOCCER FIELD:22% OF SEASON(~25-30 DAYS/SUMMER)09-16-19 TC PacketPage 42 of 13642 Snowmass Town Parkjuly 17, 2018EVENTS ANALYSISSUMMER EVENTS USAGE TIME LINESUMMER EVENTS AVERAGE SIZESlPARKINGNAFLEX SPACE100,800 SFPARKING88,500 SFFLEX SPACENAMINI MEET88,500 SFWINE FEST100,800 SFRTR185,900 SFRODEO242,300 SFJAS LABOR DAY FESTIVAL1,031,000 SFPARKING190,000 SFFLEX SPACE841,000 SFPARKING165,000 SFFLEX SPACE524,600 SFPARKING?FLEX SPACE?PARKING97,000 SFEVENT SPACE145,300 SFPARKING14,600 SFFLEX SPACE171,300 SFREFERENCE SIZESRAGNAR RUN689,600 SFYOUR SOCCERFIELD & ADJACENT TURF92,300 SFYOUR PAVED PARKING AREA191,900 SFBALLOON FEST388,900 SFRAGNAR RUNRIDE THEROCKIESMINI MEETVOTRVOLLEYBALLJASLABOR DAYWINEFESTIVALBALLOONFESTIVALFESTIVALRODEORODEOAUTO EXOTICARODEORODEORODEORODEORODEORODEORODEORODEOSOCCER FIELDPARKINGSOFTBALL FIELD1 Event planned for an area on a given day2 Or more events planned for an area on a given day09-16-19 TC PacketPage 43 of 13643 Snowmass Town Parkjuly 17, 2019PROGRAM MOVABILITY DIAGRAMlElements to remainProgram elements with medium difficulty to moveProgram elements with low difficulty to moveN0’ 100’ 200’09-16-19 TC PacketPage 44 of 13644 Snowmass Town Parkjuly 17, 2019PREVIOUS MASTER PLANSl09-16-19 TC PacketPage 45 of 13645 Snowmass Town Parkaugust 16, 2019lPOSTR Master Plan goals:• Consider the highest and best use of all spaces. • Utilize flexible space to achieve greater utilization of facilities by combining activities that operate in different seasons or at different times of the day.• Explore solutions that expand the efficiency of existing resources and space.• Maintain a great space for events and seasonal/temporary uses that minimizes conflict with use of the rest of the facility/users.• Incorporate natural elements and enhance passive and active recreation opportunities.• Create the best pedestrian and vehicle circulation possible.• Maintain the quality of existing improvements.• Emphasize community values and priorities.• Consider access to adjacent neighborhoods and open space parcels via road and trails.• Consider needs of lease holders, if they are to remain.Parks, Open Space, + Trails staff• Rodeo conflict - area usage and parking usage• Use of field space for programs is in conflict with other uses (schedule conflicts + damage)• Better parking designation & circulation• What’s best for the community is best for visitors - don’t necessarily cater to events or 3rd party orgs • Season is too short, days are too short, and there are too many other usages to meet current needs• Desire to expand existing programs and add new• Expanded & enhanced existing facilities• Sense of town entry and park entry• Better maintenance storage• Public “outdoor” restroomsSWHA/Rodeo• They make due with what they have but cannot get any smaller• Conflict with other uses of the rodeo grounds and equipment that doesn’t get organized, cleaned, or returned• Staple of the community• Visitor space now meets their needs but expecting to grow in coming years• They CANNOT miss a season.WHAT WE’VE HEARDParks, Open Space & Trails staffSWHA (rodeo)Community SurveyTOSV Department Heads...others?POSTR CommitteePOSTR Master PlanCommunity Survey:Average percent that existing facilities/amenities meet the needs of the community:Existing Element Weighted Need Met % SpecificsSummary of CommentsIce Skating Rink25Perminant, Better Facilities, gathering space Sun exposure brings into question locationSkate Park29Shade, Age Appropriate FeaturesOutdoor Basketball31Nothing was really said about this. Art Installations31Softball Field35Lighting, Seating, More Fields,potential for artificial turf? Soccer Fields37Seating, Lighting, more fieldsTennis Courts38Lighting, Pickle Ball (new thing but not mentioned much in the proposed elements graph below)Lots of kids use these as tennis campsWater Fountains 39 Bottle FillupPlaygrounds 46Shade, Picnic areas, Age Appropriate Features, SeatingGazebo49 BBQ, Electrical HookupWayfinding60Trail Etiquette, Dog bags/trash cansLandscaping63Improve front entrance to town a bit09-16-19 TC PacketPage 46 of 13646 Snowmass Town Parkaugust 16, 2019lPROGRAM DESIRESFROM POSTR PLAN FROM STAKEHOLDER MEETINGSFROM COMMUNITY SURVEY:FROM DEPARTMENT HEADS• Re-oriented/more efficiently located rodeo.• Better ADA accessibility.• World-class bike park.• Platform tennis.• Alternate/artificial sports field material.• Formal storage space for park maintenance equipment.• Additional parking.• Expanded flex/field space.• Bike wash and repair station.• Town Park pond beach and infrastructure improvements.• Connector trails beginning at or through Town Park.• Room for expanded pool and pool deck.• Room for expanded rec center with field house and “jump gym.”• Lighting of fields• Enhanced “entry to town” feeling.• Enhanced visibility of park from road.• Potential dedicated events area to minimize conflict with programming.• Less conflict with events and parking/drop off.• Less conflict with events and programs.• Dedicated storage space for the rodeo.• Increased field sports programs and longer field sports season.• More bathrooms outside of rec center.• More shade structures with power, water, and possibly grills.• Better access to water at rodeo.• Enhanced “entry to town” feeling.• Improved visual aesthetics• Improved access to water and power throughout park and at events• Stronger connection between fields and rest of facility• Better use of pond• More accessible passive space• Concessions• Better storage• Cell tower• Softball seating• Playground shade• Skate park shade• More gazebo space & BBQs with electricity• Easier skate features0.0%5.0%10.0%15.0%20.0%25.0%30.0%Wildplay/Natural PlaygroundParklets or "pause places" within town parkToddler playgroundChildren's GardenTreehousePlayground musical features (drums, etc.)Turf field for tournamentsTerrain based playgroundPerformance Space/StageInterpretive Nature WalkOtherAdult PlaygroundParklets or "pause places" along trailsGreenhouseLighted multi-purpose fieldPublic ArtSandy Beach/Waterfront (constructed)Bocce CourtIce Skating Trail (meandering path; not a rink)Interactive Water PlayStrider Park/ Children’s Bike Skills ParkPicnic Areas/Barbeque PitsSurface Bike Park and Expanded Skate ParkDestination Bicycle Pump Track/Jump ParkFitness TrailChallenge course/outdoor climbingDog Park09-16-19 TC PacketPage 47 of 13647 Snowmass Town Parkaugust 16, 2019lMASTER PLAN OPTIONSCOMMON PROGRAM ELEMENTS• Additional pavilions• Additional restrooms• Improved recreation pond• Improved access to wetlands• Bike skills trail• Dedicated maintenance and storage area• Additional parking• Rodeo grounds of equal or larger size• Turf space of equal or larger size09-16-19 TC PacketPage 48 of 13648 Snowmass Town Park Preliminary OptionsAugust 27, 2019 lOPTION 1Pros:• The majority of existing program elements stay where they are• Two entrances/exits• Additional paved parking near transit stop• Improved entrance aesthetic• Staff Parking +12 paved spaces• Less ADA user conflict during JAS and other events • JAS can get larger with a possible 2 stage set-upCons:• No extra-large continuous field space• Outfitter access to trails is longer/more difficultFIELD SPACE SUMMARY• 1 Softball (slow-pitch)• 1 Softball (slow-pitch, overlaid on U-18 soccer)• 1 U-18 Soccer• 1 U-10 Soccer• TOTAL AREA of field space (including extended field around turf fields): 201,500 SF (approx. equal to existing)PARKING SUMMARY• ~585 paved parking spacesN0’ 100’ 200’09-16-19 TC PacketPage 49 of 13649 Snowmass Town Park Preliminary OptionsAugust 27, 2019 lOPTION 2Pros:• The majority of existing program elements stay where they are• Two entrances/exits• Rodeo space is created as a separate space from the park, and does not infringe on park programs• Additional field area can be separate from eventsCons:• Reduced size of truck staging at Checkpoint Charlie• Infringes on wetlands• Longer walk to rodeo for some attendees and competitors• Entry to park and to Snowmass is lined with lots of parkingFIELD SPACE SUMMARY• 1 Softball (slow-pitch)• 1 Softball (slow-pitch, overlaid on U-18 soccer)• 1 U-18 Soccer• 2 U-10 Soccer• TOTAL AREA of field space (including extended field around turf fields): 315,00SF (~113,500 SF more than existing)PARKING SUMMARY• ~475 paved parking spacesN0’ 100’ 200’09-16-19 TC PacketPage 50 of 13650 Snowmass Town Park Preliminary OptionsAugust 27, 2019 lOPTION 3Pros:• Most affordable/feasible option• Great circulation for rodeo competitors• Two entrances and exitsCons:• Includes the least parking of all options• Includes the least additional turf of all options• Entry to park and to Snowmass is lined with lots of park-ing• Doesn’t solve conflict between day users and most events• Continues to leave the “unactivated” space of the rodeo in the middle of the park. FIELD SPACE SUMMARY• 1 Softball (slow-pitch)• 1 Softball (slow-pitch, overlaid on U-18 soccer)• 1 U-18 Soccer• 1 U-10 Soccer• TOTAL AREA of field space (including extended field around turf fields): 280,00SF (~78,500 SF more than existing)PARKING SUMMARY• ~475 paved parking spacesN0’ 100’ 200’09-16-19 TC PacketPage 51 of 13651 Snowmass Town Park Preliminary OptionsAugust 27, 2019 lOPTION 4Pros:• Additional paved parking near transit stop• Large area of continuous turf for flexible programming• Significant amount of parking• Improved entrance aesthetic• Contained small events area in the former softball field.Cons:• Rodeo competitor parking is not adjacent to stock pens• Only one entrance and exit• Rodeo may compromise the view from the rec center/poolPROPOSED FIELD SPACE SUMMARY• 1 Softball (slow-pitch)• 2 U-18 Soccer• Space for larger soccer (overlaid on soccer/softball)• TOTAL AREA of field space (including extended field around turf fields): 272,500SF (~71,500 SF more than existing)PARKING SUMMARY• ~625 paved parking spacesN0’ 100’ 200’09-16-19 TC PacketPage 52 of 13652 Snowmass Town Park Preliminary OptionsAugust 27, 2019 lHYBRID OPTIONPros:• Two entrances/exits• Additional paved parking near transit stop• Improved entrance aesthetic• Staff Parking +12 paved spaces• JAS can get larger with a possible 2 stage set-up• Large area of continuous turf for flexible programming• Significant amount of parkingCons:• More difficult access to trails for outfitterPROPOSED FIELD SPACE SUMMARY• 2 Softball (Slow-Pitch. One dedicated, one overlayed on a soccer field)• 3 U-18 Soccer (2 dedicated, one overlaied on a soccer field.)• Space for larger soccer (overlaid on soccer/softball)• TOTAL AREA of field space (including extended field around turf fields): 281,500SF (~80,000 SF more than existing)PARKING SUMMARY• ~520 paved parking spacesTHIS OPTION IS A HYBRID OF OPTIONS 1 AND 4N0’ 100’ 200’09-16-19 TC PacketPage 53 of 13653 August 27, 2019 lEVENT OVERLAYSEXISTING JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFPROPOSED JAS SPACE SUMMARY• TOTAL AREA= ~390,000 SFEXISTING JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFPROPOSED JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFDashed line indicates existing JAS layoutDashed line indicates existing JAS layoutDashed line indicates existing JAS layoutPOSSIBLE JAS LAYOUTPOSSIBLE JAS LAYOUTOPTION 3OPTION 4EXISTING JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFPROPOSED JAS SPACE SUMMARY• TOTAL AREA= ~630,500 SFPOSSIBLE JAS LAYOUTHYBRID OPTIONOPTION 1OPTION 2Dashed line indicates existing JAS layoutDashed line indicates existing JAS layoutPOSSIBLE JAS LAYOUTEXISTING JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFPROPOSED JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFEXISTING JAS SPACE SUMMARY• TOTAL AREA= ~472,500 SFPROPOSED JAS SPACE SUMMARY• TOTAL AREA= ~630,500 SFPOSSIBLE JAS LAYOUT09-16-19 TC PacketPage 54 of 13654 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: September 16, 2019 AGENDA ITEM: A Continued Discussion regarding the Brush Creek/Owl Creek Roundabout Design PRESENTED BY: Anne Martens, Public Works Director BACKGROUND: The Town Council approved funds in the 2019 Budget to continue the design of the roundabout at the intersection of Owl Creek Road and Brush Creek Road. At the May 20, 2019 Council meeting, staff presented the most recent design drawings for the Owl Creek Road and Brush Creek Road roundabout. The goal of that presentation was to receive direction on the actual size of roundabout. Staff recommended that design continue with the larger roundabout configuration and was asking for Council concurrence so that design efforts could continue. At the July 15, 2019 Council meeting, intersection improvements along Brush Creek Road at Sinclair and Faraway in conjunction with Owl Creek Road intersection were reviewed and approved. Council requested to defer the discussion on the size of the roundabout until after the Community Survey results have been submitted. The engineering firm SGM has completed approximately 50% of the design and on hold until a decision on the size of the roundabout has determined in order to proceed any further with design. Attached are the Community Survey Charts pertaining to intersections (Attachment A). Attached are the Owl Creek Road and Brush Creek Road roundabout comparison drawings (Attachment B - exhibit A, B & C). 09-16-19 TC Packet Page 55 of 136 55 FINANCIAL IMPACT: The 2019 budget appropriated $197,627 for completion of the design of the Owl Creek Brush Creek Road and Sinclair Road intersection. 2018 Budget 2018 Expenses 2019 Budget Budget Remaining $300,000 $137,372 $137,372 +$35,000=$197,627 $178,370 APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The improvement projects along Brush Creek Road are part of the council goal to improve safety within the community. The improvements connect the community by improving access for pedestrians, transit, bike users, and mobility. COUNCIL OPTIONS: 1. Direct staff to move forward with design of the larger roundabout at Owl Creek Road and Brush Creek Road. 2. Direct staff to not move forward with implementation of the proposed improvements. STAFF RECOMMENDATION: Staff recommends that: 1) Design efforts at Owl Creek and Brush Creek continue forward with the larger roundabout design ATTACHMENTS: Exhibit A, B & C – Owl Creek Road Roundabout Comparison Drawings Exhibit D – Pedestrian Improvement designs for Sinclair, Owl Creek Road and Faraway Road Intersections with Brush Creek Road 09-16-19 TC Packet Page 56 of 136 56 by percentage of respondents (Excluding "Don’t Know”)Q20. When driving or riding in an automobile, please rate your satisfaction with the following intersectionsSource: ETC Institute (2019)37%25%14%14%13%11%44%56%55%54%36%29%12%17%24%21%20%22%7%3%7%11%31%38%Brush Creek & Wood Rd. (new roundabout)Brush Creek Rd. at Town Park Station/RodeoBrush Creek & Sinclair Rd.Brush Creek & Faraway Rd.Brush Creek Rd. & Owl Creek Rd. (single stop sign)Wood Rd. & Carriage Way (mini roundabout)0% 20% 40% 60% 80% 100%Very Satisfied Satisfied Neutral Dissatisfied/Very DissatisfiedPage 2009-16-19 TC PacketPage 57 of 13657 by percentage of respondents (Excluding "Don’t Know”)Q21. When walking or biking, please rate your satisfaction with the following intersectionsSource: ETC Institute (2019)20%26%11%10%12%10%55%45%44%42%36%30%20%18%31%30%25%24%5%11%14%18%27%36%Brush Creek Rd. at Town Park Station/RodeoBrush Creek & Wood Rd. (new roundabout)Brush Creek & Sinclair Rd.Brush Creek & Faraway Rd.Wood Rd. & Carriage Way (mini roundabout)Brush Creek Rd. & Owl Creek Rd. (single stop sign)0% 20% 40% 60% 80% 100%Very Satisfied Satisfied Neutral Dissatisfied/Very DissatisfiedPage 2109-16-19 TC PacketPage 58 of 13658 87%81%80%78%75%75%67%63%3%9%9%7%9%9%15%12%10%10%11%15%15%16%18%25%CrosswalksRoundabout(s)Stop sign(s)Pedestrian islands/landscaped mediansYield sign(s)Reduced speed limitsAcceleration/de-acceleration lanes0%20%40%60%80%100%Acceptable Don't know Not acceptableQ22. Which traffic calming measures currently used in Snowmass Village do you find acceptable for improving overall traffic flow and safety?by percentage of respondentsSource: ETC Institute (2019)Pedestrian activated rapid flashing beacons at crosswalksPage 2209-16-19 TC PacketPage 59 of 13659 Title:RoundaboutComparison ExhibitRevision#Dwg No.Brush Creek Roundabout Snowmass Village, COJob No.Drawn by:Date:File:PE:QC:91004DAMC1.8.19RGNBrushCreekRB-ComparisonExhibitRG118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:13Of :Graphic ScaleIn Feet: 1" = 60'0 30 6012009-16-19 TC PacketPage 60 of 13660 Title: 115' RoundaboutRevision#Dwg No.Brush CreekRoundaboutSnowmass Village, COJob No. Drawn by: Date: File: PE:QC: 91004D AMC 1.8.19 RGN BrushCreekRB-ComparisonExhibit RG 118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.comDate By:Preliminary Not For ConstructionProject Milestone:2 3Of : Graphic Scale In Feet: 1" = 60' 0 30 60 120 09-16-19 TC Packet Page 61 of 136 61 Title:87' RoundaboutRevision#Dwg No.Brush Creek Roundabout Snowmass Village, COJob No.Drawn by:Date:File:PE:QC:91004DAMC1.8.19RGNBrushCreekRB-ComparisonExhibitRG118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: Preliminary Not For ConstructionProject Milestone:33Of :Graphic ScaleIn Feet: 1" = 60'0 30 6012009-16-19 TC PacketPage 62 of 13662 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: September 16, 2019 AGENDA ITEM: Discussion Regarding Ban on Vaping and Flavored Tobacco PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: At a previous Town Council Meeting the Town Council asked staff to provide information on banning of Vape Products (e-cigarettes) and Flavored Tobacco products. After extensive research for this discussion, staff found that to date Aspen, Glenwood Springs, Carbondale and Boulder have passed Ordinances banning the sale of vape products and flavored tobacco. Their Ordinances have been attached for your review. Pitkin County is discussing similar measures at a Work Session in October. Colorado leads the nation in youth e-cigarette use and locally the relevant statics are: • In 2017, 59% and 53% respectively of Aspen and Roaring Fork School District high school students reported having tried an e-cigarette, and 45% and 37% used one in the past 30 days. • 63% and 46% respectively of Aspen and Roaring Fork School District high school students reported that they have “easy access” to e-cigarettes. • In schools from Aspen to Parachute, 63% of high school students younger than 18 who use tobacco products reported that they buy their tobacco products themselves from local brick-and-mortar stores. • The estimated state & federal tax burden from smoking-caused government expenditures is over $650/year per Colorado household. Meanwhile, the tobacco industry spends an estimated $140.1 million in marketing in Colorado and $9.4 billion in the US annually. There is a wealth of research and experience that indicated what works. Increasing the minimum age of sale, requiring retailers to hold a license to sell tobacco, increasing the price of tobacco products by special tax and restricting the sale of e-cigarettes and flavored products have all been shown to significantly reduce youth initiation and use of tobacco products. The Town Council has already raised the age to purchase tobacco products to 21 twenty-one and has licensed tobacco retail stores in Snowmass Village. 09-16-19 TC Packet Page 63 of 136 63 Through the Pitkin County ballot initiative this November, an additional sales tax may also be implemented on tobacco products in Snowmass Village. The Town Council will need to decide if they would like to take the additional measure to ban flavored tobacco products in Snowmass Village. There are flavors in cigars, menthol cigarettes, Juul e-cigarettes, Juul flavored cartridges, and full-flavored nicotine pouches such as Zyn. There is also flavored “chew” or chewing tobacco. These would all be banned, unless the Town Council would like to specify otherwise. Aspen, Carbondale and Glenwood Springs included a ban on all of these products, including menthol cigarettes and menthol chewing tobacco as they are a flavor. Mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction. FINANCIAL IMPACT: The financial impact to the Town would be loss of sales tax revenue from the three licensed Tobacco stores in Snowmass Village currently selling these types of tobacco products. Ultimately this revenue could be recouped by the sales tax question being considered on the November 5, 2019 ballot for a County wide tax on cigarettes. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: This topic is related to the Town’s Sustainability Plan and air quality goals, and for the Town Council’s goal of promoting the health and welfare of the residents, guests and employees of Snowmass Village. COUNCIL OPTIONS: 1. Provide direction to staff on next steps. STAFF RECOMMENDATION: Review the information and provide feedback for staff. ATTACHMENTS: Attachment A City of Aspen Ordinance Attachment B Town of Carbondale Ordinance Attachment C City of Glenwood Springs Ordinance Attachment D City of Boulder’s Ordinance Attachment E US Department of Health and Human Services/Center for Disease Control and Prevention Attachment F Campaign for Tobacco Free Kids 09-16-19 TC Packet Page 64 of 136 64 ORDINANCE NO. I4 (Series 2019) A AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF ASPEN, COLORADO, AMENDING TITLE 13 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN - HEALTH AND QUALITY OF ENVIRONMENT - TO ADD A NEW CHAPTER 13.26 ENTITLED: RESTRICTIONS ON THE SALE OF FLAVORED TOBACCO PRODUCTS,INCLUDING MENTHC)L, IN TOBACCO PRODUCT RETAIL ESTABLISHMENTS WHEREAS. each day, about 2,500 children in the United States try their t'irst cigarette; and another 8.400 children under l8 years of age become new regular, daily smokers. WHEREAS. 8l% of youth n'ho have ever used a tobacco product report that the first tobacco product was flavored. WHEREAS, tlavorcd tobacco products promotc youth initiation of tobacco use and help young occasional smokers to become daily smokcrs by reducing or masking the natural harshness and taste oftobacco smoke and thereby increasing the appeal oftobacco products. WHEREAS, rnenthol cools and numbs the throat to reduce throat initation and make the smoke f-eel smoother. making menthol cigarettes an appealing option for youth who are initiating tobacco usc. WHEREAS, flavorings such as mint and wintergreen in smokeless tobacco products encourage new users to start with milder flavors and progress to more full-bodied. less flavored products. WHEREAS. young people are much more likely than adults to use menthol-. candy- and liuit-tlavored tobacco products, including not just cigarettes but also cigars. cigarillos, and hookah tobacco. WHEREAS, the Centers tbr Disease Control and Prevention has reported a more than 800% increase in electronic cigarette use among middle school and high school students between 201 land 2015. WHEREAS. nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in thousands of youth-appealing f)avors, such as cotton candy and bubble gum. WHEREAS. the City Council finds that this ordinance l'urthers and is necessary fbr the promotion of the public health, salbty, and welfare to reduce the appealof tobacco to youth and to rcduce thc likelihood that youth will become tobacco users by prohibiting Tobacco Product Retailers fiorn selling. offering for sale. or possessing with the intent to sell. flavored tobacco products. 1 l. 09-16-19 TC Packet Page 65 of 136 65 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section l. TITLE I3 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN - I-IEALTI.I ANI) QUALITY OF ENVIRONMENT _ IS HEREBY AMENDED 1'O ADD A NEW CHAI'-TER 13.26 ENTITLED: RESTRICTIONS ON .II'lE SALE OF FLAVORED TOBACCIO PRODUCTS. INCLUDING MENTI.IOL, IN TOBACCO PRODUCT RE'IAII, ESTABLISHMENTS. WLIICH CHAPTER SHALL READ AS FOLI-OWS: Chaptcr 13.26 RESTRICTIONS ON 'I'IIT] SALti OF T'LAVoRED TOI]ACCO I'RODUCTS, INCLUDING MENTHOL, IN TOBACCO PRODUCT RBTAIL ESTABI,ISHMENTS Section 13.26.020 DEFI NITIONS A. "Characterizing Flavor" means a Distinguishable taste or aroma or both. other than the taste or aroma of tobacco, impartcd eithcr prior to or during consumption of a Tobacco Product or any byproduct produccd by the Tobacco Product. Charactcrizing flavors include. but are not limited to, tastes or aromas relating to any fiuit. chocolate. vanilla. honey, candy, cocoa, dessert. alcoholic beverage. menthol. mint. u,intergreen, herb, spice; provided, however. that a Tobacco Product shall not be determined to have a characterizing flavor solely because o1'the use of additives or t'lavorings or the provision ol'ingredient intbrmation. Rather. it is the presence of a Distinguishable taste or aroma or both, as described in the first sentence of this dclinition that constitutes a characterizing flavor. B. "Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in parl in tobacco or any othcr substance containing tobacco. For purposes ofthis Clhapter. cigar includcs, but is not limited to tobacco products know'n or labeled as "cigar," "cigarillo," or "little cigar." C. "Cigarette" means any product that contains tobacco or nicotine that is intended to be burned or heated under ordinary conditions ofuse, and consists ofor contains: l) any roll of tobacco wrapped in paper or in any substance not containing tobacc6; 2) tobacco in any form that is functional in the product, which. because ol- its appearance, the type of tobacco used in the filler, or its packaging or labeling. is likely to be oftered to. or purchased by Consumers as a cigarette: or 2 09-16-19 TC Packet Page 66 of 136 66 3) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance. the type of tobacco used in the filler, or its packaging and labeling. is likely to be oltered to, or purchased by, Consumers as a cigarette described above. 4) the term includes all"roll-your-own." i.e.. any tobacco that. because of its appearance. type. packaging, or labeling. is suitable for use and likely to be oftered to, or purchased by Consumers as tobacco for making cigarettes. D. "Constituent" means any ingredient. substance, chemical, or compound other than tobacco. water" or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing. manulacture, or packing of a Tobacco Product. E. "Consumer" means an individual who purchases a Tobacco Product or Tobacco Paraphernalia tbr consumption and not tbr Sale to another. F. "Distinguishable" means perceivable by either the sense of smell or tastc, G. "Electronic Smoking Device" rneans any product containing or delivcring nicotine intended lbr human consumption that can be used by an individual to simulate smoking in the delivery of nicotine or any other substance. even if marketed as nicotine-fiee. through inhalation lionr the product. Electronic srnoking device includes any refill, cartridge or component part ol'a product" whether or not marketed or sold separately. Electronic smoking device does not include any product that has been approved or certified by the United States Food and Drug Administration lbr sale as a tobacco cessation product or tbr other medically approved or certified purposes. H. "Establishment" means any store. stand. booth, concession or any other enterprise that Sells. otlers tbr Sale. or does or ol'fers to exchange for any fbrm of consideration, Tobacco Products or'l-obacco Paraphernalia including. but not limited to any retail location. stand. outlet. vehicle. cart, vending machine. structure or any grounds where Tobacco Products and/or T'obacco Paraphernalia are sold or off'ered fbr exchange. I. "Flavored Tobacco Product" means any Tobacco Product. including Cigarettes. that contains a Constituent or that imparts a Characterizing Flavor. J. "Ingredient" means any substance. chemical or compound. other than tobacco. water or reconstituted tobacco sheet that is added by the manufacturer to a tobacco product during the processing. manufhcture or packing of the'fobacco Product. K. "Labeling" means written, printed, pictorial. or graphic matter upon any Tobacco Product or any of its Packaging. L. "License" means a Tobacco Product Retail License. M. "Manufacturer" means a Person, including any repacker or relabeler, who manufhcturers. fabricates, assembles. processes. or labels a Tobacco Product: or imports a Iinished Tobacco Product fbr Sale or distribution into the ljnited States. 3 09-16-19 TC Packet Page 67 of 136 67 N. "Packaging" means a pack. box, carton. or container of any kind or, if no other container. any r,r'rapping (including cellophane) in which a Tobacco Product(s) is sold or of fered fbr Sale to a consumer. O. "Person" in this Chapter means any natural person, partnership, cooperative association. corporation, limited liability company, personal representative. receiver. trustee. assignee or other legal entity. P. "Sale or Sell" means any transf'er. exchange. barter, gift, ollbr tbr sale. or distribution fbr a commercial purpose. in any manner. fbr any fbrm of consideration or by any means whatsoever. Q. "Tobacco Paraphernalia" means any item designed fbr thc consumption, use. or preparation of Tobacco Products. R. "Tobacco Product" means: l. any product which contains. is rnade or derived fiom tobacco or used to dcliver nicotine. synthetic nicotine or other substances intended fbr hurnan consunrption, whether heated, chewed, absorbed. dissolved, inhaled. snorted, snillbd or ingested by any other mcans. including, but not limited to Cigarcttes, Cigars, little Cigars. chewing tobacco. pipe tobacco. snufl, bidis. snus. mints, hand gels; and 2. an Electronic Smoking Device: 3. notwithstanding any provision of subsections ( I ) and 2) above to the contrary, "Tobacco Product" includes any component, part, accessory or associated Tobacco Paraphernalia of a Tobacco Product whether or not sold separately. 4. l'he term "Tobacco Product" does not include: (i) any product that contains marijuana: and (ii) any product made fiom or derived liom tobacco and approved by the Food and Drug Administration (FDA) lbr use in connection with cessation of smoking. S. "Tobacco Product Retailer" means any person who engages in the Sale of Tobacco Products and or Flavorcd T'obacco Products directly to the public from any store, stand. booth, concession. outlet. vehicle, cart, vending machine, structure or any grounds or any othcr enterprise that Sells. of'fers for Sale, or does or ol'lers to exchange frlr any fbrm of consideration. T. "Tobacco Product Retailing" means the act of selling. of lering fbr sale or exchanging or otfering to exchange fbr any fbrm of consideration, Tobacco Products and or Flavored Tobacco Products. 4 SCCtion 13.26.030 SALE OR DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS PROHIBITED. 09-16-19 TC Packet Page 68 of 136 68 A. l'he Sale or distribution by a Tobacco Product Retailer of a Flavored 'Iobacco Product(s) is prohibited. B. A Tobacco Product Retailer. or any of the Tobacco Product Retailer's agents, or employees shall not sell, ot'fer fbr sale or possess with the intent to sell a Flavored Tobacco Product(s). C. There shall be a rebuttable presumption that a Tobacco Product is presumed to be a Flavored'fobacco Product if a Manufacturer or any of the Manufacturer's agents or employees. in the course of their agency or employment. has madc a statemcnt or claim dircctcd to Consumers or to the public that the'fobacco Product has or produces a Characterizing Flavor. including. but not limited to, text. color; and/or images on the product's Labeling or Packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizi ng Flavor. D. There shall be a rebuttable presumption that a Tobacco Product Retailer in possession of lbur or more Flavorcd Tobacco Products. including but not limited to individual Flavored 'fobacco Products. packages of Flavored Tobacco Products, or any combination thereol" possesses such Flavored Tobacco Products with the intent to Sell or ofler said products fbr Sale. Section 13.26.040 COMPLIANCE MONITORING A. Entbrccment of this Chaptcr shall be monitored by the local police department and the City of Aspcn Environmental Health Departmcnt. B. All J'obacco Product Retailers shall be subject to a compliance check for adherence to the provisions of this Chapter at least tr.r,ice a year with violators being checked morc ficquently until two (2) consecutive checks are completed without a violation. Section 13.26.050 VIOLATIONS, PENALTIES AND FINES. A. Licensee Penalties and Fines. In addition to any other penalty authorized by law, if the City of Aspen Municipal Court determines based on the evidence. that a'fobacco Product Retail Licensee, or any of the Licensee's agents or employees, has violated any ol'the requirements. conditions. or prohibitions of this Chapter. or has pleaded guilty. "no contest" or its equivalent. or admitted to a violation of any law related to the Sale of Flavored Tobacco Products the fbllowing penalties shall be imposed on the Licensee: l. Upon the first violation. a penalty of I'ive hundred dollars ($500) 2. Upon the second violation within thirty-six (36) months, a penalty of one thousand five hundred dollars ($l 500). 3. lJpon the third violation within thirty-six (36) months. court appearance shall be mandatory, and the Court may issue a penalty of up to the maximum amount allow by 5 09-16-19 TC Packet Page 69 of 136 69 law or imprisonment fbr a period of up to one ( I ) year or both such fine and imprisonment at the discretion of the court. 4. Each day of violation constitutes a separate of-fbnse. B. Suspension or Revocation of Tobacco Product Retail License. In addition to the penalties set fbrth about. the City of Aspen may suspend or revoke a Tobacco Product Retailer license issued pursuant to Chapter 13.25, pursuant to the terms set fbrth in such Chapter 13.25. A T'obacco Product Retailer whose l.icense has been suspended or revoked pursuant to Chapter 13.25: l. Shall not display F'lavored Tobacco Products in public view during the time when the [.icense is suspended or revoked; and 2. Advertisements related to filavored'I'obacco Products that promote the sale or distribution of said products trom the location that could lead a reasonable person to believe that such products can be obtained liom the location shall not be displayed. C. Remedies Cumulative. Remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. In addition to the remedies provided by this Chapter or by any other law', any violation of this Chapter may be remedied by a civil action. brought by the City Attorney including. but not limited to injunctive relief . D. Causing. permitting. aiding, abetting or concealing a violation of anl,provision of this Chapter shall cause the ottbnder to be subject to the penalties set fbrth herein or in the Aspcn Municipal Code. Section 13.26.070 N0 CONFLICT WITH FEDERAL OR STATE LAW. Nothing in this Chapter shall be interpreted or applied so as to create any requirement. power. or dutl,that is preernpted by fbderal or state law. Section 2: Litieation This ordinance shall not at'fect any existing litigation and shall not operate as an abatentent of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: Severabilitv If any section, subsection" sentence. clause. phrase. or portion of this ordinance is fbr any reason held invalid or unconstitr"rtional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not afl'ect the validity of the remaining portions thereof. 6 09-16-19 TC Packet Page 70 of 136 70 'fhe City Clcrk is directed, upon the adoption ol'this ordinance. to record a copy of this ordinance in the olfice of the Pitkin County Clerk and Recorder. Section 4: Effective Date. 'l'his Ordinance shall become effective as ol.lanuary 1,2020 and in lull fbrce and eftect on and atier that date. Section 5: I'ublic Hearinq A public hearing on the ordinance shall he held on the 20tl' day ol'May 2019 in the City Council Chambers, Aspen City Ilall. Aspen, Colorado. seven (7) days prior to which hearing a public notice- of thc same was published pursuant to thc Aspcn Municipal Charter. INTRODUCED, READ AND ORDERED PUBLISHED as providcd by law. by the City Council o[the City of Aspen on the l3'r'day of May 2019. Steven Skadron. Mayor A i, Manning. City Cl FINALLY, adopted, passed and approved this IO day ot)$nc ZOtq ftrn ,p.trr{l,n>,1ir, 1,,., ?,1-\rr* t,'\tq,r **_11-r.16lr 6.M Steven Skadron, Mayor iV,n '1.-1rrit,*s, l.hy* i). -len, -[', ' >Y.,. r \ --fr,'rlrc'" t A-t.[ES'I': I I Marrning. City APPITOVED AS TO FORM: 7 amcs ft. T'rue. City Attorney L E' 09-16-19 TC Packet Page 71 of 136 71 ORDINANCE NO. 12 Series of 2019 Ar[ ORDINANCE OF TrrE TOWN OF CARBONDALE, COLORADO AMENDTNG CIIAPTER 6 OF THE MUNICIPAL CODE OF TIIE TOWII OF CARBONDALE TO ESTABLISH LICENSING REQUIREMENTS FOR THE RETAIL SALE OF TOBACCO PRODUCTS AND FURTIIER REGULATING TIIE SALE OF TOBACCO PRODUCTS, AMENDING CHAPTER 6, ARTICLE 7 REGARDING SUSPENSION, REVOCATION, OR NONRENEWAL OF CERTAIN LICENSES, AI\D AMENDING CIIAPTER 10, ARTICLE 6 REGARDING THE MINIMUM AGE FOR TIIE PURCHASE, POSSESSTON, AND CONSUMPTION OF TOBACCO PRODUCTS AND THE MTNIMUM AGE FOR TIrE PURCHASE, POSSESSTON, AND CONSUMPTION OF ELECTRONIC SMOKING DEVICES AND RELATED SUBSTANCES WHEREAS, Article XX of the Colorado Constitution grants to home rule municipalities "every powff theretofore possessed by the legislature to authorize municipalities to function in local and municipal affairs;" and WHEREAS, the Town of Carbondale (the "Town") is a home rule municipal corporation organized under the laws of the State of Colorado and possessing the maximum powers and authority and privileges to which it is entitled under Colorado law; and WHEREAS, the Centers for Disease Control and Prevention has reported a more than 800% increase in electronic cigarette use among middle school and high school students between 2011 and 2015;and WHEREAS, approximately 96 percent of smokers begin smoking before age 2l,iwith most beginning before age 16, iand smokers frequently hansition from experimentation to addiction between the ages of l8 and 2l;i and WHEREAS, youth use of e-cigarettes and similar products is associated with future cigarette use;iand WHEREAS ,8lo of youth who have ever used a tobacco product report that the first tobacco product was flavored; and WHEREAS, flavored tobacco products promote youth initiation of tobacco use and help young, occasional smokers to become daily smokers by reducing or masking the natural harshness and taste oftobacco increasing the appeal oftobacco products; and WHEREAS, young people are more likely than adults to use menthol-, candy- and fruit- flavored tobacco products, including cigarettes, electronic smoking devices, cigars, cigarillos, and hookah tobacco; and WHEREAS , in20l9 the Colorado General Assembly enacted House Bill 19-1033 which removed certain restrictions and penalties on local govemment regulation of tobacco products; and 09-16-19 TC Packet Page 72 of 136 72 Town of Carbondale Ordinance No. 12-2019 Page 2 WHEREAS, the requirement for a tobacco retail license will not unduly burden legal business activities of retailers who sell tobacco products; and WHEREAS, the Town finds that these regulations, including licensing requirements for tobacco product retailers and prohibitions on flavored tobacco product sales, are appropriate and necessary to protect the health, safety, and welfare of the citizens of the Town. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CARBONDALE, COLORADO that the Town of Carbondale Municipal Code shall be amended as follows: l. The foregoing recitals are hereby adopted as findings and determinations of the Board of Trustees. 2. A new Article 9, Tobacco Product Retail License, shall be added to Chapter 6 of the Town of Carbondale Municipal Code regarding sales tax licenses and regulations. The new Article 9 shall read as follows: Sec.6-9-10. Purpose and intent. The purpose of this Article is to establish license requirements for tobacco product retailers, to encourage responsible tobacco product retailing, to discourage sale or diskibution of tobacco products to individuals under the age of 21, and to prohibit the sale of flavored tobacco products. Sec. 6-9-20. Definitions. The following words and phrases, as used in this Article, shall have the following meanings Accessory means any product that is intended or reasonably expected to be used with or for the human consumption of a tobacco product; does not contain tobacco and is not made or derived from tobacco; and meets either of the following: (l) is not intended or reasonably expected to affect or alter the performance, composition, constituents, or characteristics of a tobacco product; or (2) is intended or reasonably expected to affect or maintain the performance, composition, constituents, or characteristics of a tobacco product but (a) solely controls moisture and/or temperature of a stored tobacco product; or (b) solely provides an external heat source to initiate but not maintain combustion of a tobacco product. Accessory includes, but is not limited to, carrying cases, lanyards and holsters. Characterizing flavor means a distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a 09-16-19 TC Packet Page 73 of 136 73 Town of Carbondale Ordinance No. 12-2019 Page 3 distinguishable taste or aroma or both, as described in the first sentence of this definition that constifutes a characterizing fl avor. Cigarettes mean any product that contains tobacco or nicotine, including, but not limited to, premanufactured cigarettes and/or hand-rolled cigarettes, that is intended to be burned or heated under ordinary conditions ofuse, and consists ofor contains: (1) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) Tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by consumers as a cigarette; or (3) Any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in subparagraph (l) above. (a) The term includes all "roll-your-own," i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. Component or part means any software or assembly of materials intended or reasonably expected: (l) to alter or affect the tobacco product's performance, composition, constituents, or characteristics; or (2) to be used with or for the human consumption of a tobacco product or electronic smoking device. Component or part excludes anything that is an accessory, and includes, but is not limited to e-liquids, cartridges, certain batteries, heating coils, programmable software and flavorings for electronic smoking device. Constituent means any ingredient, substance, chemical or compound other than tobacco, water or a reconstituted tobacco sheet that is added by the manufacfurer to a tobacco product during the processing, manufacturer or packaging of a tobacco product. Distinguishable means perceivable by either the sense of smell or taste. Electronic smoking device means any product containing or delivering nicotine intended for human consumption that can be used by an individual to simulate smoking in the delivery or nicotine or any other substance, even if marketed as nicotine-free, through inhalation from the product. Electronic smoking device includes any refill, cartridge or component part of a product, whether or not marketed or sold separately. Electronic smoking device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medically approved or certified purposes. Flavored tobacco product means any tobacco product that contains a constituent or that imparts a characteri zing flav or. 09-16-19 TC Packet Page 74 of 136 74 Town of Carbondale Ordinance No. 12-2019 Page 4 Ingredient means any substance, chemical or compound, other than tobacco, water, reconstituted tobacco sheets that are added by the manufacturer to a tobacco product during the processing, manufacture or packaging of the tobacco product. License refers to the tobacco product retail license. Licensee means the owner or holder of a tobacco product retail license. Licensing administrator means the person(s) within the Town government designated with responsibilities by the Town Manager for license issuance, renewal, and collection of fees. Minimum legal sales age means twenty-one (21) years of age or older. Mobile vending means any sales other than at a fixed location. Person means natural person, a joint venture, joint-stock company, partnership, association, firm, club, company, corporation, business, trust or otganization, or the manager, lessee, agent, seryant, officer or employee of any of them. Self-service display means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employer of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine or other coin-operated machine are forms of a self-service display. Tobacco paraphernalia means any item designed for the consumption, use, or preparation of tobacco products. Tobacco product means (1) any product which contains, is made, or derived from tobacco or used to deliver nicotine or other substances intended for human consumption, whether smoked, heated, chewed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, liffle cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, bidis, snus, mints, hand gels, Cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scraps, clippings, cutting, and sweepings of tobacco; (2) electronic smoking devices; (3) notwithstanding any provision of subsections ( I ) and (2) to the contrary, "tobacco product" includes any component, part, accessory, or associated tobacco paraphernalia of a tobacco product whether or not sold separately. Excluded from this definition is any product that contains marijuana and any products specifically approved by the U.S. Food and Drug Administration for use in reducing, treating, or eliminating nicotine or tobacco dependence or for other medical purposes when these products are being marketed and sold solely for such approved purpose. Tobacco product retail location means any premises where tobacco products or tobacco paraphernalia are sold or distributed to a consumer, including, but not limited to, hookah bar, lounge, or cafe, any grounds occupied by a retailer, any store, stand, outlet, vehicle, cart, location, vending machine, or structure where tobacco products are sold. 09-16-19 TC Packet Page 75 of 136 75 Town of Carbondale Ordinance No. l2-2019 Page 5 Tobacco product retailer means any person who sells, offers for sale, or does or offers to exchange for any form ofconsideration tobacco products or tobacco paraphernalia. Tobacco product retailing means the doing of any of these things. This definition is without regard to the quantity oftobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. Vending machine shall mean any mechanical, electrical, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment dispenses product. Sec. 6-9-30. License required. (a) It shall be unlawful for any person to act as a tobacco product retailer in the Town unless he or she has obtained a license and maintains the same in fuIl force and effect pursuant to this Article for each location where tobacco product retailing occurs. (b) No license shall be issued to authorize tobacco product retailing anywhere other than at a fixed location within the Town that is designated in the license application and approved by the Licensing Administrator. Tobacco product retailing by persons on foot, from vehicles, or through mobile vending is prohibited. (c) No licenses within 500 feet of schools. No licenses shall be issued to retailers located within 500 feet from any public or parochial school as determined by the Town Manager or his or her designee. This reshiction shall not apply to an existing tobacco product retail location within 500 feet of a school as of the effective date of this Ordinance, but a license for such location shall not be transferable. (d) No licenses shall be issued to applicants under the minimum legal sales age. (e) All tobacco product retailers must submit an application for a license within 45 days of the effective date of this Ordinance. Sec. 6-9-40. Conditions of the tobacco product retail license. (a) Display of license. Each license shall be prominently displayed in a publicly visible location at the licensed tobacco product retail location. (b) Display of minimum legal sales age requirements. The requirement of the minimum legal sales age for the purchase of tobacco retail products shall be prominently displayed in the entrance (or other clearly visible location) of the tobacco product retail location. Said warning signs shall have a minimum height of three inches and a width of six inches, and shall read as follows: WARNING 09-16-19 TC Packet Page 76 of 136 76 Town of Carbondale Ordinance No. 12-2019 Page 6 IT IS ILLEGAL TO SELL TOBACCO PRODUCTS TO ANY PERSON UNDER 21 YEARS OF AGE AND IT IS ILLEGAL FOR ANY PERSON UNDER 21 YEARS OF AGE TO PTIRCHASE TOBACCO PRODUCTS (c) Locations. A tobacco product retail location may only have one active license at one time. Every license is separate and distinct and specific to a designated location. (d) Minimum age for persons handling tobacco products. A person under the age of 2l may, while employed at a tobacco product retail location, possess or handle tobacco products or tobacco paraphernalia as part of that individual's employment at a tobacco product retail location, so long as such individual does not sell or provide tobacco products to a person under the age of 2l - (e)Prohibition of self-service displays. No licensee shall sell or permit the sale of tobacco products by use of a self-service display. Licensees shall stock and display all tobacco products in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the tobacco products from an employee of the business to the customer. (0 Prohibition on flavored tobacco sales. Licensees shall not sell, offer for sale, or possess with the intent to sell any flavored tobacco product(s). This prohibition shall take effect 30 days after the effective date of this Ordinance. Any sale of flavored tobacco product(s) after that date will be a violation of this Article. (g) Requirements of positive identification. No person engaged in tobacco product retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of forty (40) years without first examining the government-issued photographic identification of the recipient to confirm that the recipient is at least the minimum legal sales age. Sec. 6-9-50. Application procedure. (a) All license applications shall be filed with the Town Clerk. An application for a license or a new application for a transfer of a license shall be submitted and signed by an individual authorized by the person or entity making application for the license. It is the responsibility of each applicant and/or licensee to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of said license. No applicant and/or licensee may rely on the issuance of a license as a determination by the Town that the proprietor has complied with all applicable tobacco retailing laws. (b) All applications shall be submitted on a form supplied by the Town clerk. 09-16-19 TC Packet Page 77 of 136 77 Town of Carbondale Ordinance No. l2-2019 PageT (c) A licensed tobacco product retailer shall inform the Town Clerk in writing of any change in the information submitted on an application for a license within thirty (30) business days ofa change. (d) All license applications shall be accompanied by the payment in full of all fees as set forth in the Fee Schedule attached as Appendix A to this Code. Sec.6-9-60. Issuance ofa retail license. (a) The Licensing Administrator shall consider and act upon all complete applications filed with the Town Clerk in accordance with the standards and procedures set forth in this Article. (b) Upon the receipt of a completed application for a tobacco product retail license and the paid license fee pursuant to this Article, the Licensing Administrator shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists: (l) The information presented in the application is incomplete, inaccurate, or false; (2) The applicant seeks authorization for a license at a location where this Article prohibits the issuance of a license; (3) The applicant seeks authorization for a license and the applicant's current license is suspended or revoked; (4) The applicant is not qualified to hold the requested license under the provisions of this Article; (5) The applicant and/or retail location is not in full compliance with this Article or all applicable Town, state, or federal laws and regulations. (c) If the Licensing Administrator denies the issuance of the license, the Town Clerk shall notitr the applicant in writing by regular mail postage prepaid on the address shown in the application. The notice shall include the grounds for denial. Notice is deemed to have been properly given upon mailing. (d) An applicant has the right to appeal the Licensing Administrator's denial of an application to the Board of Trustees. Such an appeal shall be initiated by filing a written request with the Town Clerk within twenty (20) days of the date of the notice of denial of the issuance of a license. (e) The applicant's failure to timely appeal the decision of the Licensing Administrator is a waiver of the applicant's right to contest the denial of the issuance of the license. 09-16-19 TC Packet Page 78 of 136 78 Town of Carbondale Ordinance No. l2-2019 page 8 Sec. 6-9-70. License term, expiration, renewal. (a) Term. All licenses issued under this Article shall be effective for the period of one (1) year from the date of issuance. For a tobacco product retailer that also holds a current liquor license pursuant to Chapter 6, Article lof this Code, the term length and applicable fees of the initial term of tobacco product retail license shall be prorated, and the tobacco product retail license shall be renewed contemporaneously with the next renewal of the retailer's liquor license. (b) Renewal of license. A licensee shall apply for the renewal of the license and submit the renewal license fee, as set forth in the Fee Schedule attached as Appendix A to this Code, no later than thirly (30) days prior to expiration of the existing term. The Licensing Administrator shall renew the license prior to the end of the term, provided that the renewal application and fee were timely submitted, and the Licensing Administrator is not aware of any fact that would have prevented issuance of the original license or issuance of the renewal. (c) Expiration of license. A license that is not timely renewed shall expire at the end of its term. The failure to timely obtain a renewal of a license requires submission of a new application. There shall be no sale of any tobacco products after the license expiration date and before the new license is issued. Sec. 6-9-80. Transfers. A license may be transferred from one person to another or from one location to another. However, a transfer may not occur if the license to be transferred is out of compliance with any applicable Code provision, the transferee does not qualiSr to hold the transferred license under the provisions of this Article, and/or the transferee and/or new retail location is not in full compliance with this Article or all applicable Town, state, or federal laws and regulations. Sec. 6-9-90. Compliance monitoring. The Carbondale Police Department may at its discretion conduct compliance checks, including the use of decoys, to determine compliance with this section and with other laws applicable to tobacco products. The failure of two compliance checks, performed either by the Carbondale Police Department or the State of Colorado, in one calendar year shall be grounds for suspension of the license pursuant to Chapter 6, Article 7, and the failure of three compliance checks, performed either by the Carbondale Police Department or the State of Colorado, in one calendar year shall be grounds for revocation of the license pursuant to Chapter 6, Article 7. Sec. 6-9-100. Education requirement. Following every violation of this Ordinance or other laws applicable to tobacco products, the retailer must conduct, with all retailer employees, a retailer education program approved by the Town. 09-16-19 TC Packet Page 79 of 136 79 Town of Carbondale Ordinance No. 12-2019 Page 9 3. Chapter 6, Article 7 shall be amended by deleting the language stricken and adding the language underlined to read as follows: ARTICLE 7 - Suspension, Revocation or Nonrenewal of a Liquor License, Retail Marijuana License, or Medical Marijuana License, or Tobacco Product Retail License 4. Chapter 10, Article 6 shall be amended by deleting the language stricken and adding the language underlined to read as follows: (a) For purposes of this Code, the following words shall have the meanings ascribed hereafter: Electronic smoking device means any product containing or delivering nicotine intended for human consumption that can be used by an individual to simulate smoking in the delivery or nicotine or any other substance, even if marketed as nicotine-free, through inhalation from the oroduct. Electronic smokins device includes anv refill. cartridse or comnonent nart of a oroduct. whether or not marketed or sold senaratelv. Zicersee means the owner or holder of a tobacco oroduct retail license nursuant to Chaoter 6. Article 9. ip ifress- Tobacco product retail location means any premises where tobacco products or tobacco parapherualia are sold or distributed to a consumer, including, but not limited to, hookah bar, lounge, or cafe, any grounds occupied by a retailer) any store, stand, outlet, vehicle, cart, location, vending machine, or structure where tobacco products are sold. Tobacco product retailer means any person who sells, offers for sale, or does or offers to exchange for any form ofconsideration tobacco products ortobacco paraphernalia. Tobacco 09-16-19 TC Packet Page 80 of 136 80 Town of Carbondale Ordinance No. l2-2019 Page 10 product retailing means the doing of any of these things. This definition is without regard to the quantity oftobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. (b) Any person who is engaged in tobacco product retailing who knowingly sells any tobacco products to a person under the age of 21 commits an offense and, upon conviction thereof, shall be punished by a fine of $100.00 for the first offense, $250.00 or a summons with fine up to $2,650.00 for the second offense, and $500.00 or a summons with fine up to $2,650.00 for the third offense, and a summons with fine up to $2,650.00 for the fourth and any subsequent offense(s). It shall be an affirmative defense to prosecution under this subsection that the person furnishing the tobacco products was presented with and reasonably relied upon a valid state driver's license or other government-issued form of identification which identified the person receiving the tobacco products as being 2l years of age or older. (c) Any person who sells, gives, or otherwise supplies any tobacco product(s) to a person under the age of 21 is subject to a civil penalty of $100.00 for the first violation, $250.00 for the second violation, and $500.00 for the third and any subsequent violation(s). (d) A licensee eroerietor is responsible for the actions of its agents and employees in regard to the sale oftobacco products, and the illegal sale ofany tobacco products to a person under the age of 2l at the licensee's tobacco product retail location may result in the assessment of a civil penalty to the licensee proprietor in the following amounts: up to $1,000.00 for the first violation, up to $1,500.00 for the second violation, and up to $2,000.00 for the third and any subsequent violation(s). A conviction pursuant to subsection (b), above, shall constitute prima facie evidence of a licensee's proprietods violation of this subsection. These civil penalties may be assessed in addition to suspension or revocation ofthe license pursuant to Chapter 6, Article 7. (e) Any person under the age of 2l who purchases or attempts to purchase any tobacco products, and/or is found to be in possession of any tobacco products is subject to a civil penalty of $100.00 for the first violation, $250.00 for the second violation, and $500.00 for the third and any subsequent violation(s); except that, following the issuance of a civil penalty for a first offense under this subsection, the Municipal Court in lieu of the civil penalty may permit the person to participate in a tobacco or vaping education program. The Court may also allow such person to perform community service and be granted credit against the civil penalty at the rate of $5.00 for each hour of work performed, for up to 50 percent of the civil penalty amount. (0 For the pufposes of this Section, each separate incident at a different time and occasion is a violation. 09-16-19 TC Packet Page 81 of 136 81 Town of Carbondale Ordinance No. 12-2019 Page I I (g) --++o person shal+ s€l+ or pemrt the sal,e of tobaeeo pr€duets by use ef a setf-seruiee diselay tobaeeo produet ffi shal+ sffi and drsplay all tobaeeo preduets in a ffiafffier so as to make al+ sueh produ€ts inaeeessible to eustomers without the assistanee ef a retail eHq th€r€by reqeiriry a direet faee+o-{aee of thefu erodu€ts ftom an of the bus-ifress te the eustoffiffi €igare#es rftay in: ie; (2) --+laees to whffi persofts ffider the age ef Z+ are not p€ffiiffed aeee{x} at any time @ (3) +taees v#€r€ the self*erriee diselay is und€r th€ direet of the owner of the estabtishment ot an adult of the orilinq ifteludine but not +ifrited tq estab{ishments holding a valid +iquor +i€€nse issued pursuant to €*+ A.r*iele 3 of Title-44. (h) --4fty person v#o sells or oftrs to sel+ any fu prodilets shall drsptay a wanriftg sign as seeeif,€d it this #ion; Said waffiiry srgn shall be displayed in a promine* plaee in the tobaeeo er€du€t retail loeation at al+ timeq shall have a STARNhIG O --*ny visla+ion of subseetion (h) above shal+ not eonstitute a vielation of any other eroYision-oft+is{€etion. €) --+he €adrondale Hi€€ J@ may at its diseretisn eondr*et eoffp+ian€e eheekq the use of deeoyE to detemine vrith this s€etioft and (kg) A person under the age of 2 I who possesses or handles tobacco products as part of that individual's employment at a tobacco product retail location does not commit a violation of this Section so long as such individual does not sell or provide tobacco products to a person under the age of 21. 5. This Ordinance shall be effective upon posting and publication in accordance with the Carbondale Home Rule Charter. INTRODUCED, READ AND PASSED THIS _ day of 20t9 09-16-19 TC Packet Page 82 of 136 82 Town of Carbondale Ordinance No. 12-2019 Page 12 TOWN OF CARBONDALE, COLORADO a Colorado home rule municipal corporation, Dan Richardson, Mayor ATTEST: Cathy Derby, Town Clerk POSTED: PUBLISHED: EFFECTTVE: 1341541 l_vl i U.S. DSP,T OF HEALTH AND HUMAN SERVS., PREVENTING ToBACCo USE AMoNG YoUTH AND YoTJNG ADULTS, A REPORT OF THE SURGEON GENERAL 268, Table 3.t.9 (2012); CAMPAIGN FoR TOBACCO FREE KIDS, INCREASING THE MTNTMIJM LEGAL SALE AGE FOR TOBACCO PRODUCTS TO 21, I (201s). iu.s. ngp't oF UEALTH AND HUMAN sERvs., pREVENTING ToBACCo usE AMoNG yourH AND yoIJNG ADULTS, A REPORT OF THE SURGEON GENERAL 268, Table 3.1.9 (2012). i cRuparcN roR ToBACCo FREE KIDS, INCREASING TIrE MINIMUM LEGAL SALE AGE FoR ToBACCo pRoDUCTS To 21, I (20 l 5). iDutra and Glantz, E-Cigarettes and conventional cigarette use among US adolescents: A crosssectional study, 7 JAMA PEDIATRICS 610, 610 (2014); Adam M. Leventhal et al., Association of Electronic Cigarette Use with Initiation of Combustible Tobacco Product Smoking in Early Adolescence, 314 J OF THE AM. MED. ASSOC. 700,706 (2015); Thomas A Wills et al., E-cigarette use and willingness to smoke: a sample of adolescent non-smokers, 25 TOB. CONTROL e52, e54 (2016); Brian A. Primack, et al., Progression to Traditional Cigarette Smoking after Electonic Cigarette Use among US Adolescents and Young Adults, 169 JAMA PEDIATRICS 1018, 1021 (2015); see Graham F. Moore et al., E-cigarette use and intentions to smoke among 10- I l -year-old never-smokers in Wales, 25 TOB. CONTROL 147 , l5l (2014) (finding e-cigarette use associated with weaker antismoking intentions); Rebecca E. lrrnnell, Intentions to Smoke Cigarettes among Never-Smoking U.S. Middle and High School Electronic Cigarette Users, National Youth Tobacco Survey, 201 1-2013, 17 Nicotine & Tobacco Research 228, 230-231 (2014); see also Andrea C. King et al., Passive exposure to electronic cigarefte (e-cigarette) use increases desire for combustible and e-cigarettes in young adult smokers, 24TOB. CONTROL 501, 503 (2015) (frnding passive exposure to both e-cigarette and combustible cigarette use increased urge to smoke regular cigarettes); c.f. Abigail S. Friedman, How Do Electronic Cigarettes Affect Adolescent Smoking?, 44 J. of Health Economics 300, 300 (2015) (finding youth smoking increases with reduced access to e-cigarettes). 28 N.Y. STATE DEP'T OF HEALTH, Youth Cigarette Use at All-Time Low, ENDS Use Doubles, STATSHOT VOL.10, NO.l (March 2017), available at https://www.health.ny.gov/prevention/tobacco_controVreports/statshots/volume10/n13outh-cigarette_an d_ends_use.pdf (last visited May 23, 2017). 09-16-19 TC Packet Page 83 of 136 83 ORDINANCE NO.21 Series of 2019 AN ORDINANCE OF' THE CITY OF GLENWOOD SPRINGS, COLORADO, ESTABLISHING LICENSING REQUIREMENTS FOR THE RETAIL SALE OF TOBACCO PRODUCTS, RAISING THE MINIMUM AGE OF TOBACCO PRODUCT PURCIIASE TO TWENTY.ONE YEARS OF AGE, FURTIIER REGULATING THE SALE OF TOBACCO PRODUCTS, AND AMENDING TITLES O5O AND LzO OF THE GLENWOOD SPRINGS MUNICIPAL CODE. WHEREAS, the City of Glenwood Springs ("Glenwood Springs" or the "City") is a home- rule municipality organized under Article XX of the Colorado Constitution and with the authority of the Glenwood Springs Home Rule Charler; and WHEREAS, tobacco use in the U.S. has declined substantially since the Surgeon General's 1964 report, from 42 percent smoking to now about 14 percent for adults; and WHEREAS, despite such declines, tobacco use remains one of the greatest public health challenges in the United States where almost 500,000 Americans still die prematurely each year from diseases related to cigarette smoking, comprising 85 percent of lung cancer deaths, which in Colorado is the number one cause of preventable death and accounts for 5,100 deathsperyear; and WHEREAS, it is estimatcd that smoking directly causes $1.89 billion in annual health care costs in Colorado; and WIIEREAS, 90% of adult smokers started smoking before the age of 18 and each day more than 3,000 adolescents in the U.S. try their first cigarette; and WHEREAS, youth use of electronic cigarettes (e-cigarettes), flavored tobacco, and similar products - many of which are procured by internet sales - is associated with future cigarette use; and WHEREAS, the Centers for Disease Control and Prevention reports that there were 1.5 million more cunent youth e-cigarette users and 38.3 percent more tobacco use among high school students in 2018 than 2017; and WIIEREAS, research shows that youths acquire tobacco products from their peers and thatg0o/o of the "social sources" (friends and family) of tobacco for 12-18 year old users are 18- 2l year old persons; and 09-16-19 TC Packet Page 84 of 136 84 WHEREAS, over 225 U.S.local governments and the states of California and Hawaii have enacted into law regulations prohibiting the sale of tobacco products to individuals under the age of2l and research has shown such regulations are effective in decreasing high school tobacco use by up to 50%; and WIIEREAS, in 2019 the Colorado General Assembly enacted House Bill 19-1033 which removed restrictions and penalties on local government regulation of tobacco products; and WIIEREAS, City Council finds and declares that the amendments to the Municipal Code regarding the tobacco retail licensing requirements, raising the minimum tobacco purchase age, prohibitions on flavored tobacco and internet sales set forth herein are proper in light of the needs and desires of the City and in the promotion of the public health, safety and welfare of the City's residents and visitors. NOW, THEREFORE, TIIE CITY COUNCIL OF' THE CrTy OF GLENWOOD SPRINGS, COLORADO, ORDATNS: Section 1. The foregoing recitals are incorporated herein as if set forth in full Section 2. A new Article I 10 of Title 050 of the Glenwood Springs Municipal Code is hereby adopted as set forth in Exhibit A attached hereto. Section 3. Title 120 is hereby amended as set forth in Exhibit B attached hereto. Section 4. The Code Amendments contained herein by Exhibits A and B shall become effective as follows: (a) 050.110.030 MinimumLegal Sales Age,050.110.050(b), and all changescontained in Exhibit B shall take effect September 15,2079. (b) The prohibition ofthe Sale of Flavored Tobacco Products as defined in 050.1 10.020 shall take effect October 15,2419. (c) The provisions of 050.110.040 through 050,110.140 shall take effect January 1, 2020 unless otherwise specified above. (d) All other provisions shall take effect in accordance with the Charter. Section 5. The Code amendments contained herein by Exhibits A and B shall become effective in accordance with the City Charter ten days after publication. WHEREAS, research shows that youth typically do not make the additional effort to travel to neighboring localities to acquire tobacco when if the age to purchase tobacco has increased to 21 in their locality; and 09-16-19 TC Packet Page 85 of 136 85 SEALuJrtr Ez INTRODUCED, READ ON FIRST READING, PASSED AND ORDERED PUBLISHED BY THIS 1ST DAY OF AUGUST 2019. CITY OF GLENWOOD SPRINGS, COLORADO Godes, Mayor ATTEST: Catherine Mythen Fletcher, City Clerk INTRODUCED, READ ON SECOND READING, AND ORDERED PUBLISHED BY TITLE ONLY TO BE EFFECTIVE TEN DAYS FOLLOWING THE DATE OF SECOND PUBLICATION THIS 15TH DAY OF AUGUST 2019, n," H-,r,- ATTEST: Catherine Mythen Fletcher, City Clerk SEALO CITY OF GLENWOOD SPRINGS, COLORADO 09-16-19 TC Packet Page 86 of 136 86 Exhibit A Exhibit A ARTICLE O5O.{10 - TOBACCO PRODUCT RETAIL LICENSE 050.110.010. - Purpose and Applicability. (a) The purpose of this Article is to establish License requirements for Tobacco Product and Tobacco Paraphernalia Retailers and to set forth the requirements for the sale of Tobacco Products and Tobacco Paraphernalia to persons under twenty one years of age to protect the health, safety and welfare of individuals in the City, to encourage responsible Tobacco and Tobacco Paraphernalia retailing and to reduce illegal sales of said products in Glenwood Springs, Colorado. (b) This Article applies to Tobacco Product and Tobacco Paraphernalia Retailers, as defined herein 050, 1'1 0.020.- Definitions. The following words and phrases, as used in this Article, shall have the following meanings: Accessory means any product that is intended or reasonably expected to be used with or for the human consumption of a Tobacco Product, does not contain tobacco and is not made or derived from tobacco; and meets either of the following: (1) is not intended or reasonably expected to affect or alter the performance, composition, Constituents, or characteristics of a Tobacco Product; or (2) is intended or reasonably expected to affect or maintain the performance, composition, Constituents, or characteristics of a Tobacco Product but (a) solely controls moisture and/or temperature of a stored Tobacco Product; or (b) solely provides an external heat source to initiate but not maintain combustion of a Tobacco Product. Accessory includes, but is not limited to, carrying cases, lanyards and holsters. Adult-Only Establishmenf means a facility where the operator ensures or has a reasonable basis to believe, such as by checking the identification of any person appearing to be under the age of thirly (30), that no person under the Legal Age is permitted entrance. Characterizing Flavor means a Distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Producl or any byproduct produced by the Tobacco Product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, spice; provided, however, that a Tobacco Product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a Distinguishable taste or aroma or both, as described in the first sentence of this definition that constitutes a characterizing flavor. Cigarette means any product that contains tobacco or nicotine, that is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (1) any roll of tobacco wrapped in paper or in any substance not conlaining tobacco; L 09-16-19 TC Packet Page 87 of 136 87 Exhibit A (2) tobacco in any form that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging or labeling, is likely to be offered to, or purchased by consumers as a cigarette; or (3) roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described In subparagraph (1 Xa) above. (4) the term includes all "roll-your-own," i.e., any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making cigarettes. Component or Part means any software or assembly of materials intended or reasonably expected: (1) to alter or affect the Tobacco Product's performance, composition, Constituents, or characteristics; or (2) to be used with or for the human consumption of a Tobacco Product or Electronic Smoking Device. Component or Part excludes anything that is an Accessory, and includes, but is not limited to e-liquids, cartridges, certain batteries, heating coils, programmable software and flavorings for Electronic Smoking Device. Distinguishable means perceivable by either the sense of smell or taste. Electronic Smoking Device means an electronic device that, when activated, emits a vapor, aerosol, fume or smoke that may be inhaled or absorbed by the user, including, but not limited to, an a-cigarette, e-cigar, e-pipe, vape pen, e-hookah and similar devices. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance, with orwithout nicotine, intended to be aerosolized, vaporized or produces a fume or smoke during the use of the device intended for human consumption. Flavored Tohacco Product means any Tobacco Product that imparts a Characterizing FIavor. Hearing Officer means the person appointed by the City Manager. Licensee means the owner or holder of a Tobacco Product Retailer License License refers to the Tobacco Product Retailer license. Licensing Administrafor means the person(s) within the City government designated with responsibilities by the City Manager for license issuance, renewal and collection of fees. Minimum Legal Sales Age means twenty-one (21) years of age or older. Mobile Vending means any sales other than at a fixed location. Person means natural person, a joint venture, joint-stock company, partnership, association, firm, club, company, corporation, business, trust or organization, or the manager, lessee, agent, servant, officer or employee of any of them, Se/f-service Display means the open display or storage of Tobacco Products in a rnanner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person{o-person 2 09-16-19 TC Packet Page 88 of 136 88 Exhibit A transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self- service display. Tobacco Paraphernalia means any item designed for the consumption, use or preparation of Tobacco Products. Tobacco Product means 1) any product which contains, is made or derived from tobacco or used to deliver nicotine or other substances intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snofied, sniffed or ingested by any other means, including, but not limited to Cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, mints, hand gels; or 2) electronic smoking device. Notwithstanding any provision of subsections 1) and 2) to the contrary, "tobacco product" includes any component, part, accessory or associated tobacco paraphernatia of a tobacco product whether or not sold separately. The term "Tobacco Product" does not include: (i) any product that contains marijuana; or (ii) any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking. Tobacco Product Retail Location or Retail Location means any prernises where Tobacco Products are sold or distributed to a consumer including, but not limited to, hookah bar, lounge or cafe, any grounds occupied by a retailer, any store, stand, outlet, vehicle, cart, location, vending machine or structure where Tobacco Products are sold. Tobacco Product Retailer means any Person who sells, offers for sale, or does or offers to exchange for any form of consideration, Tobacco Products, or Tobacco Paraphernalia. "Tobacco Retailing'i shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. Tobacco Product Retailing means the selling, offering for sale, or exchanging for any form of consideration a Tobacco Product, including internet or e-cornmerce sale or delivery, Vending Machine shall mean any mechanical, electrical, or electronic self-service device which, upon insertion of rnoney, tokens, or any other form of payment dispenses product. 050.1 10.030, - Minimum legal sales age. Tobacco Products shall not be sold to any person younger than the Minimum Legal Sales Age. 050.110.040, - License required, (a) On or after _, 20-, it shall be unlawful for any person to act as a Tobacco Product Retailer in the City unless he or she has obtained a License and maintains the same in full force and effect pursuant to this Article for each location where Tobacco Product Retailing occurs. (b) No license shall be issued to authorize Tobacco Product retailing anywhere other than at a fixed location within the City that is designated in the License application and approved by the Licensing Administrator. Tobacco Product Retailing by persons on foot, from vehicles, through Mobile Vending, or internet or e-commerce is prohibited. 3 09-16-19 TC Packet Page 89 of 136 89 Exhibit A 050.110.050. - Conditions of the Tobacco Product Retail License. (a) Display of License. Each License shall be prominently displayed in a publicly visible location at the licensed Tobacco Product Retail Location. (b) Display of lVlinimum Legal Sales Age Requirements. The requirement of the [\ilinimum Legal Sale Age for the purchase of Tobacco Retail Product shall be prominently displayed in the entrance (or other clearly visible location) of the Tobacco Product Retail Location and contain at minimum the following. WARNING IT IS ILLEGAL FOR ANY PERSON UNDER TWENTY-ONE YEARS OF AGE TO PURCHASE C]GARETTES AND TOBACCO PRODUCTS AND, UPON CONVICTION, A FINE IUAY BE IMPOSED. (c) Locations. A Tobacco Product Retail Location may only have one active License at one time. Every License is separate and distinct and specific to a designated location. (d) Minimum age for persons handling Tobacco Products. No Person who is younger than the Minimum Legal Sales Age shall, while employed at a Tobacco Product Retail Location, sell, stock, retrieve, or otherwise handle Tobacco Products or Tobacco Paraphernalia. (e) Prohibition of SeltService Displays. Licensees shall stock and display all Tobacco Products and Tobacco Paraphernalia in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct faceto-face exchange of the Tobacco Product or Tobacco Paraphernalia from an employee of the business to the customer except in an Adult-Only Establishment. (f) Prohibition on Flavored Tobacco Sales. Licensees shall not sell, offer for sale or possess with the intent to sell any Flavored Tobacco Product(s). (g) Requirements of positive identification. No person engaged in Tobacco Product Retailing shall sell or transfer a Tobacco Product or Tobacco Paraphernalia to another person who appears to be under the age of forty (40) years without first examining the identification of the recipient to confirm that the recipient is at least the Minimum Legal Sales Age. 4 (c) No Licenses within 500 feet of schools. No Licenses shall be issued to retailers located within 500 feet from any public or parochial school as determined by the Licensing Administrator. This restriction shall not apply to an existing Retail Location within 500 feet of a school. (d) No Licenses shall be issued to applicants under the fVlinimum Legal Sales Age. (e) Tobacco Retailing without a valid License is a violation of the Article. 09-16-19 TC Packet Page 90 of 136 90 Exhibit A 050.1 10.060. - Application procedure. (a) An application for a License shall be submitted and signed by an individual authorized by the person or entity making application for the License. lt is the responsibility of each applicant and/or Llcensee to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of said License. No applicant and/or Licensee may rely on the issuance of a License as a determination by the City that the proprietor has complied with all applicable tobacco retailing laws. (b) All applications shall be submitted on a form supplied by the Licensing Administrator. (c) A licensed Tobacco Product Retailer shall inform the Licensing Administrator in writing of any change in the information submitted on an application for a License within thirty (30) business days of a change. (d) All License applications shall be accompanied by the payment in full of all fees as required. 050.1 10.070. lssuance of a Tobacco Product License. Upon the receipt of a completed application for a License as required by this Article, the Licensing Administrator shall sign and issue a License within thirty (30) days which period may be extended by the Licensing Administrator for good cause unless substantial evidence demonstrates that one or rnore of the following bases for denial exists: (a) The information presented in the application is incomplete, inaccurate, or false; (b) The applicant seeks authorization for a License at a location where this Article prohibits the issuance of a License, (c) The applicant seeks a License for a location that is not appropriately zoned for the use; (d) The applicant seeks authorization for a License and the applicant's current License is suspended or revoked; (e) The applicant is not qualified to hold the requested License under the provisions of this Article; (f) The applicant and/or retail location is not in compliance with all City, state or federal laws; (g) The applicant is indebted to, or obligated in any manner to the City for unpaid taxes, liens or other monies: or (h) The payment of the licensing fee in the full amount chargeable for such License does not accompany such License application. 050.1 10.080. - Denial of Tobacco Product License. (a) lf the Licensing Administrator denies the issuance of the License, the Licensing Administrator shall notify the applicant in writing by regular mail postage prepaid on the address shown in the appllcation, The notice shall include the grounds for denial. Notice is deemed to have been properly given upon mailing. (b) An applicant has the right to appeal the Licensing Administrator's denial of an application to the Hearing Officer that shall be appointed by the City Manager. Such an 5 09-16-19 TC Packet Page 91 of 136 91 Exhibit A appeal shall be initiated by filing a written request with the Licensing Administrator within twenty (20) days of the date of the notice of denial of the issuance of a License. (c) The applicant's failure to timely appeal the decision of the Licensing Administrator is a waiver of the applicant's right to contest the denial of the issuance of the License. (d) The appeal, including any right to further appeals, shall be conducted and controlled by the provisions of Rule 106(a)(a) of the Colorado Rules of Civil Procedure. The standard of proof at such appeal shall be a preponderance of the evidence and the burden of proof shall be upon the applicant. The Licensee's failure to timely appealthe decision is a waiver of the Licensee's right to contest the suspension or revocation of the License. 050.1 10.090. - License term, renewal and expiratlon. (a) Term. All Licenses issued under this Code shall be for the period of one (1) year (b) Renewal of License, A Licensee shall apply for the renewal of the License and subntit the renewal License fee no laler than thirty (30) days prior to expiration of the existing term. The Licensing Administrator shall renew the License prior to the end of the term, provided that the renewal application and fee were timely submitted and the Licensing Administrator is not aware of any fact that would have prevented issuance of the original License or issuance of the renewal. (c) Expiration of License. A License that is not timely renewed shall expire at the end of its term. The failure to timely obtain a renewal of a License requires submission of a new application. There shall be no sale of any Tobacco Products after the License expiration date and before the new License is issued. 050.1 10.100. - License non-transferable. (a) A License shall not be transferred from one (1) person to another or from one location to another. (b) When a License has been issued to a husband and wife, or to general or limited partners, the death of a spouse or partner shall not require the surviving spouse or partner to obtain a new License for the remainder of the term of that License. All rights and privileges granted under the original License shall continue in full force and effect as to such survivors for the balance of the term of the License. 050.1 1 0.1 1 0. - Compliance monitoring. (a) Compliance monitoring of this Article shall be by the Glenwood Springs Police Department, as the Glenwood Springs Police Department (or designee) deems appropriate. (b) The Glenwood Springs Police Department shall have discretion to consider previous compliance check history or prior violations of a Licensee in determining how frequently to conduct compliance checks of the Licensee with respect to individual Licensees. 6 09-16-19 TC Packet Page 92 of 136 92 Exhibit A (c) The Glenwood Springs Police Department shall inspect each Tobacco Product Retailer at least two (2) times per twelve (12) month period. Nothing in this paragraph shall create a right of action in any Licensee or other Person against the City or its agents. (d) Compliance checks shall be conducted as the Glenwood Springs Police Department deems appropriate, including the use of decoys, so as to allow the Glenwood Springs Police Depa(ment to determine, at a minimum, if the Tobacco Product Retailer is conducting business in a manner that complies with laws regulating access to Tobacco Products. When the Glenwood Springs Police Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to Tobacco Products. 050.1 10.130. Suspension or Revocation of License. (a) The following shall be grounds for suspension or revocation of the Licensee's License: (1) A violation by a Licensee or Licensee's officers, agents, or employees of any of the provisions of this Article, or any laws of the United States, the State of Colorado or ordinances of the City relating to the sale or furnishing of Tobacco Products or Cigarettes to minors, or the storage or display of Cigarettes or Tobacco Products. (2) Violations of any conditions imposed by the Licensing Administrator or Hearing Officer in connection with the issuance or renewal of a License. (3) Failure to pay State or local taxes that are related to the operation of the business associated with the License. (4) L.oss of right to possession of the licensed premises, (5) Fraud, misrepresentation, or a false statement of material fact contained in the original or renewal license application; (b) The City [4anager shall appoint a Hearing Officer to hear all actions relating to the suspension or revocation of Licenses pursuant to this Article. The Hearing Officer shall have the authority to suspend, revoke, or impose remedial sanctions for violations. (c) The Licensing Administrator shall commence suspension or revocation proceedings by petitioning the Hearings Officer to issue an order to the Licensee to show cause why the Licensee's License(s) should not be suspended or revoked. The Hearing Officer shall issue such an order to show cause if the petition demonstrates that probable cause exists to determine that one or more grounds exist pursuant to subsection (a) to suspend or revoke the Licensee's License. The order to show cause shall set the matter for a public hearing before the Hearing Officer. (d) Notice of the order to show cause order and hearing date shall be mailed to Licensee by regular mail, postage prepaid, at the address shown on the License no later than thirty (30) days prior to the hearing date. Notice is deemed to have been properly given upon mailing. (e) ln determining whether a License should be suspended or revoked, and in determining whether to impose conditions in the event of a suspension, the Hearing Officer shall consider the following factors, (1) The nature and circumstances of the violation; (2) Corrective action, if any taken by the Licensee; 7 09-16-19 TC Packet Page 93 of 136 93 Exhibit A (3) (4) (5) (6) Prior violations, if any by the Licensee; The likelihood of recurrence of the violation; Whether the violation was willful; and Previous sanctions, if any, imposed on the Licensee. 050, 1 10, 140, Penalty. It shall be unlawfulfor any person or business to violate a provision of this Article. Violators shall be subject to the penalties provided in Section 010.020.080 of this Code and may be subject to any civil remedies available. A separate offense shall be deemed committed upon each day such business or person is in violation of this article, 050.1 10,150 - Effective date. ThisArticle shall become effective as of January 1,2Q20 and enforceable on and after that date. Any Tobacco Product Retailer without a License after the effective date will be in violation of this Article. I 09-16-19 TC Packet Page 94 of 136 94 Exhibit B Exhibit B New language is double underlined 120.030.092 - Possession of tobacco products byminerundercge--rersqns and furnishing or selling cigarettes or tobacco products to rniners undercge persgns prohibited. (a) ny person who knowingly furnishes to any person who is under twentv:sncj2]J eighteef,-(+8) years of age, by gift, sale or any other means, any cigarettes or tobacco products, commits a misdemeanor; and, upon conviction thereof, shall be punished as set forlh in Section 010 020.080. lt shall be an affirmative defense to a prosecution under this section that the person furnishing the tobacco product was presented and reasonably relied upon a document which identified the person receiving the tobacco product as being turcnty:onc {2_11eigh+een ({€) years of age or older. (b) Any person who is under twcnly:onelzll elghteen{a$ years of age and who possesses, purchases* er acquires, or attempts to pur any cigarettes or tobacco products commits a misdemeanor; and, upon conviction thereof, shall be punished as set fotlh in Section 010,020.080, or the court shall allow such person to perform community service and be granted credit against the fine and court costs. (c) For purposes of this section, the terrn tobacco product has the same meanin forth in seotion OS0. is t<in ef an individual or cigeFffiigaril+e-oryip+ (d) Any person who sells or offers to sell any cigarettes or tobacco products, as defined above, over the counter or by use of a vending machine or other coin-operated machine commits a misdemeanor; and, upon conviction thereof, shall be punished as set forth in Section 010.020.080; except that eigaret+es ioOacco_groducts may be sold at retailaspemitteO nVfitn OSO @ines onb4n= iees rc, a€€e$si-€r he direet supervisien ef the ewner ef the 7of Title 12, As used in this seetien; unde'diFeet-supervisien rneans the vending maehine snaU-be efson @ie ilag e+ 1. 09-16-19 TC Packet Page 95 of 136 95 Exhibit B a warning sign as speeified in this subseetien=-Any perseq-wh+fails te display said W,080, Said warning sign shall be.disalaye4in-a minimum heigFt sf three (3) inehes and a width ef six{G}inehesrandshall read-as fe[ews: WARNING IT 'S IttEGAt FOR NNY PERSON UNSER E IGARF:I-TES AN D TOBACG€IPRODU€:TS ANg-,-UPON€€NV{ #IO}#INE MNY Btr IMPOSED. ien-ef any etheF p+evisions,ef +h+s-seet+en (f) lt shall be an affirmative defense te the effense deseribed in Subseetien (b\ abeve that the-eigarettes er tsbaeeo preduets were Bessessed er eensumed by a qers€n-snder eighteen (18) years (1) While sueh persen was legalty upen private pro of-the owner or legal possesser ef sueh private prepe+ty-and the eigarettes er tebaeee produets were pessessed witl'the eensenr ef hisherparent er legal guardian whe was @ien= e4y-sna+mea+any+wel+ing afl d,it€ iva @[-netin€lude: ef the publi€€enera{Jt 2 09-16-19 TC Packet Page 96 of 136 96 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) ORDINANCE 8340 AN ORDINANCE ADDING A NEW CHAPTER 6-4.5, "SALE OF TOBACCO PRODUCTS," TO RAISE THE MINIMUM LEGAT SALES-AGE FOR PURCHASE OR SALE OF TOBACCO PRODUCTS TO 21 AND TO BAN THE SALE OF FLAVORED PRODUCTS SOLD FOR U DEVICES+OBAEEE PRODUCTS; AND SETTING FORTH RELATED DETAILS. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO FINDS AND RECITES THE FOLLOWING: A. The Federal Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), enacted in 2009, prohibited candy- and fruirflavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely than older smokers to have tried these products. B. Although the manufacture and distribution of flavored cigarettes (excluding menthol) are banned by federal law, neither federal law nor Colorado law restricts the sale of menthol cigarettes or flavored non-cigarette tobacco products. C. Mentholated and flavored products have been shown to be "starter" products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction. D. The majority of smokeless tobacco users reported that the first smokeless product they used was mint-flavored (such as ice, mint, spearmint, or wintergreen flavors), and almost two- thirds who transitioned to daily use of smokeless tobacco products first used a mint-flavored product. KICCAD\o-8340 2d rdg fi nal-2 I 7 l.docx 09-16-19 TC Packet Page 97 of 136 97 I 2 aJ 4 5 6 7 8 9 l0 1l l2 l3 t4 15 t6 t7 18 19 2l 23 20 22 24 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) E. Among high school students, during 2017-2018, use of any flavored e-cigarettes increased among current e-cigarette users (from 60.9 percent to 67.8 percent), current use of menthol- or mint-flavored e-cigarettes increased among all current e-cigarette users (from 42.3 percent to 51.2 percent) and current exclusive e-cigarette users (from 21.4 percent to 38.1 percent). F. Young people are much more likely than adults to use menthol-, candy-, and fruit flavored tobacco products. G. Menthol cigarettes have been shown harder to quit and have been heavily marketed to certain communities, including youth, African Americans, LGBT people, and Latinos. H. Seventy percent of middle school and high school students who currently use tobacco, report using flavored products that taste like menthol, alcohol, candy, fruit, chocolate, or other sweets. Eighty-one percent of youth say that a flavored tobacco product was their introduction to tobacco. I. The Centers for Disease Control and Prevention reported a more than 800 percent increase in electronic cigarette use among middle school and high school students between 2011 and 2015. There were 1.5 million more youth e-cigarette users in 2018 than 2017, andthose who were using e-cigarettes were using them more often, as was previously reported by external icon in November 2018. Frequent use (more than}0 days in the past 30 days) of e-cigarettes increased from 20 percent in2017 to 28 percent in 2018 among current high school e-cigarette users. J. Nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in thousands of flavors that appeal to youth, such as cotton candy and bubble gum. 25 KICCAD\o-8340 2d rdg fi nal-2 I 7 1.docx 09-16-19 TC Packet Page 98 of 136 98 1 2 J 4 5 6 7 8 9 10 1t t2 l3 t4 15 t6 l7 l8 I9 20 2l 22 23 24 25 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) K. Between 2004 and 2014 use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages l8 to 25) and adults (ages 26+). L. Scientific reviews by the Tobacco Products Scientific Advisory Committee (TPSAC) and the FDA found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, and especially among youth, African Americans and possibly Hispanic and Latino individuals. Among high school students in 2018, use of any tobacco product was reported by 32.4 percent of non-Hispanic white, 21.7 percent of Hispanic, 18.4 percent of non-Hispanic other race and 17.4 percent of non-Hispanic black students. M. Scientific studies on the impact of a national ban on menthol in cigarettes found 36.5 percent of menthol cigarette users would try to quit smoking if menthol was banned and between 300,000 and 600,000 lives could be saved by 2050. N. An evaluation ofNewYork City's law, whichprohibits the sale of all flavoredtobacco, excluding menthol, found that as a result of the law, youth had 37 percent lower odds of ever tryrng flavored tobacco products and 28 percent lower odds ofever using any type oftobacco. O. According to a 2013-2014 survey, 81 percent of current youth e-cigarette users cited the availability of appealing flavors as the primary reason for use. P. A March 2015 report by the Institute of Medicine concluded that raising the tobacco sale age to 21 will have a substantial positive impact on public health and save lives. The report found that raising the tobacco sale age will significantly reduce the number of adolescents and young adults who start smoking; reduce smoking-caused deaths; and immediately improve the health of adolescents, young adults and young mothers who would be deterred from smoking, as well as their children. Specifically, the report predicts that raising the minimum age for the sale K:\CCAD\o-8340 2d rdg final-2171.docx 09-16-19 TC Packet Page 99 of 136 99 1 2 3 4 5 6 7 8 9 10 l1 t2 l3 t4 15 l6 t7 l8 t9 2t 22 23 20 24 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) of tobacco products to 21 will, over time, reduce the smoking rate by about 12 percent and smoking-related deaths by l0 percent, which translates into 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and4.2 million fewer years of life lost. Stopping the initial use of the product can save lives by helping youth to never become smokers - 80 percent of current smokers started before they were 1 8 years old and 99 percent of smokers started by age 26. a. In August of 2014, New York City simultaneously implemented policies to raise the tobacco sale age to2l andto reduce sources of cheap tobacco. While reductions in smoking cannot be attributed solely to raising the age for sales, preliminary findings suggest that the law is contributing to reductions in youth tobacco use: . Data from the Youth Risk Behavior Survey showed that there was a 29 percent decline in current cigarette smoking among high school students between 2013 and2015. There were also reductions in ever trying cigarettes (-18 percent) and smoking initiation in the past l2 months (-13 percent), over the same time period. R. Vaping is a problem in Colorado in general and particularly in Boulder. A 2018 survey of 37 states found that Colorado had the highest level of vaping among high school students. Colorado's high school student use was double the national average. The Boulder County Healthy Kids Behavior Survey showed the Boulder Valley School District averages 33 percent use among high schoolers. This is above the Colorado average of 26.2 percent and well above the national average of 13.2 percent. S. National data shows that about 95 percent of adult smokers begin smoking before they turn 21, and a substantial number of smokers start even younger - about three-quarters of adult smokers first try smoking before age 18. While less than half (46 percent) of adult smokers become regular, daily smokers before age 18, four out of five become regular, daily smokers before 25 KICCAD\o-8340 2d rdg final-2 I 7 l.docx 09-16-19 TC Packet Page 100 of 136 100 I 2 J 4 5 6 7 8 9 l0 11 t2 13 t4 t5 l6 t7 l8 t9 20 2T 22 23 24 25 Affachment A - Amended Proposed Ordinance 8340 (Regulatory) they tum 21. This means the 18 to 2l age range is a time when many smokers transition to regular use of cigarettes. According to one national survey, the prevalence of current smoking among individuals l8 to 20 years of age is more than double that of those ages of 16 and l7 (18.8 percent vs. 7.5 percent). T. Tobacco companies have admitted in their own internal documents that, if they don't capture new users by their early 20's, it is very unlikely that they ever will. In 1982, one RJ Reynolds researcher stated: "If a man has never smoked by age 18, the odds are three-to-one he never will. By age24, the odds are twenty-to-one." Raising the sale age of tobacco to 21 is likely to make both direct retail purchase and social source acquisition more difficult for underage youth, especially individuals ages l5 through 17, "who are most likely to get tobacco from social sources, including from students and co-workers above the fminimum legal age of access]." With the minimum legal sale age set at 21 instead of 18, legal purchasers would be less likely to be in the same social networks as high school students and, therefore, less able to sell or give cigarettes to them. A study from Connecticut that looked at acquisition of e-cigarettes concluded that the top source for acquisition of e-cigarette was friends (2014:50.2 percent,2015:45.4 percent). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO Section 1. A new Chapter 6-4.5, "Sa1e of Tobacco Products," B.R.C. 1981, is added to read as follows 6-4.5-1. - Definitions. The following terms used in this chapter have the following meanings unless the context clearly requires otherwise: Associated Product means a product intended for use with an Electronic Smoking Device including refills, cartridges and components parts. As used in this Chapter, an associated product is a single unit. KICCAD\o-8340 2d rdg final-2171.docx 09-16-19 TC Packet Page 101 of 136 101 1 2 ^J 4 5 6 7 8 9 l0 11 t2 13 t4 l5 t6 t7 l8 t9 2t 23 20 22 24 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) Characterizing Flavor means a Distiuruishable taste or aroma or bolh; other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Products , but ate not limited to, tastes or aromas relating to aulLmenthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, erspice; provided;however, thataTobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the ore Oisfineilrsftable tast constitutes a charact Constifzen f means a water or a reconstl aurinc the processin Otsfireursftable mean glectron ic Szo,Ang Oev for numan consumotion tn uicotine or anv otn pro0uct. g/ecrrolrrc wnetner or not ma*e oroauct tnat nas Ue sate as a toUacco ce Flavored Tobacco Product means any Tobacco Product that contains a Constituent or thil imparts a Characterizing Flavor. /ngredrelrl means anv s reconstitutea toUac Eoecssine. manufacture or Labeling means written, printed, or graphic matter upon any Tobacco Product or any of its Packaging, or accompanying stch Tobacco Product. ZirAe Ctgor means anv rotl tobacco and weishins no more than three nounds oer thousand. Little Cisar includes. but is not limited to. any proiucl l<noram odabelcd as "small cigar" "cisarillo" or "little cisar." Manufacturer means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States. Minimuru Lesal Sale; Ape means 2l vears of ase or older. Packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for sale to a consumer. Tobacco Paraphernalia means any item designed or marketed for the consumption, use, or preparati on of Tobacco Products .25 K:\CCAD\o-8340 2d rdg final-2l7l.docx 09-16-19 TC Packet Page 102 of 136 102 I 2 J 4 5 6 7 8 9 10 1l t2 t3 t4 t5 t6 t7 l8 t9 20 2t 22 23 24 25 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) Tobacco Product means: (1) any product \yhiqh containghg, is made; or derived from tobacco or usgdlo jsliyer nicotine. svnthetic nicoti that-i+intended for human consumption, whethersmeke$ heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars,littlecigars,chewingtobacco,pipetobacco,snuf@ product, mints or h ; (2) any e E:l ec tr o ni c Suobu_dD:eyice @ ehvored fobacco Pr @ N4otwithstanding any provision of subsections (1), an+(2)and_![3)aboyq to the contrary, Tobacco Product includes any component, part, or accessory aI assoelatgd a Tobacco Product; whether or not sold separately. OfhcfcmTobacco Product does not include: :(aD anv oroduct tnat co marijuanaland (ii)anvDroduetmadefromordcrivedfromtobaccoandapprovedbvthe# ood and Drug Administration (FDA) for use in con terms are defined ir the Federal Feed; Drug; and eesmetie r\et. Tobacco Retailer means any Personwho sells, offers for sale, or does or offers to exchange for any form ofconsideration, tobacco, Tobacco Products or Tobacco Paraphernalia. Tobacco Retailing shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 6-4.5-2. - Prohibited Acts. @I-No person shall sell, give or otherwise transfer any Tobacco Product to any person who is under the Minimum Lesal Sale ge-e+l. (axtt No foUcco net reouirins the pers anO a aate of Uirtn. or ( comoaring information e not incnae sef-re GI-No Tobacco Retailer or any agent or employee of any Tobacco Retailer shall sell, offer for sale or possess with the intent to sell or offer for sale any Flavored Tobacco Product KICCAD\o-8340 2d rdg final-2 I 7 l.docx 09-16-19 TC Packet Page 103 of 136 103 I 2 J 4 5 6 7 8 9 10 11 t2 13 t4 l5 l6 t7 18 t9 20 2l 22 23 24 25 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) aeslgned for or capabl until January 1,2020, a fobacco netaiter who does not nermit anvo from Ueine present i eUvorea foUacco Pr Dcvrae. (b)fO No foUacco net Products inctudin (e)@fThere shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages ofFlavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale. (d{fl_There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a Tobacco Retailer, Manufacturer, or any employee or agent of a Tobacco Retailer or Manufacturer has: (l) Made a public statement or claim that the Tobacco Product imparts a Characterizing Flavor; (2) Used text and/or images on the Tobacco Product's Labeling or Packaging to explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing Flavor; or (3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe the Tobacco Product imparts a Characterizing Flavor. 6-4.5-3. - Civil Penalty. Civil penalties for violations of this chapter may be imposed by the city against any person in an amount up to $5,000 per occunence. If a business entiff result of anv act orohibited bv this title. there shall be a nresumotion that anv oenaltv shall be imnosea on tne Uusl Any person subjected to civil penalties shall be entitled to a hearing pursuant to Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, to contest such penalties. All such hearings shall be conducted by the Boulder Municipal Court as the hearing officer under a de novo standard of review. Section 2. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concern. Section 3. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. KICCAD\o-8340 2d rdg final-2l71.docx 09-16-19 TC Packet Page 104 of 136 104 I 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 T7 18 t9 20 2L 22 23 24 25 Attachment A - Amended Proposed Ordinance 8340 (Regulatory) INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of August 2019. Suzanne Jones, Mayor Attest: Lynnette Beck, City Clerk READ ON SECOND READING, PASSED this 3rd day of September 2019. Suzanne Jones, Mayor Attest: Lynnette Beck, City Clerk READ ON THIRD READING, ADOPTED this lTth day of September 2019. Suzanne Jones, Mayor Attest: Lynnette Beck, City Clerk KICCAD\o-8340 2d rdg final-2 1 7 l.docx 09-16-19 TC Packet Page 105 of 136 105 I 2 J 4 5 6 7 8 9 10 1l t2 13 t4 l5 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 Attachment B - Amended Proposed Emergency Ordinance 8342 (Electronic Smoking Devices Sales Tax) ORDINANCE,8342 (Tax on Vaoine Products ) AN EMERGENCY ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF BOULDERAT THE MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2019, THE QUESTTON OF AUTHORIZING THE CITY COUNCIL TO IMPOSE A SALES AND USE TAX OF IJP TO4O PERCENT OF THE RETAIL SALES PruCE ON ALL ELECTRONIC SMOKING DE PR€DIUC4S SOLD, THE REVE TUE BEING DEDICA NICOTTNE PRODUCT RETA NICOTTNE USE CESSATI PRODUCT EMORCEUBUT; GIVING APPROVAL FOR THE COLLECTION, RETENTION AND EXPENDITURE OF THE FULL TAX PROCEEDS AND ANY RELATED EARNINGS, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION; AND SETTING FORTH THE BALLOT TITLE AND OTHER ELECTION PROCEDURES AND SETTING FORTH RELATED DETAILS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. A municipal coordinated election will be held in the City of Boulder, County of Boulder and State of Colorado, on Tuesday, November 5,2019. Section 2. At that election, there shall be submitted to the electors of the City of Boulder entitled by law to vote the question ofa sales and use tax increase as described in the ballot issue title in this ordinance. Section 3. The official ballot shall contain the following ballot title, which shall also be the designation and submission clause for the issue: KICCAD\o-8342 2nd Rdg Emergency e-cigarette tax-2l71.docx 09-16-19 TC Packet Page 106 of 136 106 I 2 3 4 5 6 7 8 9 t0 1l t2 13 l4 l5 t6 t7 18 1,9 20 2t 22 23 24 25 26 27 28 Attachment B - Amended Proposed Emergency Ordinance 8342 (Electronic Smoking Devices Sales Tax) BALLOT ISSUE TAX ON TIIE SALE EF TEBAG€E PREDUGTS NQT SHALL CITY OF BOULDER TAXES BE INCREASED TWO MILLION EIVEFSIR HUNDERD THOUSAND DOLLARS (FIRST FULL FISCAL YEAR INCREASE) ANNUALLY BY IMPOSING A SALES AND USE TAX OF UPJIO 40 PERCENT OF THE RE'IAIL SALES PRICE OF ALL ELEEIRONIC SMOKTNG DEVICES. INC CARTRIDGE OR COMPO PRODUCTTEBACCE PR €{G+RE++ES; THE TERM "@ SMOKTNG DEVICE" SHALL HAVE THE MEANING AS IN STATUTES AND "TEBACEE PREDUCTS" SHALL F{AVING THE MEANING AS IN SECTION 6-4,5-I OF THE BOULDER REVISED CODE; AND IN CONNECTION THEREWITH, sual-r arr oe rgB nuv . THE ADMINISTRATIVE THEREAFTER FOR: IMPLEMENTATION AND AD LICENSTNG PROGRAM FOR RE'IAILERS . HEALTH PROMOTION: . BOUCATION PROGnAU PRODUCT USE INCLUDN WITH AI.I-Y REMATNING FTINDS B GE].TERAL GOVER].IMENT SERVIC LIBRARY. POLICE. FI GE].TERAL GOVERNMENT ADMINI ST ALL EFFECTME JA].IIJARY 1. TIIEREWruI KICCAD\o-8342 2nd Rdg Emergency e-cigarette tax-2 I 71.docx 09-16-19 TC Packet Page 107 of 136 107 I 2 aJ 4 5 6 7 8 9 10 11 t2 t3 t4 15 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 Affachment B - Amended Proposed Emergency Ordinance 8342 (Electronic Smoking Devices Sales Tax) SHALL THE FULL PROCEEDS OF SUCH TAXES AT SUCH RATES AND ANY EARNINGS THEREON BE COLLECTED, RETAINED, AND SPENT, AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION, RETENTION, OR SPENDING OF A].ry OTHER REVENUES OR FUNDS BY THE CITY OF BOULDER UNDER ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES/FOR NO/AGAINST Section4.IfthiSballotissueisapprovedbythevoterS, City Council may adopt amendments to the Boulder Revised Code to implement this sales and use tax, establish a system ofregulation and licensing ofsellers oftobacco and nicotine and such other amendments to the Boulder Revised Code as may be necessary to implement the intent and purpose of this ordinance Section 5. The election shall be conducted under the provisions of the Colorado Constitution, the Charter and ordinances of the city, the Boulder Revised Code, 1981, and this ordinance. Section 6. The officers of the city are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance and to contract with the county clerk to the election for the city. Section 7. If any section, paragraph, clause, or provision of this ordinance shall for any be held to be invalid or unenforceable, such decision shall not affect any of the remaining of this ordinance. Section 8. If a majority of all the votes cast at the election on the issue submitted shall be the issue, the issue shall be deemed to have passed and shall be effective on July 1,2020. 2nd Rdg Emergency e-cigarette tax-2l71.docx 09-16-19 TC Packet Page 108 of 136 108 I 2 J 4 5 6 7 8 9 10 1t t2 13 t4 15 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 Attachment B - Amended Proposed Emergency Ordinance 8342 (Electronic Smoking Devices Sales Tax) Section 9. This ordinance is necessary to protect the public health, safety and welfare of residents of the city and covers matters of local concem. Section 10. The City Council deems it appropriate that this ordinance be published by only and orders that copies of this ordinance be made available in the office of the city clerk public inspection and acquisition. Section t t. fne imm INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY ONLY this 6th day of August 2019. Suzanne Jones, Mayor Attest Lynnette Beck, City Clerk 2nd Rdg Emergency e-cigarette tax-2171.docx 09-16-19 TC Packet Page 109 of 136 109 I 2 J 4 5 6 7 8 9 10 ll t2 l3 t4 l5 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 Attest: Affachment B - Amended Proposed Emergency Ordinance 8342 (Electronic Smoking Devices Sales Tax) READ OF SECOND READING, ADOPTED AS AN EMERGENCY MEASURE BY COUNCIL MEMBERS PRESENT, AND ORDERED PUBLISHED BY TITLE this 3rd day of September 2019. Suzanne Jones, Mayor Lynnette Beck, City Clerk 2nd Rdg Emergency e-cigarette tax-2171.docx 09-16-19 TC Packet Page 110 of 136 110 1 2 J 4 5 6 7 8 9 l0 1l t2 l3 t4 15 t6 t7 l8 t9 20 2t 22 23 24 25 Attachment C - Proposed Ordinance 8340 (Clean) ORDINANCE 8340 AN ORDINANCE ADDING A NEW CHAPTER 6-4.5, "SALE OF TOBACCO PRODUCTS," TO RAISE THE MINIMUM LEGAL SALES AGE FOR PURCHASE OR SALE OF TOBACCO PRODUCTS TO 2I AND TO BAN THE SALE OF FLAVORED PRODUCTS SOLD FOR USE IN ELECTRONIC SMOKING DEVICES PRODUCTS; AND SETTING FORTH RELATED DETAILS. THE CITY COI.INCIL OF THE CITY OF BOULDER, COLORADO FINDS AND RECITES THE FOLLOWING: A. The Federal Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), enacted in 2009, prohibited candy- and fruit-flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely than older smokers to have tried these products. B. Although the manufacture and diskibution of flavored cigarettes (excluding menthol) are banned by federal law, neither federal law nor Colorado law restricts the sale of menthol cigarettes or flavored non-cigarette tobacco products. C. Mentholated and flavored products have been shown to be "starter" products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction. D. The majority of smokeless tobacco users reported that the first smokeless product they used was mint-flavored (such as ice, mint, spearmint, or wintergreen flavors), and almost two- thirds who transitioned to daily use of smokeless tobacco products first used a mint-flavored product. KICCAD\o-8340 2nd Rdg final clean-2 l7 l.docx 09-16-19 TC Packet Page 111 of 136 111 1 2 3 4 5 6 7 8 9 10 l1 t2 l3 t4 15 t6 t7 18 t9 20 2t 22 23 24 25 Attachment C - Proposed Ordinance 8340 (Clean) E. Among high school students, during 2017-2018, use of any flavored e-cigarettes increased among current e-cigarette users (from 60.9 percent to 67.8 percent), current use of menthol- or mint-flavored e-cigarettes increased among all current e-cigarette users (from 42.3 percent to 51.2 percent) and current exclusive e-cigarette users (from 21.4 percent to 38.1 percent). F. Young people are much more likely than adults to use menthol-, candy-, and fruif fl avored tobacco products. G. Menthol cigarettes have been shown harder to quit and have been heavily marketed to certain communities, including youth, African Americans, LGBT people, and Latinos. H. Seventy percent of middle school and high school students who currently use tobacco, report using flavored products that taste like menthol, alcohol, candy, fruit, chocolate, or other sweets. Eighty-one percent of youth say that a flavored tobacco product was their inhoduction to tobacco. I. The Centers for Disease Control and Prevention reported a more than 800 percent increase in electronic cigarette use among middle school and high school students between 201I and 2015. There were 1.5 million more youth e-cigarette users in 2018 than 2017, andthose who were using e-cigarettes were using them more often, as was previously reported by external icon in November 2018. Frequent use (more than20 days in the past 30 days) of e-cigarettes increased from 20 percent in2017 to 28 percent in 2018 among current high school e-cigarette users. J. Nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in thousands of flavors that appeal to youth, such as cotton candy and bubble gum. K:\CCAD\o-8340 2nd Rdg final clean-217l.docx 09-16-19 TC Packet Page 112 of 136 112 1 2 J 4 5 6 7 8 9 10 1t t2 13 t4 15 t6 17 18 t9 20 2l 22 23 24 25 Attachment C - Proposed Ordinance 8340 (Clean) K. Between 2004 and 2014 use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+). L. Scientific reviews by the Tobacco Products Scientific Advisory Committee (TPSAC) and the FDA found marketing of menthol cigarettes likely increases the prevalence of smoking among the entire population, and especially among youth, African Americans and possibly Hispanic and Latino individuals. Among high school students in 20 I 8, use of any tobacco product was reported by 32.4 percent of non-Hispanic white, 21.7 percent of Hispanic, 18.4 percent of non-Hispanic other race and 17.4 percent of non-Hispanic black students. M. Scientific studies on the impact of a national ban on menthol in cigarettes found 36.5 percent of menthol cigarette users would try to quit smoking if menthol was banned and between 300,000 and 600,000 lives could be saved by 2050. N. An evaluation ofNew York City's law, which prohibits the sale of all flavored tobacco, excluding menthol, found that as a result of the law, youth had37 percent lower odds of ever trying flavored tobacco products and 28 percent lower odds of ever using any type of tobacco. O. According to a 2013-2014 survey, 8l percent of current youth e-cigarette users cited the availability of appealing flavors as the primary reason for use. P. A March 2015 report by the Institute of Medicine concluded that raising the tobacco sale age to 2l will have a substantial positive impact on public health and save lives. The report found that raising the tobacco sale age will significantly reduce the number of adolescents and young adults who start smoking; reduce smoking-caused deaths; and immediately improve the health of adolescents, young adults and young mothers who would be deterred from smoking, as well as their children. Specifically, the report predicts that raising the minimum age for the sale K:\CCAD\o-8340 2nd Rdg final clean-2171.docx 09-16-19 TC Packet Page 113 of 136 113 1 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 t7 18 t9 2t 23 20 22 24 Attachment C - Proposed Ordinance 8340 (Clean) of tobacco products to 2l will, over time, reduce the smoking rate by about 12 percent and smoking-related deaths by 10 percent, which translates into 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and4.2 million fewer years of life lost. Stopping the initial use of the product can save lives by helping youth to never become smokers - 80 percent of current smokers started before they were l8 years old and 99 percent of smokers started by age 26. a. In August of 2014, New York City simultaneously implemented policies to raise the tobacco sale age to 21 and to reduce sources of cheap tobacco. While reductions in smoking cannot be attributed solely to raising the age for sales, preliminary findings suggest that the law is contributing to reductions in youth tobacco use: . Data from the Youth Risk Behavior Survey showed that there was a 29 percent decline in current cigarette smoking among high school students between 2013 and 2015. There were also reductions in ever trying cigarettes (-18 percent) and smoking initiation in the past 12 months (-13 percent), over the same time period. R. Vaping is a problem in Colorado in general and particularly in Boulder. A 2018 survey of 37 states found that Colorado had the highest level of vaping among high school students. Colorado's high school student use was double the national average. The Boulder County Healthy Kids Behavior Survey showed the Boulder Valley School District averages 33 percent use among high schoolers. This is above the Colorado average of 26.2 percent and well above the national average of 13.2 percent. S. National data shows that about 95 percent of adult smokers begin smoking before they furn 21, and a substantial number of smokers start even younger - about three-quarters of adult smokers first try smoking before age 18. While less than half (46 percent) of adult smokers become regular, daily smokers before age 18, four out of five become regular, daily smokers before 25 K:\CCAD\o-8340 2nd Rdg final clean-2l7l.docx 09-16-19 TC Packet Page 114 of 136 114 Attachment C - Proposed Ordinance 8340 (Clean) they tum 2 1 . This means the I 8 to 2l age range is a time when many smokers transition to regular use of cigarettes. According to one national survey, the prevalence of current smoking among individuals l8 to 20 years of age is more than double that of those ages of 16 and l7 (18.8 percent vs. 7.5 percent). T. Tobacco companies have admitted in their own internal documents that, if they don't capture new users by their early 20's, it is very unlikely that they ever will. ln 1982, one RJ Reynolds researcher stated: "If a man has never smoked by age 18, the odds are three-to-one he never will. By age24, the odds are twenty-to-one." Raising the sale age of tobacco to 2l is likely to make both direct retail purchase and social source acquisition more difficult forunderage youth, especially individuals ages l5 through 17, "who are most likely to get tobacco from social sources, including from students and co-workers above the [minimum legal age of access]." With the minimum legal sale age set at 21 instead of 18, legal purchasers would be less likely to be in the same social networks as high school students and, therefore, less able to sell or give cigarettes to them. A study from Connecticut that looked at acquisition of e-cigarettes concluded that the top source for acquisition of e-cigarette was friends (2014: 50.2 percent ,2015:45.4 percent). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. A new Chapter 6-4.5, "SaIe of Tobacco Products," B.R.C. 1981, is addedto read as follows: 6-4.5-1. - Definitions. The following terms used in this chapter have the following meanings unless the context clearly requires otherwise: Associated Product means a product intended for use with an Electronic Smoking Device including refills, cartridges and components parts. As used in this Chapter, an associated product is a single unit. K:\CCAD\o-8340 2nd Rdg final clean-2171 .docx 09-16-19 TC Packet Page 115 of 136 115 1 2 3 4 5 6 7 8 9 10 1l t2 l3 l4 l5 t6 t7 18 t9 20 2t 22 23 24 25 Attachment C - Proposed Ordinance 8340 (Clean) Characterizing Flavor means a Distinguishable taste or aroma or both other than the taste or aroma of tobacco, imparted either prior to or during consumption of a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing Flavors include, but are not limited to, tastes or aromas relating to any menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, spice; provided however, thataTobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a Distinguishable taste or aroma or both, as described in the first sentence of this definition that constitutes a characterizing fl avor. Constituent means any ingredient, substance, chemical or compound other than tobacco, water or a reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacturer or packaging of a Tobacco Product. Distinguishable means perceivable by either the sense of smell or taste. Electronic Smoking Device means any product containing or delivering nicotine intended for human consumption that can be used by an individual to simulate smoking in the delivery of nicotine or any other substance, even if marketed as nicotine-free, through inhalation from the product. Electronic Smoking Device includes any refill, cartridge or component part of a product, whether or not marketed or sold separately. Electronic Smoking Device does not include any product that has been approved or certified by the United States Food and Drug Administration for sale as a tobacco cessation product or for other medically approved or certified purposes. Flavored Tobacco Product means any Tobacco Product that contains a Constituent or that imparts a Characterizing Flavor. Ingredient means any substance, chemical or compound, other than tobacco, water, reconstituted tobacco sheets that are added by the manufacturer to a Tobacco Product during the processing, manufacture or packaging of the Tobacco Product. Labeling means written, printed, or graphic matter upon any Tobacco Product or any of its Packaging, or accompanying such Tobacco Product. Little Cigar means any roll of tobacco other than a cigarette wrapped entirely or in part in tobacco and weighing no more than three pounds per thousand. Little Cigar includes, but is not limited to, any product known or labeled as "small cigar" "cigarillo" or "little cigar." Manufacturer means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States. Minimum Legal Sales Age means 21 years of age or older. Packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for sale to a consumer. Tobacco Paraphernalia means any item designed or marketed for the consumption, use, or preparati ot of Tobacco Products . K:\CCAD\o-8340 2nd Rdg final clean-217l.docx 09-16-19 TC Packet Page 116 of 136 116 I 2 3 4 5 6 7 8 9 l0 11 t2 13 l4 15 t6 l7 l8 t9 20 2t 22 23 24 25 Attachment C - Proposed Ordinance 8340 (Clean) Tobacco Product means: (1) any product which contains, is made or derived from tobacco or used to deliver nicotine, synthetic nicotine or other substances intended for human consumption, whether heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, bidis, snus, nicotine product, mints or hand gels; (2) an Electronic Smoking Device; (3) Flavored Tobacco Products; (4) notwithstanding any provision of subsections (l), (2) and (3) above to the contrary, Tobacco Product includes any component, part, or accessory or associated Tobacco Paraphernalia of a Tobacco Product whether or not sold separately. (5) The termTobacco Product does not include: (i) any product that contains marijuana; and (ii) any product made from or derived from tobacco and approved by the Food and Drug Administration (FDA) for use in connection with cessation of smoking. Tobacco Retailermeans any Personwho sells, offers for sale, or does or offers to exchange for any form ofconsideration, tobacco, Tobacco Products or Tobacco Paraphernalia. Tobacco Retailing shall mean the doing of any of these things. This definition is without regard to the quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. 6-4.5-2. - Prohibited Acts (a)No person shall sell, give or otherwise transfer any Tobacco Product to any person who is under the Minimum Legal Sales Age. (b) No Tobacco Retailer shall sell any Tobacco Product to any person without first (l) requiring the person to produce government-issued identification including a photograph and a date of birth, or (2) for online sales veriffing the purchaser's age and identity, by comparing information entered by the any purchaser against at least two databases that do not include self-reported, social media or marketing data. (c) No Tobacco Retailer or any agent or employee of any Tobacco Retailer shall sell, offer for sale or possess with the intent to sell or offer for sale any Flavored Tobacco Product designed for or capable of use in any Electronic Smoking Device, provided, however, that until January 1,2020, a Tobacco Retailer who does not permit anyone under the age of 21 from being present in or entering the premises may sell or offer for sale menthol-flavored Flavored Tobacco Products designed for or capable ofbeing used in an Electronic Smoking Device. KICCAD\o-8340 2nd Rdg final clean-217l.docx 09-16-19 TC Packet Page 117 of 136 117 I 2 3 4 5 6 7 8 9 l0 lt t2 13 t4 l5 r6 t7 l8 t9 20 2t 22 23 24 25 (0 Attachment C - Proposed Ordinance 8340 (Clean) (d) No Tobacco Retailer shall sell more than two electronic cigarettes or four Associated Products including refills to any one person in any 24-how period. (e)There shall be a rebuttable presumption that a Tobacco Retailer in possession of four or more Flavored Tobacco Products, including but not limited to individual Flavored Tobacco Products, packages ofFlavored Tobacco Products, or any combination thereof, possesses such Flavored Tobacco Products with intent to sell or offer for sale. There shall be a rebuttable presumption that a Tobacco Product is a Flavored Tobacco Product if a Tobacco Retailer, Manufacturer, or any employee or agent of a Tobacco Retailer or Manufacturer has: (1) Made a public statement or claim that the Tobacco Product imparts a Characteizing Flavor; (2) Used text and/or images on the Tobacco Product's Labeling or Packaging to explicitly or implicitly indicate that the Tobacco Product imparts a Characterizing Flavor; or (3) Taken action directed to consumers that would be reasonably expected to cause consumers to believe the Tobacco Product imparts a Characterizing Flavor. 6-4.5-3. - Civil Penalty. Civil penalties for violations of this chapter may be imposed by the city against any person in an amount up to $5,000 per occuffence. If a business entity receives revenue as the result of any act prohibited by this title, there shall be a presumption that any penalty shall be imposed on the business entity and not personally against any employee of the business entity. Any person subjected to civil penalties shall be entitled to a hearing pursuant to Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, to contest such penalties. All such hearings shall be conducted by the Boulder Municipal Court as the hearing officer under a de novo standard of review. Section 2. This ordinance is necessary to protect the public health, safety, and welfare of the residents of the city, and covers matters of local concem. Section 3. The city council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. KICCAD\o-8340 2nd Rdg final clean-2171.docx 09-16-19 TC Packet Page 118 of 136 118 I 2 3 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 t7 l8 t9 2t 23 20 22 24 Attachment C - Proposed Ordinance 8340 (Clean) INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of August 2019. Suzanne Jones, Mayor Attest: Lynnette Beck, City Clerk READ ON SECOND READING, PASSED this 3rd day of September 2019. Suzanne Jones, Mayor Attest: Lynnette Beck, City Clerk READ ON THIRD RIADING, ADOPTED this lTth day of September 2019. Suzanne Jones, Mayor Attest: Lynnette Beck, City Clerk 25 KICCAD\o-8340 2nd Rdg final clean-2171.docx 09-16-19 TC Packet Page 119 of 136 119 1 2 J 4 5 6 7 8 9 10 11 t2 13 t4 15 t6 l7 18 t9 20 2t 22 23 24 25 26 27 28 Attachment D - Proposed Ordinance 8342 (Clean) ORDINANCE 8342 (Tax on Vaping Products) AN EMERGENCY ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF BOULDERAT THE MUNICIPAL COORDINATED ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,2019, THE QUESTION OF AUTHORIZING THE CITY COUNCIL TO IMPOSE A SALES AND USE TAX OF UP TO 40 PERCENT OF THE RETAIL SALES PRICE ON ALL ELECTRONIC SMOKING DEVICES SOLD, WITH A PORTION OF THE REVENUE BEING DEDICATED TO LICENSING OF NICOTINE PRODUCT RETAILERS, NICOTINE EDUCATION, NICOTINE USE CESSATION PROGRAMS AND NICOTINE PRODUCT ENFORCEMENT; GIVING APPROVAL FOR THE COLLECTION, RETENTION AND EXPENDITURE OF THE FULL TAX PROCEEDS AND ANY RELATED EARNINGS, NOTWITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION; AND SETTING FORTH THE BALLOT TITLE AND OTHERELECTION PROCEDURES AND SETTING FORTH RELATED DETAILS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section l. A municipal coordinated election will be held in the City of Boulder, County of Boulder and State of Colorado, on Tuesday, November 5,2019. Section 2. At that election, there shall be submitted to the electors of the City of Boulder entitled by law to vote the question of a sales and use tax increase as described in the ballot issue title in this ordinance. Section 3. The official ballot shall contain the following ballot title, which shall also be the designation and submission clause for the issue: KICCAD\o-8342 2nd Rdg Emergency e-cigarette tax clean-2l7l.docx 09-16-19 TC Packet Page 120 of 136 120 I 2 aJ 4 5 6 7 8 9 10 11 t2 l3 l4 15 I6 t7 t8 t9 20 2t 22 23 24 25 26 2l 28 Attachment D - Proposed Ordinance 8342 (Clean) BALLOT ISSUE TAX ON VAPING PRODUCTS SHALL CITY OF BOULDER TAXES BE INCREASED TWO MILLION FIVE HI.INDERD THOUSAND DOLLARS (FIRST FULL FISCAL YEAR INCREASE) ANNUALLY BY TMPOSING A SALES AND USE TAX OF UP TO 40 PERCENT OF THE RETAIL SALES PRICE OF ALL ELECTRONIC SMOKING DEVICES, INCLUDING A}[Y REFILL, CARTRIDGE OR COMPONENT OF SUCH A PRODUCT; THE TERM..ELECTRONIC SMOKING DEVICE" SHALL HAVE THE MEANING AS IN SECTION 6-4.5-I OF THE BOULDER REVISED CODE; AND IN CONNECTION THEREWITH, SHALL ALL OF THE REVENUES COLLECTED BE USED TO FIIND: THE ADMINISTRATTVE COST OF THE TAX, AND THEREAFTER FOR: a IMPLEMENTATION AND ADMINISTRATION OF A LICENSING PROGRAM FOR ALL NICOTINE PRODUCT RETAILERS; HEALTH PROMOTION; EDUCATION PROGRAMS REGARDING MCOTINE PRODUCT USE INCLUDING ENFORCEMENT; WITH ANY REMAINING FUNDS BEING AVAILABLE FOR GENERAL GOVERNMENT SERVICES, INCLUDING LIBRARY, POLICE, FIRE, PARKS, TRANSPORTATION AND GENERAL GOVERNMENT ADMINISTRATION? ALL EFFECTTVE JANUARY I,2O2O, AND IN CONNECTION THEREWITH, o a K:\CCAD\o-8342 2nd Rdg Emergency e-cigarette tax clean-2l71.docx a 09-16-19 TC Packet Page 121 of 136 121 I 2 3 4 5 6 7 8 9 10 ll l2 13 l4 15 t6 t7 18 19 20 2l 22 23 24 25 26 27 28 Attachment D - Proposed Ordinance 8342 (Clean) SHALL THE FULL PROCEEDS OF SUCH TAXES AT SUCH RATES AND ANY EARNINGS THEREON BE COLLECTED, RETAINED, AND SPENT, AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION, RETENTION, OR SPENDING OF A}[Y OTHER REVENUES OR FUNDS BY THE CITY OF BOULDER IINDER ARTICLE X SECTION 20 OF THE COLORADO CONSTITUTION OR A}ry OTHER LAW? YES/T'OR NO/AGAINST Section 4. If this ballot issue is approved by the voters, the City Council may adopt to the Boulder Revised Code to implement this sales and use tax, establish a system regulation and licensing ofsellers oftobacco and nicotine products, and such other to the Boulder Revised Code as may be necessary to implement the intent and of this ordinance Section 5. The election shall be conducted under the provisions of the Colorado Constifution, the Charter and ordinances of the city, the Boulder Revised Code, 1981, and this ordinance. Section 6. The officers ofthe city are authorized to take all action necessary or appropriate to effectuate the provisions of this ordinance and to contract with the county clerk to conduct the election for the city. Section 7. Ifany section, paragraph, clause, or provision ofthis ordinance shall for any be held to be invalid or unenforceable, such decision shall not affect any of the remaining of this ordinance. Section 8. If a majority of all the votes cast at the election on the issue submitted shall be for the issue, the issue shall be deemed to have passed and shall be effective on July 1,2020 2nd Rdg Emergency e-cigarette tax clean-2171'docx 09-16-19 TC Packet Page 122 of 136 122 I 2 J 4 5 6 7 8 9 10 ll t2 13 t4 l5 t6 t7 18 L9 20 2t 22 23 24 25 26 27 28 Attachment D - Proposed Ordinance 8342 (Clean) Section 9. This ordinance is necessary to protect the public health, safety and welfare of residents of the city and covers matters of local concem. Section 10. The City Council deems it appropriate that this ordinance be published by title only and orders that copies of this ordinance be made available in the office of the city clerk for public inspection and acquisition. Section 11. The immediate passage of this ordinance is necessary for the preservation of the public peace, health, or property. The council declares this to be an emergency measure due to the need to place the measure on the November 2020ballot The deadline for final submission is September 5,2019. Therefore, this ordinance is hereby declared to be an emergency measure, and as such shall be in full force and effect upon its passage. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of August 2019 Suzanne Jones, Mayor ynnette Beck, City Clerk KICCAD\o-8342 2nd Rdg Emergency e-cigarette tax clean-2171.docx 09-16-19 TC Packet Page 123 of 136 123 I 2 3 4 5 6 7 8 9 10 11 t2 l3 t4 15 t6 t7 18 t9 20 2t 22 23 24 25 26 27 28 Attachment D - Proposed Ordinance 8342 (Clean) READ OF SECOND READING, ADOPTED AS AN EMERGENCY MEASURE BY TWO-THIRDS COUNCIL MEMBERS PRESENT, AND ORDERED PUBLISHED BY TITLE ONLY this 3rd day of September 2019. Suzanne Jones, Mayor Beck, City Clerk 2nd Rdg Emergency e-cigarette tax clean-2 I Tl.docx 09-16-19 TC Packet Page 124 of 136 124 Nofes from the Field Use of Electronic Cigarettes and AnyTobacco ProductAmong Middleand High School Students- United States, 201 1 -201 8 Karen A. Cullen, PhDl; Bridget K Ambrose, PhDl; Andrea S. Gentzke, PhD2; Benjamin J. Apelberg, PhDt; Ahmed Jamal, MBBS2; Brian A. King, PhD2 Electronic cigarettes (e-cigarettes) are battery-powered devices that provide nicotine and other additives to the user in the form of an aerosol (1). E-cigarettes entered the U.S. mar- ketplace in2007 (/), and by 2014, e-cigarettes were the most commonly used tobacco product among U.S. youths (2).Dare from the 20112018 NationalYouthTobacco Survey (NYTS), a cross-sectional, voluntary school-based, self-administered, pencil-and-paper survey of U.S. middle and high school stu- dents, were analyzed. to determine the prevalence of current use (>1 day in past 30 day$ ofe-cigarettes,* current use of any tobacco product,t frequency of (number of days during the preceding 30 day$ e-cigarette use, and current use (any time during preceding 30 day$ of any flavored e-cigarettes among U.S. middle school (grades 6-8) and high school (grades 9-12) students. Logistic regression (201 l-2018) and t-tests (2017-2018) were performed to determine statistically significant differences (p<0.05). Among high school srudents, current e-cigarette use increased from l.5o/o (220,000 students) in 2011 to 20.8o/o (3.05 million students) in 2018 (p<0.001) (Figure). During 2017-2018, current e-cigarette use increased by 78o/o (from ll.7o/o ro 20.8o/o, p<0.001). The proportion of current e-cigarette users who reported use on >20 ofthe past 30 days increased from20.Uo/oin20l7 to27.7o/o in20l8 (p = 0.008). Among high school students, during 2017-2018, currenr use ofany flavored e-cigarettes increased among current e-cigarette users (from 60.90/o to 67.8o/o, p = 0.02); current use of men- thol- or mint-flavored e-cigarettes increased among all currenr e-cigarette users (from 42.3o/o to 51.2o/o, p = 0.04) and currenr exclusive e-cigarette users (from 21.4o/o to 38.1o/o, p = 0.002). FIGURE. Percentage of middle and high school students who currently use e-cigarettes* and any tobacco productt - National Youth Tobacco Survey, United States,20l 1-2018 '100 - Anytobacco product (high school) - - E-cigarettes (high school) . . . Any tobacco product (middle school) . . E-cigarettes (middle school) , 30 c3zsf 3roo)6 cgls (u o- --^\f\ IIIIII0 5 0 201 1 2012 2013 2014 2015 2016 2017 2018 Year r Current e-cigarette use was assessed by responses to these questions during the indicated surveyyears:"ln the past 30 dayl which of the following products have you used on at least one day?" and the response option, "Electronic cigareftes or e-cigarettes such as Ruyan or NJOY" (201 I -201 3); ,During the past 30 days, on how many days did you use e-cigarettes such as Blu,2lst Century Smoke, or NJOY?"(2014);"During the past 30 days, on how manydays did you use electronic cigarettes or e-cigarettes?"(201 5); and"During the past 30 days. on how many days did you use e-cigarettes?'(2016-2018). During 20I 5-2018, e-cigarette questions were preceded byan introductory paragraph defining the product. t Any tobacco product was defined as use of one or more of the following tobacco products on >1 day in the past 30 days: cigarettes, cigars (defined a! cigars, cigarillos, or little cigars), smokeless tobacco (defined as chewing tobaccq snuff. or dip), e-cigarettes, hookahs, tobacco pipes, snus, dissolvabli tobaccq and bidis. * Current e-cigarette use was de0ned as a lesponse greater than "0 days" to the question, "During the past 30 days, on how many days &d you use e-cigarettes?" fie e-cigarette questions were preceded by the following information: "The next I I questions are about electronic cigarettes or e-cigarettes. E-cigarettes are battery powered devices that usually contain a nicotine-based liquid that is vaporized and inha.led. You may know them as e-cigs, vape-pens, hookah-pens, e-hookahs, e-cigars, e-pipes, personal vaporizers, or mods. Some brand examples . include NJOY, blu, Vuse, MarkTen, Logic, Vapin Plus, eGo, and HaIo." t Any tohacco product use was defined * uJ ofor,. o, -ore ofthe following tobacco products on > I day in the past 30 dap: cigarettes, cigan (deffned as cigan, cigarillos, or litde cigan), smokeless tobacco (defined as chewing tobacco, snufi or dip), e-cigareaes, hoololu, obacco pipes, snus, disolvable tobacco, and bidis. Among middle school students, current e-cigarette use increased from 0.60lo in 201I (60,000 students) to 4.9o/o (570,000 scudents) in 2018 (p<0.001) (Figure). During 2017J018, currenr e-cigarette use increased by 48olo (from 3.3o/o rc 4.9o/o, p = 0.001); the proportion ofcurrent e-cigarette users who reported use on >20 days of rhe past 30 days did not significantly change (from 12.9o/o ro 16.20/o, p = 0.26). Current use of any tobacco product among high school stu- dents was 24.2o/o (3.69 million students) in 20 I I and 27 .1o/o (4.04 million students) in 2018 (p>0.05) (Figure). Current use of any tobacco product among middle school students wu7.5o/o (870,000 students) in 20l l and7.2o/o (840,000 stu- dents) in 2018 (p>0.05). During z}l7-2}l1,overall robacco 1276 MMWR / November16,2018 / Vol.67 / No.45 USDepartmentof HealthandHumanServices/CentersforDiseaseControl andprevention Morbidity and Mortality Weekly Report 09-16-19 TC Packet Page 125 of 136 125 Morbidity and Mortality Weekly Report product use increased by 38o/o among high school students (fr om | 9 . 60/o to 27 . 1 o/o, p<0. 00 1 ) and by 29 o/o among middle school students (from 5.60/o ro 7.2o/o, p = 0.008). Current e-cigarette use increased considerably among U.S. middle and high school students during 2017-2018, revers- ing a decline observed in recent years and increasing overall tobacco product use (3). Moreove! during20lT-2018, frequent e-cigarene use increased among high school studen$. Aldrough e-cigarenes have the potenrial to benefit adult smokers if used as a complete substirute for combustible tobacco smoking, the use of any form of tobacco product among you*u, including e-cigarcttes, is unsafe (1). The Surgeon General has concluded that e-cigarette use among youths and young aduls is of public health concern; exposure to nicotine during adolescence can cause addiction and can harm the dweloping adolescent brain (/). The rise in e-cigarette use during 2017-2018 is likely because of the recent populariry of e-cigarettes shaped like a USB flash drive, such as JUUL; these products can be used discreetly, have a high nicotine content, and come in flavors that appeal to youths (4).1" September 2018, the Food and DrugAdministration (FDA) issued more than 1,300 warning letters and civil money penalty fines to retailers who illegally sold e-cigarette products to minors, the majority of which were blu, JUUL, Logic, MarkTen XL, and Vuse; this was the largest coordinated enforcement effort in FDAI history (fl. Sustained implementation of proven population-based strate- gies, in coordination with the regulation of tobacco products by FDA, is key to reducing all forms of tobacco product use and initiation, including e-cigarettes, among U.S. youths (1). Corresponding author: Karen A. Cullen, karen.cullen6fda.hhs.gov, 240-402-4513. lCenter for Tobacco Products, Food and Drug Administration, Silver Spring Maryland; 2Office on Smoking and Health, National Center for Clironi. Disease Prevention and Health Promotion, CDC. All authors have completed and submitted the ICMJE form for disclosure of potential conflicts of interest. No potential conflicts of interest were disclosed. References l. US Depanment of Health and Human Services. E-cigarette use among youth and young adults: a rcport of the Surgeon Generd. Adanta, GA US Department of Health and Human Services, CDC, Nationd Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health; 2016. https://e-cigarettes.surgeongeneral.gov/ documena/2O I 6_5GR_Full_Report_non-508.pdf 2. Arrazola RA, Singh T, Corey CG, et al. Tobacco use among middle and high school studen*-United States, 201 l-2014. MMVR Morb Monal Wkly Rep 20 | 5 ;64:38 I -5. 3. lVangTV, Geneke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A. Tobacco product use among middle and high school studens-United States, 2011-2017. MlvflfR Morb Monal Vkly Rep 2018;67:629-33. PubMcd https://doi.org/ I 0. I 5585/mmwr. mm67 22a3 4. King BA, Gammon DG, Marynak KL, Rogers T. Electronic cigarenes sales in the United States, 2013-2017. JAMA 2018;320:1379-80. PubMed https://doi.orgl I 0. I 00 I /jama.20 I 8. I 0488 5. Food and DrugAdministration. FDA takes new steps to address epidemic of youth e-cigarette use, including a historic action against more rhan 1,300 retailers and 5 major manufacrurers for their roles perpetuating youth access [press release]. Silver Spring, Maryland: US Depanmenr of Health and Human Services, Food and Drug Administration; 2018. https : //www. fda. gov/News Events/Newsroom/ PressAnnouncements/ ucm620l84.htm USDepartmentof HealthandHumanServices/centersforDiseasecontrol andPrevention MMWR / November16,2018 / vol.67 / No.45 1277 09-16-19 TC Packet Page 126 of 136 126 SMOKELESS TOBACCO AND KIDS Since 1970, smokeless tobacco has gone from a product used primarily by older men to one used predominantly by young men and boys. This trend has occurred as smokeless tobacco promotions have increased dramatically and a new generation of smokeless tobacco products has hit the market. Far from being a "safe" alternative to cigarette smoking, smokeless tobacco use causes cancer and increases the risk of developing other health problems, including nicotine addiction and the potential to move on to combustible tobacco products. Smokeless Tobacco Use Although cigarette smoking among youth in the U.S. has declined significantly since 2000, use of smokeless tobacco among youth has not followed that same trend.l . The 2018 National Youth Tobacco Survey (NYTS) shows that 5.9 percent of all high-school students overall reported current use of smokeless tobacco products. ln addition, current smokeless tobacco use among high-school boys was about the same as current cigarette smoking among this group (8.4%tor smokeless tobacco use and 8.8% for smoking cigarettes).2' e Each day, more than 1,200 kids ages 12-17 use smokeless tobacco for the first time.3 o The 2014 NYTS shows lhat 42 percent of current smokeless tobacco users in high school and about 29 percent of current smokeless tobacco users in middle school used these products on 20 to 30 of the previous 30 days, which is considered frequent use.a . Based on data from the Youth Risk Behavior Survey (YRBS), smokeless tobacco use among high school boys exceeded the national rate in 24 states. ln2017, the states with the highest boys' smokeless tobacco use rates were West Virginia (19.3%), Arkansas (17.9%), Kentucky (17.2yo), Louisiana (15.8%), and Oklahoma (15.2o/o).5 o Based on 2013 data from the YRBS, high school athletes use smokeless tobacco at higher rates than non-athletes (1 1.1Yo vs.5.9%). Among male high school athletes, smokeless tobacco use is particularly alarming at 17.4 percent. ln addition, participation in more sports teams during high school is associated with higher rates of smokeless tobacco use.6 Smokeless tobacco use didn't used to be so prevalent among the younger population. ln 1970, men 65 and older were almost six times as likely as those aged 18 lo 24lo use spit tobacco regularly, but by 1991, young men were 50 percent more likely than the oldest men to be regular users.T This pattern held especially true for moist snuff, the most popular type of smokeless tobacco. From 1970 to 1gg1, the regular use of moist snuff by 18 to 24 year old men increased almost ten-fold, from less than one percent to 6.2 percent. Conversely, use among men 65 and older decreased by almost half, from four percent to 2.2 percent.s With the new generation of smokeless tobacco products that are made to be easier to conceal, easier to use, and lower priced, the popularity of these products among young people is likely to congnue. New Companies. Old Plavers ln the past, cigarette companies only sold cigarettes and smokeless tobacco companies only sold smokeless tobacco. Today, however, companies sell a wide range of tobacco products, with one company declaring itself a "total tobacco company." The U.S. Smokeless Tobacco Company (UST), now a subsidiary of Altria, the parent company of Philip Morris USA (makers of Marlboro cigarettbs;, is the biggest smokeless tobacco company in the U.S. and controls more than half (53.7%) 6f the moist snufftobacco market (with leading premium brands Skoal and Copenhagen).s Reynolds American, lnc. ' The 2017 Youth Risk Behavior Survey (YRBS), using a different methodology than the found that nationally,NYTS,5.5% of high school students cunently used smokeless tobacco, with 8.9% of high school boys cunently 67(SS-8),smokeless tobacco."Youth Risk Behavior Surveillance - United ,2017," MMWR using 1400 | Street NW - Suite 1200 -Washington, DC 20005 Phone (202)296-5469 . Fax (202)296-5427 . www.tobaccofreekids.org June 1 5,201 8.1 09-16-19 TC Packet Page 127 of 136 127 Smoke/ess Tobacco & Kds / 2 (makers of Camel cigarettes) owns the second largest smokeless tobacco company in the U.S., American Snuff Company (formerly Conwood Tobacco Company), the makers of Grizzly and Kodiak, which holds about one-thtd (34.4%) of the moist snuff market.l0 Other cigarette companies have also test-marketed their own smokeless tobacco products. Smokeless Tobacco Marketinq that Appeals to Kids Not surprisingly, tobacco marketing plays an important role in attracting users - particularly youth. The 2012 Surgeon General's report, Preventing Tobacco Use among Youth and Young Adults, found that the "integration of product design with marketing helped to reverse the mid-twentieth century decline in smokeless tobacco use and spurred a rapid increase in smokeless tobacco use by adolescents and young adult males.'11 From 1998 to 2017 (the most recent year for which data are available), the total advertising and marketing expenditures of the top-five smokeless tobacco companies in the U.S. nearly quadrupled. ln 2017, these smokeless tobacco companies spent $718.3 million to advertise and market their products, a decline from the previous year, but still nearly triple the 2005 expenditures ($250.8 million), the year before the cigarette companies started acquiring and marketing their own smokeless tobacco products.l2 Some of these funds pay for smokeless tobacco ads in magazines with high youth readership, such as Sporfs tllustrated and Rolling Stone.13 ln the few years after signing the Smokeless Tobacco Master Settlement Agreement (STMSA), despite its restrictions placed on youth advertising, UST increased its expenditures in magazines with a significant number of youth readers by 161 percent, from $3.6 million to $9.4 million.14 The smokeless tobacco companies spent over two and a half times as much on magazine advertisements in 2017 compared to 2013 ($19.S million vs. $7.7 million).15 During this period, Altria returned to advertising its UST brands in magazines, including those that are popular with boys and young men. However, the companies continue to spend most (61.0%) of their money in the price discount category, to make their products more affordable and accessible to consumers - including youth.16 Tobacco companies have used a variety of strategies to entice youth to use smokeless tobacco: sweet and kid-friendly flavors, sponsorships of events popular with youth, advertisements with youth-oriented messages, and affordable prices. Flavors. Smokeless tobacco products are being sold in a variety of kid-friendly flavors. lnternal company documents show that UST has intentionally used flavors to hook new spit-tobacco users for decades. As one document states: New users of smokeless tobacco - aftracted to the category for a variety of reasons -- are most likely to begin with products that are milder tasting, more flavored, and/or easier to control in the mouth. After a period of time, there is a natural progression of product switching to brands that are more full-bodied, /ess flavored, have more concentrated 'tobacco taste'than the entry brand.l7 Following this strategy, between 1983 and 1984, UST introduced Skoal Bandits and Skoal Long Cut, designed to "graduate" new users from beginner strength to stronger, more potent products. A 1985 internal UST newsletter indicates the company's desire to appeal to youth: "Skoal Bandits is the introductory product, and then we look towards establishing a normal graduation process."l8 ln 1993, cherry flavoring was added to UST's Skoal Long Cut, another starter product. A former UST sales representative revealed that "Cherry Skoal is for somebody who likes the taste of candy, if you know what I'm saying."le "Candy" is an appropriate comparison, given a recent chemical analysis showing that the same flavor chemicals used in sweet-flavored moist snuff tobacco products are also used in popular candy and drink products such as LifeSavers, Jolly Ranchers, and Kool-Aid.2o UST has continued its efforts to grow and expand its brands. For instance, one study found that between 2000 and 2006, UST increased the number of its sub-brands by 140 percent, creating a larger variety of products, including flavors, with which to "cast a wide net" and appealto as many potential users as possible.2l Unfortunately, these strategies have worked. National surveys show that flavored smokeless tobacco products appeal to youth and young adults and sales data show increases in sales of flavored smokeless tobacco over time: Data from the 2013-2014 Population Assessment of Tobacco and Health (PATH) study found that more than two-thirds (68.9%) of 12-17 year olds who had ever used smokeless tobacco and 81.2 a 09-16-19 TC Packet Page 128 of 136 128 Srnoke/ess Tobacco & Kds / 3 percent who had ever used snus initiated with a flavored version, and that 81 percent of current smokeless tobacco users and 80.4 percent of current snus users in that age group had used a flavored version in the past month.22 Moreover, for each of those tobacco products, more than twothirds of youth report using these products "because they come in flavors I like."23. The 2017 NYTS found that 44.5 percent of middle and high school smokeless tobacco users had used flavored smokeless tobacco in the past month.2a. According to Nielsen scanner data, sales of flavored moist snuff across all companies increased 72 percenl between 2005 and 2011; and in 2011, flavored products (which now include flavors such as apple, peach, vanilla, berry blend, and citrus blend, in addition to wintergreen and spearminUmint) accounted for more than half (56.1%) of all moist snuff sales.25 Sponsorships. Smokeless tobacco products have been marketed to young people through a number of channels, including sporting events like auto racing and rodeos that are widely attended by kids. UST used to sponsor many professional motorsports and rodeo and bull riding events. As the general manager of the College Finals said, "U.S. Tobacco is the oldest and best friend college rodeo ever had."26 However, the state tobacco settlement agreements and 2009 Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act) now limit smokeless tobacco companies' ability to continue to do brand-name sponsorships of events and teams. The Tobacco Control Act also prohibits free sampling of smokeless tobacco except under very narrow circumstances. ln addition, some cities, including Boulder and Greeley, CO, have prohibited free tobacco product giveaways, making it even more difficult for companies like UST to lure new users at these events. Advertisemenfs. For years, tobacco companies have used advertisements as a way to market their smokeless tobacco products to youth and young adults. As one example, back in 1999, UST ran a full-color advertising insert for its Rooster brand smokeless tobacco in San Diego State University's college paper, lhe Daily Azfec. The ad offered a sweepstakes for an all-expenses paid trip to the Playboy mansion and, in direct violation of California law, included a $1.00 coupon. State enforcement efforts related to the ad forced UST to pay a fine of $150,000 and pay for a parallel ad insert opposing smokeless tobacco use. Continuing its efforts to lure and maintain young users, in 2001, UST tan a magazine ad for its Rooster brand in Rolling Stone with the phrase, "Cock-A-Doodle Freakin' Do." Less than a year later, ads for Rooster appeared in Sporfs lllustrated, bearing the same image as before, but with the phrases, "Where's The Chicks?," and "Birds of a Feather Party Together." After UST received criticism for both the ads' blatant appeal to youth and a Massachusetts Department of Public Health report finding that UST increased its advertising in magazines targeting youth after the STMSA27, the company stopped using those ads and suspended its advertising in four magazines.2s 2001 2002 2002 ( COCI(-A.DOODLIi FltIirtKIN'IlO. 'f. ffi W|IBRII'S'TIIE CIIIOKS? ffi @ BIIIDS OF A I'EA'INEN PAR'TY TOGDTIIDN. n00slerrr l* @ 09-16-19 TC Packet Page 129 of 136 129 Smoke/ess Tobacco & Kids / 4 ln 2013, Reynolds' "tellin' it like it is" campaign for Grizzly used sarcastic phrases as advice about how to be "manly" or "macho." Users were even encouraged to submit their own phrases. Grizzly is the second most popular smokeless tobacco brand among 12-17 year olds.2e Outdoor 2016 2014 October 1 2013 ln May 2014, after flve years out of magazines, Altria began placing Skoal ads in publications popular with boys and young men, including Sporfs lllustrated, Car and Driver, and Maxim. After years as the most popular moist snuff brand, Skoal is now the third most popular among 12-17 year olds, behind Copenhagen and Grizzly.s0 And in January 2015, Altria restarted the first ads for Copenhagen in magazines such as Popular Mechanics, GQ, Car and Driver, and Maxim, since 2008. Pricing. Higher prices are one of the most effective ways to reduce tobacco use, and its corollary is also true: low prices can promote or initiate tobacco use. Tobacco companies have been using price promotions and other strategies successfully to make smokeless tobacco products more affordable. Skoal and Copenhagen - both more expensive, premium brands - were the most popular products through the mid-2000s, even among youth, until bargain-priced Grizzly arrived. Within five years, Grizzly became the most popular brand among 12-17 year olds, a position it held until 2013.31 One convenience store retailer stated, "What is driving sales for us has been the influx of new brands that retail for under $3. We're looking at a massive demand on these brands."32 ln an effort to regain their market share, UST and Altria, makers of Skoal and Copenhagen, have tried to convince states to change their tax structures to make them more favorable towards the premium brands to the detriment of bargain brands. ln addition, Altria cut prices on Copenhagen and Skoal products in 2009 and in 2011 introduced a "value" extension of its Skoal brand. Convenience store retailers reported, 2009 Direct mail piece. Source: "...Skoal launched its SkoalXtra brand, which pretty much cut the price in half. And Copenhagen was at $5-$6 a roll, and now it's in the $4.50 range. As the price has come down, consumers have responded by increasing-purchases."33 By 2013, Copenhagen became the most popular moist snuff brand among 12-17 year olds.il New Smokeless Tobacco Products For years, tobacco companies have marketed smokeless tobacco products as a way to use tobacco in places or situations when smoking is not allowed or is not socially acceptable, and that practice continues today. Seeing the downward trend in smoking rates and the increasing popularity of smokeless tobacco products, cigarette companies have released their own smokeless tobacco products that draw on the brand names of their popular cigarettes to attract new users. Snus- Snus are small, teabag-like pouches containing tobacco and other flavorings that users place between their upper gum and lip. Because these products do not require spitting, their use can be easily concealed. One high schoolstudent admitted using Camel Snus during class, saying, "lt's easy, it,s sufer-discreet...and none of the teachers will ever know what l'm doing."ss R...1. ReynotOs'i Camel Snus and'philip IHIS GRIZZLV G(IES WHERE IT-WAJITS. at' WARNING:This product can cause mouth cancer. krd J. ,m L.ttf.U, Ol .. ta$ia "lF Y0uR llEcl( Alll'T s0RE, lT ffl,T HE4DBAilGtT{c:',I D,r\(( lir 1/1, Jr*'rruai'. c>. rlG@g ffiBaeaa wR\s/ 8sg t"'1' IIETT LOWER PRI(E. SA}IE GREAT DIP. ((i 'rl (iE} WARNING:This product can cause mouth cancer. WARNING: Smokeless tobacco is addictive. 09-16-19 TC Packet Page 130 of 136 130 Smoke/ess Tobacco & Kds / 5 Morris USA's Marlboro Snus are now sold nationally, and other cigarette companies had tried their hand at snus brands. Swedish Match North America, which is the major seller of snus in Sweden, has invested in growing General Snus sales in the U.S. ln November 2015, FDA authorized eight varieties of General Snus for marketing in the U.S. under its premarket review process, the first products to receive such designation.36 Dissolvable Tobacco Products. Several dissolvable tobacco products have been introduced, but have been discontinued because of low sales or other reasons. Star Scientific used to market Ariva tobacco lozenges and Stonewall Hard Snuff, while R.J. Reynolds marketed Camel Dissolvables - orbs, sticks, and strips - from 2009 to 2013. Philip Morris USA also test-marketed Marlboro Sticks and Skoal Sticks in Kansas beginning in 2011, but also ended the trial a few years later. A few state agencies issued warnings about these types of products when they were on the market.37 The Tobacco Products Scientific Advisory Committee of the U.S. Federal Drug Administration issued a study on these and other dissolvable tobacco products and found, among other things, "that the available evidence, while limited, leads to a qualitative judgment that availability of DTPs [dissolvable tobacco products] could increase the number of users of tobacco products."38 These new products concern public health organizations for numerous reasons: they may lure even more kids into smokeless tobacco use and addiction; because of their novelty; because of the misconception that they are a harmless form of tobacco use; and because they can be consumed much less conspicuously than either cigarettes or existing spit tobacco products at home, in school and in other locations. Furthermore, cigarette smokers who might ultimately quit because of the social stigma associated with smoking, the inconvenience caused by smoking restrictions at work and elsewhere, or a desire to protect their family and friends from secondhand smoke may instead switch to smokeless tobacco products and end up perpetuating and increasing their nicotine addiction.. Harms from Smokeless Tobacco Use Public health authorities including the Surgeon General and the National Cancer lnstitute have found that smokeless tobacco use is hazardous to health and can lead to nicotine addiction. . Nearly 30 years ago, an expert advisory committee to the U.S. Surgeon General found that, "After a careful examination of the relevant epidemiologic, experimental, and clinical data, the committee concludes that the oral use of smokeless tobacco represents a significant health risk. lt is not a safe substitute for smoking cigarettes. lt can cause cancer and a number of non-cancerous oral conditions and can lead to nicotine addiction and dependence."3e . According to the National Cancer lnstitute, at least 28 cancer causing chemicals have been identified in smokeless tobacco.aoThe U.S. NationalToxicology Program established smokeless tobacco as a "known human carcinogen."al . The National Cancer lnstitute and the lnternational Agency for Research on Cancer report that use of smokeless tobacco causes oral, pancreatic and esophageal cancer.a2 . Smokeless tobacco users have an increased risk of heart attacks and strokes compared to never users, and former smokers who have switched to smokeless tobacco have a higher risk compared to those who have quit entirely.a3 Smokeless tobacco use increases the risk of death when users have heart attacks or strokes.aa . Smokeless tobacco use is associated with leukoplakia, a disease of the mouth characterized by white patches and oral lesions on the cheeks, gums, and/or tongue. Leukoplakia can sometimes lead to oral cancer. Studies have found that more than half of daily users of smokeless tobacco had lesions or sores in the mouth, and that these sores are commonly found in the part of the mouth where users place their chew or dip.as o Chewing tobacco has been linked to dental caries (tooth decay). A study by the National lnstitutes of Health and the Centers for Disease Control and Prevention found chewing tobacco users were four times more likely than non-users to have decayed dental root surfaces.a6 ' Under the Family Smoking Prevention and Tobacco Control Act, tobacco companies must prove the validity of any health claims to the U.S. Food and Drug Administration before using them in promotional materials. Additionally, any new smokeless tobacco products must go through independent testing regarding either their inherent harmfulness or their likely impact on overall tobacco use levels or public heafth before entering the market. 09-16-19 TC Packet Page 131 of 136 131 a Srnoke/ess Tobacco & Kds / 6 A study in lhe American Journal of Preventive Medicine found that "snuff use may be a gateway form of nicotine dosing among males in the United States that may lead to subsequent cigarette smoking." Further, the study found that "the prevalence of smoking was substantially higher among men who had quit using snuff than among those who had never used snuff, suggesting that more than 40 percent of men who had been snuff users continued or initiated smoking."aT A study from Nlcofrne & Tobacco Research found that adolescent boys who use smokeless tobacco products have a higher risk of becoming cigarette smokers within four years.as A 2008 study showed how smokeless tobacco manufacturers changed free nicotine levels-and thus the addictiveness of products-by manipulating pH levels in smokeless tobacco products over time. For instance, between 2000 and 2006, Conwood Smokeless Tobacco Company (now American Snuff Company, a Reynolds American subsidiary) increased the free nicotine level by 31.1 percent across all its brands. This change supports manufacturers' graduation strategy of starting new users at low nicotine levels and then building brand loyalty with fully addicted users with high nicotine levels. Researchers found that established, addicted, long-term smokeless tobacco users preferred products with the highest levels of free nicotine, whereas those who used smokeless tobacco with lower free nicotine content tended to be fairly new users.4e Campaign for Tobacco-Free Kids, March 72, 2019 / Ann Boonn a a Tvpes of Spit Tobacco . Oral (moist) snuff is a finely cut, processed tobacco, which the user places between the cheek and gum that releases nicotine which, in turn, is absorbed by the membranes of the mouth. . Snus (or pouches) is a tea-bag like packet of moist snuff tobacco and flavorings, placed between the upper gum and lip. The product design does not require the user to spit, unlike traditional moist snuff. . Dlsso/yable tobacco products are made of ground tobacco and flavorings, shaped into pellets, strips, or other forms, that the user ingests orally. These products do not require spitting. . Looseleaf chewing tobacco is stripped and processed cigar-type tobacco leaves, loosely packed to form small strips. lt is often sold in a foil-lined pouch and usually treated with sugar or licorice. . Plug chewing tobacco consists of small, oblong blocks of semi-soft chewing tobacco that often contain sweeteners and other flavoring agents. . Nasa/ snuff is a fine tobacco powder that is sniffed into the nostrils. Flavorings may be added during fermentation, and perfumes may be added after grinding. More information on smokeless tobacco is available at http://www.tobaccofreekids.orq/facts issues/fact sheets/toll/products/smokeless/. 1 U.S. Centers for Disease Control & Prevention (CDC), Vital Signs: Tobacco Product Use Among Middle and High School Students--.l,Jnited States,201'l-2018,' MMWR 68(6):157-164, February 15, 2019, https://www.cdc.qov/mmwr/volumes/6&wr/odfs/mm6806e1-H.odf. 2 CDC, q/ital Signs: Tobacco Product Use Among Middle and High SchoolStudents-United States, 2011-2018," MMWR 68(6):157-164, February 15, 2019. Cunenl use defined as having used the product in the past month. s Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, Resulls from the 2017 Ndional Suruey on Drug Use and Health, NSDUH: Detailed Tables, 2018, https//www.samhsa.qov/data/sites/defaulUfiles/cbhsq- reoorls/NSDUHDetailedTabs20l 7/NSDUHDetailedTabs20l 7. odf. I CDC, 'Frequency of Tobacco Use Among Middle and High School Students - United States, 2014,' MMWRU(38):1061-1065, October 2, 2015. 5 CDC, Youth Risk Behavior Surveillance - United States, 2017,' MMWR67(SS{), June 15, 2018. Other states with boys' smokeless use rates higher than the nalional rate include (for states listed in previous years, data are the most recent available): 2017 (nationalnte of 8.9o/): Alxka(11.7%1,lorva (9.1%), Kamas (9.1%), Michigan (10.4%1, Minnesota (9.9%), Montana (13.8%), Ne,rr Mexico (1 1.8%), North Dakota (12.8o/o), Pennsylvania (9.7%), South Carolina (13.7%1, Tennessee (11.6%), Wiscomin (9.8%). 2015 (national rate of 11.70/o): Alabama (19.6%), Mississippi (18.4%), Norh Carolina (14.9%), South Dakota (18.9%), \Afoming (17 .20/o).ICDC, Youth Risk Behavior Surveillance - United States, 2015,' MMWR 65(55{), June 10, 2016.1 2013 (national rcte of 14.7o/o): Georgia (15.7%), Ohio (15.2%). [CDC, Youtr Risk Behavior Surveillance - United States, 2013,' MMWR 63(554), June 13, 20'14.1 6 CDC, "Csnbustible and Smokeless Tobacco Use Among High School Athletes - United States, 2001-2013," MMWR 64(3a):935-939, September 4, 2015. 09-16-19 TC Packet Page 132 of 136 132 Smoke/ess Tobacco & Kds / 7 7 CDC, "Surveillance for Selected TobaccoUse Behaviors-united States, 1900-19%,' MMIryR 8 CDC, 'Surveillance for Selected TobaccoUse Behaviors - United States, 1900-1994,' MMWR e Altria Group, lnc., Form 1GK, 2017 Annual Report, filed February 27,2018, https://www.sec.oov/Archives/edqar/data/764'180/00007M18018000028/a2017form10-kq4.htm. 1o British American Tobacco, Preliminary Results 2017 presentation, February 22,2018, November 18, 1994. November 18, 1994. htto//www.bat.com/qrouo/sites/uk 9d9kcv.nsf/vwPaoesWebLive/DO72TJQU/$FILE/medMDAWZM2P.odf?openelement. 11 U.S. Department of Health and Human Services (HHS), Preventrng Tobacco Use Anong Yodh and Young Adults: A Repod d the Surgeon General,2012, a|539. 12 FTC, Smokeless Iobacco Repoft for 2017,2019, https://www.ftc.qov/svstem/files/documents/reportslfederal-trade+ommission-ciqarette- reoort-2017-federal-trade-commission-smokeless-tobacco+epor1/ftc smokeless tobacco reoort 20lT.pdf.Datafortop5manufacturersonly: Altria Group, lnc.; North Atantic Trading Company, lnc.; Reynolds American, lnc.; Swedish Match North America, lnc.; and Swisher lntemational Group, lnc. 13 Morrison, l/A, et al., "Under the Radar: Smokeless Tobacco Advertising in Magzines wilh Substantial Youth Readership,' Aneican Joumal of Public Health (AIPH) 98:?A3-1A8, 2008. See also, Sporfs lllustrated, July 30, 2001, and December 1 1, 2009; Rolling fione, June 10, 2010, and December 5, 2013. la Massachusetts Department of Public Health, Smoke/ess Tobacco Advedising Expenditures Before and After the Smoke/ess Tobacco Master Seftlement Agreement: A Repoft of the Massachusefrs Depaftment of Public Health,ttay 2002, htto//archives. lib.state.ma.us/bitstream/handle/2452/49479/0cm50878863.0df . ls FTC, Smokeless Tobacco Repotfor 2017,2019 [Data for top 5 manufacturers only]. 16 FTC, Smoke/ess Tobacco Repoftfor 2017,2019 [Data for top 5 manufacturers only]. 17 Connolly, G, 'The Marketing of Nicotine Addiction by One Oral Snuff Manufacturer," Iobacco Control4(1):73-79, 1995. 18 Connolly, G, The Marketing of Nicotine Addiction by One Oral Snuff Manufacturer," Iobacco Confrol4(1):73-79, 1995. rs Freedman, AM, Tlow a Tobacco Giant Doctors Snuff Brands to Boost Their Kick,' Ihe Wall Steet Joumal, October 26, 1994. 20 Brown, JE, et al., 'Candy Flavorings in Tobacco,'New England Joumal of Medicine, DOl: 10.1056/NEJMc1403015, lttay7,2014, htto//www.neim.oro/doi/full/1 0. 1 056iNEJ Mc 1 40301 5. 21 Alpert, HR, et al., "Free nicotine content and strategic marketing of moist snuff tobacco products in the United States: 2000-2006," Tobacco Control 17 :332-338, 2008. 22 Ambrose, BK, et al., "Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014,' Joumal of the Ameican Medical Assocration, published online October 26, 2015. 23 Ambrose, BK, et al., "Flavored Tobacco Producl Use Among US Youth Aged 12-17 Years, 2013-2014,' Joumal of the Ameican Medical Assoc/aflon, published online October 26, 2015. 2a Dai, H, 'Changes in Flavored Tobacco Product Use Among Cunent Youth Tobacco Uses in the United States, 2014-2017," JAMA Pediatix, published online January 7, 2019. 2s Delnevo, C, et al., "Examining market trends in the United States smokeless tobacco use: 2005 - 2011 ," Tobacco Control, October 31,2012, doi:1 0/1 1 36/tobaccoconlrol-201 2-050739. 26 Rocky Mountain News, June 22, 1996. 27 Massachusetts Department of Public Health, Smoke/ess Tobacco AdveftNng Expenditures Before and After the Smokeless Tobacco Master SeftlanentAgreement: ARepoftof theMassachusettsDepaftmentof PublicHealth, May2002, htto//archives.lib.state^ma.us/bitstream/handle/2452l49479/0cm50878863.pdf. 28 U,S. House Committee on Energy and Commerce, Can Tobacco Cure Smoking? A Review d Tobacco Harm Reduction, Hearing, June 3, 2003, Serial No. 108-31, at 132, httpl/www.qoo.qov/fdsvs/pkq/CHRG-108hhrq87489/0dflCHRG-108hhrq87489.pdf. Dipasquale, CB, "Smokeless Tobacco Company Pulls Magazine Ads,' Ad Age, June 7, 2002, htto:l/adaqe.com/arlicle/news/smokeless-tobacco+omoanv-oulls- maqazine-ads/34765/. 2e U.S. Department of Health and Human Services (HHS), SAMHSA Center for Behavioral Health Statistics and Quality, National Suruey on Drug Use and Health,2014.|CPSR36361-v1, Ann Arbor, Ml: lnter-university Consortium for Political and Social Research [distdbutor], 2016- 0!22, http//doi.org/1 0.3886/1CPSR36361.v1. 30 SAMHSA, HHS. Center for Behavioral Health Statistics and Quality. National Survey on Drug Use and Health, 2014. lCPSR36361-v1. Ann Arbor, Ml: lnter-univensity Consortium for Political and Social Research [distdbutor], 201643-22. http//doi.org/10.3886/lCPSR36361 .v1 . 31 SAMHSA, Analysis of data from the 2013 National Suruey on Drug Use and Health. s2 Lofstock, J, "Smokeless Sales are Surging,' Convenience Slore Decislong December 7, 2012. s3 Lofstock, J, "Smokeless Sales are Surging,' Convenience Store Decislons, December 7, 2012. 34 SAMHSA, Analysis of data from the 2013 National Suruey on Drug Use and Heafth. s Nelson, L, 'lf you think Snus is a safe allemalive to smoking, think again,' Kansas City Star, October 31, 2007. s6 FDA, FDA issues first product ma*eting oders through prema*et tobacco applicafron pathway, FDA Nerrrs Release, November 10, 2015, htto/Ar*vw.fda.oov/NewsEvents/Newsroonr/PressAnnouncements/ucm472026.htm. sr lndiana Poison Center, New Forms of Smoke/esg Spd/ess lobacco Put Users and Childrcn af Risk, News Release, January 1, 2009. Kansas Department of Health and Environmenl, World No Tobacco Day;Kansas Iest Ma *et for New Tob*co Product, Press Release, May 26, 201 1, http//www.kdheks.gdnarvsArveb_archives/201 1 /0526201 1.htn. rs FDA, Summary: TPSAC Report on Dissolvable Tobarco Products, March1,2012, httoJtuiww.fda.qov/downloads/AdvisorvCommittees/CommitteesMeetinoMaterials/TobaccoProductsScientificAdvisorvCommittee/UCM295842. E!!. See also, TFK, The Dangerfrcm Di,ssolvable Tobacco and Other &nd<e/ess Iobacco Products, http lA,lnvw. tobaccof reekids. org/research/factsheets/odf/0363. pdf . s HHS, Ihe Health Conseguences of Using Smolre/es s Tobarco: A Repod of the Advisory Comnittee to the Surgeon Genenl, Bethesda, MD 20892, NIH Publication No. 86-2874, April 1986, http//profites.ntm.nih.qov/NN/B/B/F/C/. 43(SS{3), 43(SS{3), 09-16-19 TC Packet Page 133 of 136 133 Smoke/ess Tobacco & Kds / I a National Cancer lnstitute (NCl), 'Smokeless Tobacco and Cancer,' Accessed September 9,2014. hltp:/Arww.cancer.qov/cancertooicdfactsheet/Tobacco/smokeless#r1. See also: NlH, NCl, Smd<ing and Tobacco Control Monognph 2: Smokeless Tobacco or Health: An lntemational Penpective, September 1992, http://cancercontrol.cancer.oov/tcrb/monooraphs/2/m2 complete.pdf. al Nalional Toxlcology Program, Public Health Service, HHS, Repod on Carcinogens, Thifieenth Edition, October 2014, htto://ntp.niehs.nih.qov/nto/roclcontenUorofiles/tobaccorelatedexposures.0df. a2 NCI and CDC, Smoke/ess Tobac;co and Public Health: A Global Perspxtive, Bethesda, MD: HHS, CDC, NlH, NCl, NIH Publication No. 14 7983, December 2014, htlo://cancercontrol.cancer.qov/bm/tcrb/qlobal-oersoective/index.html. See also: lntemational Agency for Research on Cancer. A Review of Human Carcinogens: Personal Habits and lndoor Combusflons. IARC Monographs on the Evaluation of Carcinogenic Risks to Humans, Volume 100E (2012). htto://monoqraohs.iarc.frlENG/Monooraohs/vol100E/mono100E-8.pdf a3 Roshon, Bl- et al., "Smokeless tobacco use and circulatory disease risk: a systemalic reviaiv and meta-analysb," Open Heart 5(2):e000846, 2018. 4 CDC, Smokeless Tobacco: Health Efiecls, December 1, 2016, httosJ/www.cdc.qovltobaccddata statisticslfact sheets/smokeless/health effects/index.htm. NCI and CDC, Smoke/ess Tobacco and Public Health: A Global Perspective, Bethesda, MD: HHS, CDC, NlH, NCl, NIH Publication No. 14-7983, December 2014, http//cancerconkol.cancer.qov/brp/tcrb/olobal-oersoective/index. html. as Hatsukami, D & Sevenson, H, "Oral Spit Tobacco: Addiction, Prevention and Treatment," Nicotine &Tobacco Research 1:2144, 1999. ao Tomar, SL, "Chadng Tobacco Use and Dental Caries Among U.S. Men," Joumal of the Ameican Dental Assrciation,1999, 130: 160. a7 Tomar, SL, "Snuff Use and Smoking ln U.S. Men: lmplications for Harm Reduction,'AJPH 23(3),2002. 4 Tomar, S, "ls use of smokeless tobacco a risk frctor for cigarette smoking? The U.S. experience,'Nicotine & Tobacn Research 5(a):561- 569, August 2003. 4e Alpert, HR, et al., "Free nicotine content and strategic marketing of moisl snuff tobarco products in the United States: 200G2006," Tobacco C o ntrol 17 :332-338, 2008. 09-16-19 TC Packet Page 134 of 136 134 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: September 16, 2019 AGENDA ITEM: Executive Session PRESENTED BY: Clint Kinney, Town Manager BACKGROUND: The Town Council has reason to convene in executive Session. To convene in executive session, state law requires that the specific motion written in staff recommendations section requesting the executive session be passed with 2/3 of the governing body voting in the affirmative for said motion. FINANCIAL IMPACT: N/A APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: N/A COUNCIL OPTIONS: Convene in Executive Session Choose not to convene in Executive Session STAFF RECOMMENDATION: Town Council will now meet in Executive Session pursuant to C.R.S. 24-6-402(4) and Snowmass Village Municipal Code Section 2-45(c), to specifically discuss two items: a) Conferences with an attorney for the purposes of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(4)(c) and Snowmass Village Municipal Code Section 2-45(c)(2); and 135 b) Personnel matters, except if the employee who is the subject of the session has requested an open meeting, pursuant to C.R.S. 24-6-402(4)(f)(I) and Snowmass Village Municipal Code Section 2-45(c)(6); Provided, there is an affirmative vote of two-thirds of the quorum present at this meeting to hold an Executive Session and for the sole purpose of considering items (a) and (b) above. Provided further, that no adoption of any proposed policy, position, resolution, regulation, or formal action shall occur at this Executive Session. ATTACHMENTS: A. N/A 136