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11-18-19 Town Council Packet with Supplemental DocsTown Council Monday, November 18, 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 1 4.B.FIRST READING - ORDINANCE NO. 14, SERIES OF 2019 - AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE POST GRANT 1 Town Council Page - 2 FUND FOR THE TOWN OF SNOWMASS VILLAGE. Agenda Summary POST Grant Page 5 POST Ordinance Page 7 5.POLICY/LEGISLATIVE PUBLIC HEARINGS 5.A.SECOND READING - ORDINANCE NO. 12, SERIES OF 2019 - AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AMENDING CHAPTER 9 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE BY ENACTING RESTRICTIONS ON THE SALE OF FLAVORED TOBACCO PRODUCTS, INCLUDING MENTHOL, IN TOBACCO RETAIL ESTABLISHMENTS WITH THE TOWN OF SNOWMASS VILLAGE Agenda Summary Ban Flavored Tobacco Page 9 Ban Flavored Tobacco Ordinance Page 11 Public Comments Page 21 Clean Copy of Ordinance 12 with Alyssa's revisions 6.ADMINISTRATIVE REPORTS 6.A.RECOMMENDATION ON AN EXISTING PUBLIC ART PIECE TO BE RE-LOCATED ON THE SOUTHEAST WALL OF THE TOWN COUNCIL CHAMBERS Agenda Summary Sorensen Art Page 23 Attchment A Art Acquisition Policy Page 29 Attachment B Phot of Peaks Page 34 6.B.RECOMMENDATION ON THE ACCEPTANCE OF A PUBLIC ART PIECE TO BE DONATED TO THE TOWN OF SNOWMASS VILLAGE Agenda Summary SAAB Sherwood Donation Page 35 Attachment A Art Acquisition Policy Page 38 Attachment B Art Acquisition Application Page 47 Attachment C George Sherwood Wikipedia Page 50 Attachment D SAAB request for Acceptance Page 51 6.C.CONTINUED DISCUSSION ON MALL TRANSIT STATION Agenda Summary Mall Transit Discussion Page 52 TOSV Mall Feasibility Study Page 55 2000 Alternative Design Page 77 Image of Design Q2 Page 80 7.TOWN COUNCIL REPORTS AND ACTIONS - Reports and Updates 2 Town Council Page - 3 8.ADJOURNMENT 9.Supplement Information - Ban of Flavored Tobacco 9.A.Supplemental Information for Ordinance to Ban Flavored Tobacco 11-18-19 Supplemental Info - Flavored Tobacco Ban -1 11-18-19 Supplemental Info - Flavored Tobacco Ban -2 10.Supplemental Information - Mall Transit Station 10.A.Supplement Information - Public Comment Mall Transit Stations Mall Transit Public Comment.pdf 3 DRAFT 2019 -2020 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. Nov. 18th - Regular Meeting (Goode out) • Continued discussion on Mall Transit station • 2nd reading Ord Ban of Flavored Tobacco • SAAB- considering a location for Sorrenson piece and to accept a donation of a sculpture • 1st reading ord amending budget to receive POST grant of $45K Mon. Dec. 2nd - Regular Meeting (3:00 p.m. Site Visit – Snowmass Center) • Continued P.H. Snowmass Center • Owl/Brush Creek Intersection Discussion • 1st reading Ord Wildfire mitigation ordinance proposal • Reso setting TC 2020 Meeting dates • Executive Session • Coffey Place Financing resolution? • Mon. Dec. 9th – Regular GID Meeting • GID – Reso Setting Mill Levy Mon. Dec. 9th - Special Meeting • TC – Reso Setting Mill Levy • Initial discussion regarding Fanny Hill Stage location Mon. Dec. 16th - Regular Meeting (Madsen, Sirkus out) • Reso -Timberline AT&T cell project • SAAB- consideration accepting new art and installing one permanent and one temporary piece • 2nd Reading Ord Wildfire mitigation ordinance proposal • Coffey Place Financing Reso? 11-18-19 TC Packet Page 1 of 80 4 DRAFT 2019 -2020 Agenda Items 2020 Draft Agenda’s - Not yet approved by the Town Council Mon. Jan 6th – Regular Meeting • Wildcat Ranch vesting extension • Mon. Jan 13th – Work Session • Tue. Jan 21st – Regular Meeting • Mon. Feb 3rd – Regular Meeting • Mon. Feb 10th – Work Session • Tue. Feb 18th - Regular Meeting • Mon. Mar 2nd – Regular Meeting • Mon. Mar 9th – Work Session • Mon. Mar 16th – Regular Meeting • Mon. Feb 10th – Work Session • Mon. Apr 6th – Regular Meeting • Mon. Apr 13th – Work Session • Mon. Apr 20th – Regular Meeting • Mon. May 4th – Regular Meeting • Mon. May 11th – Work Session • Mon. May 18th – Regular Meeting • Mon. Jun 1st – Regular Meeting • Mon. Jun 8th – Work Session • Mon. Jun 15th – Regular Meeting • Mon. Jul 6th – Regular Meeting • Mon. Jul 13th – Work Session • Mon. Jul 20th – Regular Meeting • Mon. Aug 3rd – Regular Meeting • Mon. Aug 10th – Work Session 11-18-19 TC Packet Page 2 of 80 5 DRAFT 2019 -2020 Agenda Items • Mon. Aug 17th – Regular Meeting • Tue. Sep. 8th – Regular Meeting • Mon. Sep.14th – Work Session • Mon. Sep. 21st – Regular Meeting • Mon. Oct. 5th – Regular Meeting • Mon. Oct. 12th – Work Session • Mon. Oct. 19th – Regular Meeting • Mon. Oct. 19th – Regular Meeting • Mon. Nov. 2nd – Regular Meeting • Mon. Nov. 9th – Work Session • Mon. Nov. 16th– Regular Meeting • Mon. Dec. 7th – Regular Meeting • Mon. Dec. 14th – Special Meeting • Mon. Dec 21st – Regular Meeting • 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 • 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 11-18-19 TC Packet Page 3 of 80 6 DRAFT 2019 -2020 Agenda Items • 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 11-18-19 TC Packet Page 4 of 80 7 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 18, 2019 AGENDA ITEM: ORDINANCE NO. 14, SERIES OF 2019 – FIRST READING OF AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE POST GRANT FUND FOR THE TOWN OF SNOWMASS VILLAGE PRESENTED BY: Clint Kinney, Town Manager Marianne Rakowski, Finance Director BACKGROUND: The POST (Peace Officer Standards & Training) Grant Fund is proposed to be amended due to an increase in the POST grant funding to pay for additional training in the amount of $45,000. FINANCIAL IMPACT: The POST Grant funds of $45,000 will be both a revenue (for the approved grant funding) and an expenditure (for the training). APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: . COUNCIL OPTIONS: 1. Approve the First Reading of Ordinance No. 14, Series of 2019 funding the amended budget items. 2. Deny the First Reading of Ordinance No. 14 Series of 2019 declining funding the amended budget items. STAFF RECOMMENDATION: It is recommended to amend the budget by approving Ordinance No. 14, Series of 2019 . 11-18-19 TC Packet Page 5 of 80 8 ATTACHMENTS: Ordinance No. 14, Series of 2019 11-18-19 TC Packet Page 6 of 80 9 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 14 4 SERIES OF 2019 5 6 7 8 AN ORDINANCE AMENDING THE 2019 BUDGET FOR THE POST GRANT FUND 9 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 POST Grant Fund; 16 and 17 18 WHEREAS, the POST Grant Fund is revised to include additional revenues and 19 expenditures of the I-70 West POST Grant; and 20 21 WHEREAS, the Town of Snowmass Village Home Rule Charter requires 22 adjustments to the budget when circumstances change relating to the budget. 23 24 NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of 25 Snowmass Village, Colorado: 26 27 28 Section One: Revised Budget 29 That the Town of Snowmass Village 2019 budget for the POST Grant 30 Fund be adjusted to include the below amendments. 31 32 Section Two: Appropriation 33 That the below 2019 revised revenues and expenditures are hereby 34 appropriated for expenditure during the 2019 budget year. 35 36 Town of Snowmass Village Budget Changes - 2019 Revised Budget 2019 Revenues 2019 Expenditures POST Grant Fund $ 45,000 $ 45,000 11-18-19 TC Packet Page 7 of 80 10 19-14 TC Ord Page 2 of 2 37 Section Three: Effective Date 38 This Ordinance shall become effective upon adoption in accordance with 39 Article X, Section 9.11 (e) of the Home Rule Charter. 40 41 42 INTRODUCED, READ AND ADOPTED on first reading by the Town Council of 43 Snowmass Village, Colorado on the 18th day of November, 2019 with a motion made 44 by Council Member _________ and seconded by Council Member ________ and by a 45 vote of __ in favor to __ opposed. 46 47 INTRODUCED, READ AND ADOPTED on second reading by the Town Council of 48 Snowmass Village, Colorado on the 2nd day of December, 2019 with a motion made by 49 __________ and seconded by ______________, and by a vote of __ in favor to __ 50 opposed. A roll call was taken, those in favor were_________________________, 51 those opposed were _____________________. 52 53 54 55 TOWN OF SNOWMASS VILLAGE 56 ____________________________ 57 Markey Butler, Mayor 58 59 ATTEST: 60 61 ____________________________ 62 Rhonda Coxon, Town Clerk 63 11-18-19 TC Packet Page 8 of 80 11 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 18, 2019 AGENDA ITEM: SECOND READING – ORDINANCE NO. 12, SERIES OF 2019 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS VILLAGE, COLORADO, AMENDING CHAPTER 9 OF THE TOWN OF SNOWMASS VILLAGE MUNICIPAL CODE TO INCLUDE RESTRICTIONS ON THE SALE OF FLAVORED TOBACCO PRODUCTS, INCLUDING MENTHOL, IN TOBACCO RETAIL ESTABLISHMENTS WITH THE TOWN OF SNOWMASS VILLAGE PRESENTED BY: Rhonda B. Coxon, Town Clerk BACKGROUND: At a past 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. Pitkin County has had discussion but has not passed anything to date. At the Regular meeting of the Snowmass Village Town Council on September 16, 2019 Council asked staff to bring back an Ordinance banning all flavored Tobacco Products including menthol. Town Council approved first reading of this Ordinance at their Regular Meeting on November 04, 2019. 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 that passed on November 5, 2019 ballot for a County wide tax on cigarettes. 11-18-19 TC Packet Page 9 of 80 12 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. Approve Second Reading of Ordinance No. 12, Series of 2019 2. Deny First Second of Ordinance No. 12, Series of 2019 3. Modify Ordinance No. 12, Series of 2019 STAFF RECOMMENDATION: Approve Second Reading of Ordinance No. 12, Series 2019 with any suggested changes by the Town Council. ATTACHMENTS: Ordinance No. 12, Series of 2019 Public Comment Received 11-18-19 TC Packet Page 10 of 80 13 SNOWMASS VILLAGE 1 TOWN COUNCIL 2 3 ORDINANCE NO. 12 4 SERIES OF 2019 5 6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE, COLORADO, AMENDING CHAPTER 9 OF THE TOWN OF SNOWMASS 8 VILLAGE MUNICIPAL CODE BY ENACTING RESTRICTIONS ON THE SALE OF 9 FLAVORED TOBACCO PRODUCTS, INCLUDING MENTHOL, IN TOBACCO RETAIL 10 ESTABLISHMENTS WITH THE TOWN OF SNOWMASS VILLAGE 11 12 13 WHEREAS, tobacco use among people under 18 years of age is increasing each 14 day and more young people are becoming new regular tobacco users; and 15 16 WHEREAS, studies show flavored tobacco products promote early initiation of tobacco 17 use by young people by reducing or masking the natural harshness and taste of 18 tobacco smoke and thereby increasing the appeal of tobacco products; and 19 20 WHEREAS, menthol flavoring cools and numbs the throat to reduce throat 21 irritation and make the smoker feel smoother, making menthol cigarettes an appealing 22 option for youth who are initiating tobacco use; and 23 24 WHEREAS, flavorings such as mint and wintergreen in smokeless tobacco 25 products encourage new users to start with milder flavors and progress to more full-26 bodied, less flavored products; and 27 28 WHEREAS, young people are much more likely than adults to use menthol-29 candy-and fruit-flavored tobacco products, including not just cigarettes but also cigars, 30 cigarillos, and hookah tobacco; and 31 32 WHEREAS, the Centers for Disease Control and Prevention has reported a more 33 than 800% increase in electronic cigarette use among middle school and high school 34 students between 2011 and 2015; and 35 36 WHEREAS, nicotine solutions, which are consumed via electronic smoking 37 devices such as electronic cigarettes, are sold in a wide variety of youth-appealing 38 flavors, such as cotton candy and bubble gum; and 39 40 WHEREAS, the Town Council finds that this ordinance furthers and is necessary 41 for the promotion of public health, safety, and welfare to reduce the appeal of tobacco to 42 youth and to reduce the likelihood that youth will become tobacco users by prohibiting 43 Tobacco Product Retailers from selling, offering for sale, or possessing with the intent to 44 sell, flavored tobacco products and electronic smoking devices and components 45 thereof. 46 11-18-19 TC Packet Page 11 of 80 14 19-12 TC ORD Page 2 of 10 47 NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 48 Snowmass Village that the Snowmass Village Municipal Code is hereby amended by 49 adding Chapter 9, Article 2 which shall read as follows: 50 51 Section 1. The foregoing recitals are hereby adopted as findings and 52 determinations of the Town Council. 53 54 Section 2. Chapter 9, Article 2 of the Snowmass Village Municipal Code should 55 be amended by adding the language below: 56 57 58 Sec. 9-35 Definitions 59 60 A. “Characterizing Flavor” means a Distinguishable taste or aroma or both, 61 other than the taste or aroma of tobacco, imparted either prior to or during 62 consumption of a Tobacco Product or any byproduct produced by the 63 Tobacco Product. Characterizing flavors include, but are not limited to, tastes 64 or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, 65 dessert, alcoholic beverage, menthol, mint, wintergreen, herb, spice; provided 66 however, that a Tobacco Product shall not be determined to have a 67 characterizing flavor solely because of the use of additives or flavorings or the 68 provision of ingredient information. Rather, it is the presence of a 69 Distinguishable taste or aroma or both, as described in the first sentence of 70 this definition that constitutes a characterizing flavor. 71 72 B. “Cigar” means any roll of tobacco other that a Cigarette wrapped entirely or 73 in part in tobacco or any other substance containing tobacco. For purposes 74 of this Chapter, cigar includes but is not limited to tobacco products known or 75 labeled as “cigar”, “cigarillo”, or “little cigar”. 76 77 C. “Cigarette” means any product that contains tobacco or nicotine that is 78 intended to be burned or heated under ordinary conditions of use, and 79 consists of or contains: 80 81 1. Any roll of tobacco wrapped in paper or in any substance not containing 82 tobacco; 83 2. Tobacco in any form that is functional in the product, which because of its 84 appearance, the type of tobacco used in the filter, or its packaging or 85 labeling, is likely to be offered to, or purchased by Consumers as a 86 cigarette; or 87 3. any roll of tobacco wrapped in any substance containing tobacco that, 88 because of its appearance, the type of tobacco used in the filler, or its 89 11-18-19 TC Packet Page 12 of 80 15 19-12 TC ORD Page 3 of 10 packaging and labeling, is likely to be offered to, or purchased by, 90 Consumer as a cigarette described above. 91 4. the term included all “roll-your-own”, i.e., any tobacco that, because of its 92 appearance, type, packaging, or labeling, is suitable for use and likely to 93 be offered to or purchased by Consumers as tobacco for making 94 cigarettes. 95 96 D. “Constituent” means any ingredient, substance, chemical, or compound 97 other than tobacco, wat or reconstituted tobacco sheet that is added by the 98 manufacturer to a Tobacco Product during the processing, manufacture, or 99 packing of a Tobacco Product. 100 101 E. “Consumer” means an individual who purchases a Tobacco Product or 102 Tobacco Paraphernalia for consumption and not for Sale to another. 103 104 F. “Distinguishable” means perceivable by either the sense of smell or taste. 105 106 G. “Electronic Smoking Device” means any product containing or delivering 107 nicotine intended for human consumption that can be used by an individual to 108 simulate smoking in the delivery of nicotine or any other substance, even if 109 marketed as nicotine-free, through inhalation from the produce. Electronic 110 smoking device includes any refill, cartridge or component part of a product, 111 whether marketed or sold separately. Electronic smoking device does not 112 include any product that had been approved or certified by the Untitled Stated 113 Food and Drug Administration for sale as a tobacco cessation product or for 114 other medically certified purposes. 115 116 H. “Establishment” means any store, stand, booth, concession or any other 117 enterprise that Sells, offers for Sale, or does or offers to exchange for any 118 form of consideration, Tobacco Products or Tobacco Paraphernalia including, 119 but not limited to any retail location, stand, outlet, vehicle, cart, vending 120 machine, structure or any grounds where Tobacco Products and/or Tobacco 121 Paraphernalia are sold or offered for exchange. 122 123 I. “Flavored Tobacco Product” means any Tobacco Product, including 124 Cigarettes, that contains a Constituent or that imparts a Characterizing 125 Flavor. 126 127 J. “Ingredient” means any substance, chemical or compound, other than 128 tobacco, water or reconstituted tobacco sheet that is added by the 129 manufacturer to a tobacco product during the processing, manufacture or 130 packing of the Tobacco Product. 131 132 K. “Labeling” means written, printed, pictorial, or graphic matter upon any 133 Tobacco Product or any of its Packaging. 134 11-18-19 TC Packet Page 13 of 80 16 19-12 TC ORD Page 4 of 10 135 L. “License” means a Tobacco Product Retail License. 136 137 M. “Manufacturer” means a Person, including any repacked or relabeled, who 138 manufacturers, fabricates, assembles, processed, or labels a Tobacco 139 Product; or imports as finished Tobacco Product for Sale or distribution into 140 the United States. 141 142 N. “Packaging” means a pack, box, carton, or container of any kind or, if no 143 other container, any wrapping (including cellophane) in which a Tobacco 144 Product(s) is sold or offered for Sale to a consumer. 145 146 O. “Person” in this Chapter means any natural person, partnership, cooperative 147 association, corporation, limited liability company, personal representative, 148 receiver, trustee, assignee or other legal entity. 149 150 P. “Sale or Sell” means any transfer, exchange, barter, gift, offer for sale, or 151 distribution for a commercial purpose, in any manner, for any form of 152 consideration or by any means. 153 154 Q. “Tobacco Paraphernalia” means any item designed for the consumption, 155 use, or preparation of Tobacco Products. 156 157 R. “Tobacco Product” means: 158 159 1. any product which contains, is made or derived from tobacco or used to 160 deliver nicotine, synthetic nicotine or other substances intended for human 161 consumption, whether heated, chewed, absorbed, dissolved, inhaled, 162 snorted, sniffed or ingested by any other means, including, but not limited 163 to Cigarettes, Cigars, little Cigars, chewing tobacco, pipe tobacco, snuff, 164 bidis, snus, mints, hand gels; and 165 2. an Electric Smoking Device or component thereof; 166 3. notwithstanding any provision of subsections 1 and 2 above to the 167 contrary, “Tobacco Product” includes any component, part, accessory or 168 associated Tobacco Paraphernalia of a Tobacco Product whether sold 169 separately. 170 4. The term “Tobacco Product” does not include 171 a. any product that contains marijuana; and 172 b. any product made form or derived from Tobacco and approved by the 173 Food and Drug Administration (FDA) for use in connection with 174 cessation of smoking. 175 176 S. “Tobacco Product Retailer” means any person who engages in the Sale of 177 Tobacco Products or Flavored Tobacco Products directly to the public from 178 11-18-19 TC Packet Page 14 of 80 17 19-12 TC ORD Page 5 of 10 any store, stand, booth, concession, outlet, vehicle, cart vending machine, 179 structure or any grounds or any other enter[rose that Sells, offer for Sale, or 180 does or offers to exchange for any form of consideration. 181 182 T. “Tobacco Product Retailing” means the act of selling, offering for sale or 183 exchanging or offering to exchange for any form of consideration, Tobacco 184 Products and or Flavored Tobacco Products. 185 186 Sec. 9-36 Sale or distribution of flavored Tobacco Products Prohibited 187 188 A. The sale or distribution by a Tobacco Product Retailer of a Flavored Tobacco 189 Product(s) is prohibited. 190 191 B. A Tobacco Product Retailer, or any of the Tobacco Product Retailer’s agents, 192 or employees shall not sell, offer for sale or posses with the intent to sell 193 Flavored Tobacco Products(s). 194 195 C. There shall be a rebuttable presumption that a Tobacco Product is presumed 196 to be a Flavored Tobacco Product if a Manufacturer’s agents or employees, in 197 the course of their agency or employment, had made a statement or claim 198 directed to Consumers or to the public that the Tobacco Product has or 199 produces a Characterizing Flavor, including but not limited to, text, color; 200 and/or images on the product Labeling or Packaging that are used to explicitly 201 or implicitly communicate that the Tobacco Product has a Characterizing 202 Flavor. 203 204 D. There shall be a rebuttable presumption that a Tobacco Product Retailer in 205 possession of four or more Flavored Tobacco Products, including but not 206 limited to individual Flavored Tobacco Products, packages of Flavored 207 Tobacco Products with the intent to Sell or offer said product s for Sale. 208 209 Sec. 9-37 Compliance Monitoring 210 211 A. Enforcement of this Chapter shall be monitored by the Town of Snowmass 212 Village Police Department or designee, as the Snowmass Village Police 213 Department deems appropriate. 214 215 B. All Tobacco Product Retailers shall be subject to a compliance check for 216 adherence to the provisions of this Chapter at least once a year with 217 violations being checked more frequently until two (2) consecutive check are 218 completed without a violation. 219 220 Sec. 9-38 Suspension or revocation of License 221 11-18-19 TC Packet Page 15 of 80 18 19-12 TC ORD Page 6 of 10 222 A. The following shall be grounds for suspension or revocations of the Licensee’s 223 License: 224 225 1. A violation by a Licensee or Licensee’s officers, agents, or employee of 226 any of the provisions of this Article, or any laws of the United States, the 227 State of Colorado or ordinances of the Town of Snowmass Village relating 228 to the sale or furnishing of Flavored Tobacco Products. 229 230 2. Violations of any conditions imposed by the Licensing Administrator or 231 Hearing Officer in connection with the issuance of renewal of a License. 232 233 3. Failure to pay State or local taxes that are related to the operation of the 234 business associated with the License. 235 236 4. Loss of right to possession of the Licensed premises. 237 238 5. Fraud, misrepresentation, or a false statement of material fact contained in 239 the original or renewal license application. 240 241 242 B. The Town Manager shall appoint a Hearing Officer to hear all actions relating to 243 the suspension or revocation of Licenses pursuant to this Article. The Hearing 244 Officer shall have the authority to suspend, revoke, or impose remedial sanctions 245 for violations. 246 247 C. The Licensing Administrator shall commence suspension or revocation 248 proceedings by petitioning the Hearing Officer to issue an order to the Licensee 249 to show cause why the Licensee’s License (s) should not be suspended or 250 revoked. The Hearing Officer shall issue such an order to show cause if the 251 petitions demonstrated that probable cause exists to determine that one or more 252 grounds exist pursuant to subsection (a) to suspend or revoke the Licensee’s 253 License. The order to show cause shall set the matter for a public hearing before 254 the Hearing Officer. 255 256 D. Notice of the order to show cause and hearing date shall be mailed to Licensee 257 by regular mail, postage prepaid, at the address shown on the License no later 258 than thirty (30) days prior to the hearing date. Notice is deemed to have been 259 given properly given upon mailing. 260 261 11-18-19 TC Packet Page 16 of 80 19 19-12 TC ORD Page 7 of 10 E. The notice to show cause hearing and any subsequent right to appeal shall be 262 conducted and controlled by the provisions of Rule 106 (a)(4), of the Colorado 263 Rules of Civil Procedure. The standard of proof at such hearings shall be a 264 265 preponderance of the evidence and burden of proof shall be upon the Licensing 266 Administrator. 267 268 F. In determining whether a License should be suspended or revoked, and in 269 determining whether to impose conditions in the event of a suspension, the 270 Hearing Officer shall consider the following factors: 271 272 1 The nature and circumstances of the violation; 273 2 Corrective action, if any taken by the Licensee; 274 3 Prior violations, if any by the Licensee; 275 4 The likelihood of recurrence of the violation; 276 5 Whether the violation was willful; and 277 6 Previous sanctions, if any, imposed on the Licensee. 278 279 Sec. 9-39 Penalties and fines. 280 281 A. License Penalties and Fines. In addition to any other penalty authorized by 282 law, if the Town of Snowmass Village Municipal Court determines base on the 283 evidence, that a Tobacco Product Retail Licensee, or any of the Licensee’s 284 agents or employees, has violated any of the requirements, conditions, or 285 prohibitions of this Chapter, or had pleaded guilty, “no contest” or its equivalent, 286 or admitted to a violation of any law related to the Sales of Flavored Tobacco 287 Products the following penalties shall be imposed by the Court on the Licensee: 288 289 1 Upon the first violation, a fine of $50.00 290 2 Upon the second violation a fine of $150.00 291 3 Upon the third violation a fine of $300.00 292 4 Upon the fourth violation summons any subsequent offense(s) 293 5 Each day of violation constitutes a separate offense. 294 295 296 B. A Proprietor is responsible for the actions of its agents and employees regarding 297 the sale of Tobacco Products. The illegal sale of any Flavored Tobacco Products 298 at the Proprietor’s Tobacco Product Retail Location shall result in the 299 assessment of a civil penalty to the Proprietor in the following amounts: 300 301 1 A Penalty Assessment in the amount of $1,000.00 for the 1st violation or a 302 summons with a fine up to $2,650.00; 303 11-18-19 TC Packet Page 17 of 80 20 19-12 TC ORD Page 8 of 10 2 A Penalty Assessment in the amount of $1,500.00 for the 2nd second 304 violation or a summons with a fine up to $2,650.00; 305 3 A Penalty Assessment in the amount of $2,000.00 for the 3rd third violation 306 and any subsequent violation(s) or a summons with a fine up to $2,650.00. A 307 conviction pursuant to Subsection (a) above shall constitute prima facie 308 evidence of a Proprietor’s violation of this Subsection. 309 310 Sec. 9-40 Enforcement. 311 312 A. The remedies provide by the Article are cumulative and in addition to any other 313 remedies available at law or in equity. In addition to other remedies provided in 314 this Article or by other law, any violation of the Article may be remedied by a civil 315 action brought by the Town Attorney, including but not limited to nuisance 316 abatement proceedings and injunctive relief. 317 318 B. Causing, permitting, aiding, abetting, or concealing a violation of any provision of 319 this Article shall cause the offender to be subject to the penalties set forth herein 320 or in the Town of Snowmass Village Municipal Code. 321 322 Sec. 9-41 Effective Date 323 324 This Article shall become effective January 1, 2020 after First and Second Reading 325 approval by the Town Council of the Town of Snowmass Village. 326 327 Section 3. This ordinance shall not affect any existing litigation and shall no 328 operate as an abatement of any action of proceeding now lending under or by virtue the 329 ordinances repealed or amended as herein provided, and the same shall be conducted 330 and concluded under such prior ordinances. 331 332 Section 4. If any section, subsection, sentence, clause, phrase, or portion of this 333 ordinance is for any reason held invalid or unconstitutional in a court of competent 334 jurisdiction, such portion shall be deemed a separate, distinct and independent 335 provision and shall not affect the validity of the remaining portions thereof. 336 337 338 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of the Town 339 of Snowmass Village at First Reading on November 04, 2019 upon the motion of 340 Council Member Shenk, the second of, Council Member Madsen and upon a vote of 3 341 in favor and 2 opposed. Council Member Sirkus and Goode were opposed. 342 343 344 11-18-19 TC Packet Page 18 of 80 21 19-12 TC ORD Page 9 of 10 INTRODUCED, READ, APPROVED AND ADOPTED, as amended by the Town 345 Council of the Town of Snowmass Village at Second Reading on November 18, 2019 346 upon the motion of Council Member _____, the second of Council Member _____ and 347 upon a vote of __ in favor and __ opposed. 348 349 TOWN OF SNOWMASS VILLAGE 350 351 352 ________________________________ 353 Markey Butler, Mayor 354 355 ATTEST: 356 357 ________________________________ 358 Rhonda B. Coxon, Town Clerk 359 360 361 362 APPROVED AS TO FORM: 363 364 ___________________________________ 365 John C. Dresser, Jr., Town Attorney 366 367 368 369 370 371 372 373 374 375 11-18-19 TC Packet Page 19 of 80 22 19-12 TC ORD Page 10 of 10 376 377 11-18-19 TC Packet Page 20 of 80 23 Rhonda Coxon From: Sent: To: Cc: Subject: Clint Kinney Tuesday, November 5, 2019 8:18 AM Alyssa Shenk; Bill Madsen; Bob Sirkus; Markey Butler;Tom Goode Rhonda Coxon A comment received from Reed Lewis Markey and the Council, Go ahead and ban flavored vape but please don't ban menthol cigarettes. You all have already changed the age to 2i.. Let an adult make an adult decision and stop adding to the overzealousness of local government. Thank you, Reed Lewis Daly Bottle Shop Sent from my iPhone 1 11-18-19 TC Packet Page 21 of 80 24 youthzone Connect and Grow Glenwood Springs 413 gth Street GWS, CO 81601 Ph 970-945-9300 Fx 970-945-8921 Rifle 136 E. 12th Street Flifle, CO 81650 Ph 970-625-3141 Fx 970-625-9532 "YottthZone helped me respect myself and understand that all my choices affect people." To the Town of Snowmass Village, YouthZone is writing this letter on behalf of our youth and in support of the ban of flavored tobacco products that the town of Snowmass Village is considering. YouthZone has spent the past 43 years supporting healthy behaviors in youth, supporting families in their efforts to keep their kids safe and then providing services when things don't go as planned. We also work with communities from Aspen to Parachute in creating cultures that support positive youth development, Our mission is to help create opportunities for all youth to be contributing members of their community and to restore their engagement with their families. As part of our work, we often see youth who struggle with addiction and how that addiction not only impacts them and their families, but also the incredible impact to their school and to the broader community. YouthZone believes that youth should be a critical focus for all tobacco control policies. Because most adult smokers report smoking onset before the age of 20 years, if one can reach adulthood without smoking, then the probability of smoking onset is greatly reduced. Each day in the U,S., 3,600 young people between ages 12 and L7 initiate cigarette smoking and L,100 young people become daily cigarette smokers. Flavors make cigarettes and other tobacco products more appealing to youth and can attract and allure kids into addiction. Studies show 17-year-old smokers are three times as likely to use these products as are those over 25, YouthZone believes strongly that when we create a cultural that supports healthy behaviors and does not minimize the impacts of all drug use, then we are truly making an impact on our youth and their families. Thank you for considering the ban on flavored tobacco products for the health of our children, Sincerely, Lori Mueller Executive Director YouthZone "serving families from Aspen to Parachute with offices in Aspen...Carbondale...Glenwood Springs...Rifle." L 11-18-19 TC Packet Page 22 of 80 25 SNOWMASS VILLAGE1 TOWN COUNCIL2 3 ORDINANCE NO. 124 SERIES OF 20195 6 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF SNOWMASS 7 VILLAGE, COLORADO, AMENDING CHAPTER 9 OF THE TOWN OF SNOWMASS 8 VILLAGE MUNICIPAL CODE BY ENACTING RESTRICTIONS ON THE SALE OF 9 FLAVORED TOBACCO PRODUCTS, INCLUDING MENTHOL, IN TOBACCO RETAIL 10 ESTABLISHMENTS WITH THE TOWN OF SNOWMASS VILLAGE11 12 13 WHEREAS, tobacco use among people under 18 years of age is increasing each14 day and more young people are becoming new regular tobacco users; and15 16 WHEREAS, studies show flavored tobacco products promote early initiation of 17 tobacco use by young people by reducing or masking the natural harshness and taste 18 of tobacco smoke and thereby increasing the appeal of tobacco products; and19 20 WHEREAS, menthol flavoring cools and numbs the throat to reduce throat 21 irritation and make the smoker feel smoother, making menthol cigarettes an appealing 22 option for youth who are initiating tobacco use; and 23 24 WHEREAS, flavorings such as mint and wintergreen in smokeless tobacco 25 products encourage new users to start with milder flavors and progress to more full-26 bodied, less flavored products; and27 28 WHEREAS, young people are much more likely than adults to use menthol-29 candy-and fruit-flavored tobacco products, including not just cigarettes but also cigars,30 cigarillos, and hookah tobacco; and31 32 WHEREAS, the Centers for Disease Control and Prevention has reported a more 33 than 800% increase in electronic cigarette use among middle school and high school 34 students between 2011 and 2015; and35 36 WHEREAS, nicotine solutions, which are consumed via electronic smoking 37 devices such as electronic cigarettes, are sold in a wide variety of youth-appealing 38 flavors, such as cotton candy and bubble gum; and39 40 WHEREAS, the Town Council finds that this ordinance furthers and is necessary 41 for the promotion of public health, safety, and welfare to reduce the appeal of tobacco to 42 youth and to reduce the likelihood that youth will become tobacco users by prohibiting 43 Tobacco Product Retailers from selling, offering for sale, or possessing with the intent to 44 sell, flavored tobacco products and electronic smoking devices and components 45 thereof.46 26 19-12 TC ORD Page 2 of 10 47 NOW THEREFORE, BE IT ORDAINED, by the Town Council of the Town of 48 Snowmass Village that the Snowmass Village Municipal Code is hereby amended by 49 adding Chapter 9, Article 2 which shall read as follows:50 51 Section 1. The foregoing recitals are hereby adopted as findings and 52 determinations of the Town Council.53 54 Section 2. Chapter 9, Article 2 of the Snowmass Village Municipal Code should 55 be amended by adding the language below:56 57 58 Sec. 9-35 Definitions59 60 A. “Characterizing Flavor” means a Distinguishable taste or aroma or both, 61 other than the taste or aroma of tobacco, imparted either prior to or during 62 consumption of a Tobacco Product or any byproduct produced by the 63 Tobacco Product. Characterizing flavors include, but are not limited to, tastes 64 or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, 65 dessert, alcoholic beverage, menthol, mint, wintergreen, herb, spice; provided 66 however, that a Tobacco Product shall not be determined to have a 67 characterizing flavor solely because of the use of additives or flavorings or the 68 provision of ingredient information. Rather, it is the presence of a 69 Distinguishable taste or aroma or both, as described in the first sentence of 70 this definition that constitutes a characterizing flavor.71 72 B. “Cigar” means any roll of tobacco other that a Cigarette wrapped entirely or 73 in part in tobacco or any other substance containing tobacco. For purposes 74 of this Chapter, cigar includes but is not limited to tobacco products known or 75 labeled as “cigar”, “cigarillo”, or “little cigar”.76 77 C. “Cigarette” means any product that contains tobacco or nicotine that is 78 intended to be burned or heated under ordinary conditions of use, and 79 consists of or contains:80 81 1.Any roll of tobacco wrapped in paper or in any substance not containing82 tobacco;83 2.Tobacco in any form that is functional in the product, which because of its 84 appearance, the type of tobacco used in the filter, or its packaging or 85 labeling, is likely to be offered to, or purchased by Consumers as a 86 cigarette; or87 3.Any roll of tobacco wrapped in any substance containing tobacco that, 88 because of its appearance, the type of tobacco used in the filler, or its 89 27 19-12 TC ORD Page 3 of 10 packaging and labeling, is likely to be offered to, or purchased by, 90 Consumer as a cigarette described above.91 4.the term includes all “roll-your-own”, i.e., any tobacco that, because of its 92 appearance, type, packaging, or labeling, is suitable for use and likely to 93 be offered to or purchased by Consumers as tobacco for making 94 cigarettes.95 96 D. “Constituent” means any ingredient, substance, chemical, or compound 97 other than tobacco, wat or reconstituted tobacco sheet that is added by the 98 manufacturer to a Tobacco Product during the processing, manufacture, or 99 packing of a Tobacco Product.100 101 E. “Consumer” means an individual who purchases a Tobacco Product or 102 Tobacco Paraphernalia for consumption and not for Sale to another.103 104 F. “Distinguishable” means perceivable by either the sense of smell or taste.105 106 G. “Electronic Smoking Device” means any product containing or delivering 107 nicotine intended for human consumption that can be used by an individual to 108 simulate smoking in the delivery of nicotine or any other substance, even if 109 marketed as nicotine-free, through inhalation from the produce. Electronic 110 smoking device includes any refill, cartridge or component part of a product, 111 whether marketed or sold separately. Electronic smoking device does not 112 include any product that had been approved or certified by the United States113 Food and Drug Administration for sale as a tobacco cessation product or for 114 other medically certified purposes.115 116 H. “Establishment” means any store, stand, booth, concession or any other 117 enterprise that Sells, offers for Sale, or does or offers to exchange for any 118 form of consideration, Tobacco Products or Tobacco Paraphernalia including, 119 but not limited to any retail location, stand, outlet, vehicle, cart, vending 120 machine, structure or any grounds where Tobacco Products and/or Tobacco 121 Paraphernalia are sold or offered for exchange.122 123 I. “Flavored Tobacco Product” means any Tobacco Product, including 124 Cigarettes, that contains a Constituent or that imparts a Characterizing 125 Flavor.126 127 J. “Ingredient” means any substance, chemical or compound, other than 128 tobacco, water or reconstituted tobacco sheet that is added by the 129 manufacturer to a tobacco product during the processing, manufacturing or 130 packing of the Tobacco Product.131 132 K. “Labeling” means written, printed, pictorial, or graphic matter upon any 133 Tobacco Product or any of its Packaging.134 28 19-12 TC ORD Page 4 of 10 135 L. “License” means a Tobacco Product Retail License.136 137 M. “Manufacturer” means a Person who, including any repacked or relabeled, 138 who manufacturers, fabricates, assembles, processed, or labels a Tobacco 139 Product; or imports as finished Tobacco Product for Sale or distribution into 140 the United States.141 142 N. “Packaging” means a pack, box, carton, or container of any kind or, if no 143 other container, any wrapping (including cellophane) in which a Tobacco 144 Product(s) is sold or offered for Sale to a Consumer.145 146 O. “Person”in this Chapter means any natural person, partnership, cooperative 147 association, corporation, limited liability company, personal representative, 148 receiver, trustee, assignee or other legal entity.149 150 P. “Sale or Sell” means any transfer, exchange, barter, gift, offer for sale, or 151 distribution for a commercial purpose, in any manner, for any form of 152 consideration or by any means.153 154 Q. “Tobacco Paraphernalia” means any item designed for the consumption, 155 use, or preparation of Tobacco Products.156 157 R. “Tobacco Product” means:158 159 1.any product which contains, is made or derived from tobacco or used to 160 deliver nicotine, synthetic nicotine or other substances intended for human 161 consumption, whether heated, chewed, absorbed, dissolved, inhaled, 162 snorted, sniffed or ingested by any other means, including, but not limited 163 to Cigarettes, Cigars, little Cigars, chewing tobacco, pipe tobacco, snuff, 164 bidis, snus, mints, hand gels; and165 2.an Electric Smoking Device or component thereof;166 3.notwithstanding any provision of subsections 1 and 2 above to the 167 contrary, “Tobacco Product” includes any component, part, accessory or 168 associated Tobacco Paraphernalia of a Tobacco Product whether sold 169 separately.170 4.The term “Tobacco Product” does not include171 a.any product that contains marijuana; and172 b.any product made form or derived from Tobacco and approved by the 173 Food and Drug Administration (FDA) for use in connection with 174 cessation of smoking.175 176 S. “Tobacco Product Retailer” means any person who engages in the Sale of 177 Tobacco Products or Flavored Tobacco Products directly to the public from 178 29 19-12 TC ORD Page 5 of 10 any store, stand, booth, concession, outlet, vehicle, cart vending machine, 179 structure or any grounds or any other entity, that Sells, offers for Sale, or 180 offers to exchange for any form of consideration.181 182 T. “Tobacco Product Retailing” means the act of selling, offering for sale or 183 exchanging or offering to exchange for any form of consideration, Tobacco 184 Products and or Flavored Tobacco Products.185 186 Sec. 9-36 Sale or distribution of flavored Tobacco Products Prohibited187 188 A.The sale or distribution by a Tobacco Product Retailer of a Flavored Tobacco 189 Product(s) is prohibited.190 191 B.A Tobacco Product Retailer, or any of the Tobacco Product Retailer’s agents, 192 or employees shall not sell, offer for sale or posses with the intent to sell 193 Flavored Tobacco Products(s).194 195 C.There shall be a rebuttable presumption that a Tobacco Product is presumed 196 to be a Flavored Tobacco Product if a Manufacturer’s agents or employees, in 197 the course of their agency or employment, had made a statement or claim 198 directed to Consumers or to the public that the Tobacco Product has or 199 produces a Characterizing Flavor, including but not limited to, text, color,200 and/or images on the product Labeling or Packaging that are used to explicitly 201 or implicitly communicate that the Tobacco Product has a Characterizing 202 Flavor.203 204 D.There shall be a rebuttable presumption that a Tobacco Product Retailer in 205 possession of four or more Flavored Tobacco Products, including but not 206 limited to individual Flavored Tobacco Products, packages of Flavored 207 Tobacco Products with the intent to Sell or offer said products for Sale.208 209 Sec. 9-37 Compliance Monitoring210 211 A.Enforcement of this Chapter shall be monitored by the Town of Snowmass 212 Village Police Department or designee, as the Snowmass Village Police 213 Department deems appropriate.214 215 B.All Tobacco Product Retailers shall be subject to a compliance check for 216 adherence to the provisions of this Chapter at least once a year with 217 violations being checked more frequently until two (2) consecutive check are 218 completed without a violation.219 220 Sec. 9-38 Suspension or revocation of License221 30 19-12 TC ORD Page 6 of 10 222 A.The following shall be grounds for suspension or revocations of the Licensee’s 223 License:224 225 1.A violation by a Licensee or Licensee’s officers, agents, or employee of 226 any of the provisions of this Article, or any laws of the United States, the 227 State of Colorado or ordinances of the Town of Snowmass Village relating 228 to the sale or furnishing of Flavored Tobacco Products.229 230 2.Violations of any conditions imposed by the Licensing Administrator or 231 Hearing Officer in connection with the issuance of renewal of a License. 232 233 3.Failure to pay State or local taxes that are related to the operation of the 234 business associated with the License.235 236 4.Loss of right to possession of the Licensed premises.237 238 5.Fraud, misrepresentation, or a false statement of material fact contained in 239 the original or renewal license application.240 241 242 B.The Town Manager shall appoint a Hearing Officer to hear all actions relating to 243 the suspension or revocation of Licenses pursuant to this Article. The Hearing 244 Officer shall have the authority to suspend, revoke, or impose remedial sanctions 245 for violations.246 247 C.The Licensing Administrator shall commence suspension or revocation 248 proceedings by petitioning the Hearing Officer to issue an order to the Licensee 249 to show cause why the Licensee’s License (s) should not be suspended or 250 revoked. The Hearing Officer shall issue such an order to show cause if the 251 petitions demonstrated that probable cause exists to determine that one or more 252 grounds exist pursuant to subsection (a) to suspend or revoke the Licensee’s 253 License. The order to show cause shall set the matter for a public hearing before 254 the Hearing Officer.255 256 D.Notice of the order to show cause and hearing date shall be mailed to Licensee 257 by regular mail, postage prepaid, at the address shown on the License no later 258 than thirty (30) days prior to the hearing date. Notice is deemed to have been 259 given properly given upon mailing.260 261 31 19-12 TC ORD Page 7 of 10 E.The notice to show cause hearing and any subsequent right to appeal shall be 262 conducted and controlled by the provisions of Rule 106 (a)(4), of the Colorado 263 Rules of Civil Procedure. The standard of proof at such hearings shall be a 264 265 preponderance of the evidence and burden of proof shall be upon the Licensing 266 Administrator.267 268 F.In determining whether a License should be suspended or revoked, and in 269 determining whether to impose conditions in the event of a suspension, the 270 Hearing Officer shall consider the following factors:271 272 1.The nature and circumstances of the violation;273 2.Corrective action, if any taken by the Licensee;274 3.Prior violations, if any by the Licensee;275 4.The likelihood of recurrence of the violation;276 5. Whether the violation was willful; and277 6. Previous sanctions, if any, imposed on the Licensee.278 279 Sec. 9-39 Penalties and fines.280 281 A. License Penalties and Fines. In addition to any other penalty authorized by 282 law, if the Town of Snowmass Village Municipal Court determines base on the 283 evidence, that a Tobacco Product Retail Licensee, or any of the Licensee’s 284 agents or employees, has violated any of the requirements, conditions, or 285 prohibitions of this Chapter, or had pleaded guilty, “no contest” or its equivalent, 286 or admitted to a violation of any law related to the Sales of Flavored Tobacco 287 Products the following penalties shall be imposed by the Court on the Licensee:288 289 1.Upon the first violation, a fine of $50.00;290 2.Upon the second violation a fine of $150.00;291 3.Upon the third violation a fine of $300.00;292 4.Upon the fourth violation summons any subsequent offense(s);293 5.Each day of violation constitutes a separate offense.294 295 296 B.A Proprietor is responsible for the actions of its agents and employees regarding 297 the sale of Tobacco Products. The illegal sale of any Flavored Tobacco Products 298 at the Proprietor’s Tobacco Product Retail Location shall result in the 299 assessment of a civil penalty to the Proprietor in the following amounts: 300 301 1.A Penalty Assessment in the amount of $1,000.00 for the 1st violation or a 302 summons with a fine up to $2,650.00;303 32 19-12 TC ORD Page 8 of 10 2.A Penalty Assessment in the amount of $1,500.00 for the 2nd second 304 violation or a summons with a fine up to $2,650.00;305 3.A Penalty Assessment in the amount of $2,000.00 for the 3rd third violation 306 and any subsequent violation(s) or a summons with a fine up to $2,650.00. A 307 conviction pursuant to Subsection (a) above shall constitute prima facie 308 evidence of a Proprietor’s violation of this Subsection.309 310 Sec. 9-40 Enforcement.311 312 A.The remedies provide by the Article are cumulative and in addition to any other 313 remedies available at law or in equity. In addition to other remedies provided in 314 this Article or by other law, any violation of the Article may be remedied by a civil 315 action brought by the Town Attorney, including but not limited to nuisance 316 abatement proceedings and injunctive relief.317 318 B.Causing, permitting, aiding, abetting, or concealing a violation of any provision of 319 this Article shall cause the offender to be subject to the penalties set forth herein 320 or in the Town of Snowmass Village Municipal Code.321 322 Sec. 9-41 Effective Date323 324 This Article shall become effective January 1, 2020 after First and Second Reading 325 approval by the Town Council of the Town of Snowmass Village.326 327 Section 3. This ordinance shall not affect any existing litigation and shall no 328 operate as an abatement of any action of proceeding now lending under or by virtue the 329 ordinances repealed or amended as herein provided, and the same shall be conducted 330 and concluded under such prior ordinances.331 332 Section 4. If any section, subsection, sentence, clause, phrase, or portion of this 333 ordinance is for any reason held invalid or unconstitutional in a court of competent 334 jurisdiction, such portion shall be deemed a separate, distinct and independent 335 provision and shall not affect the validity of the remaining portions thereof.336 337 338 INTRODUCED, READ, APPROVED AND ADOPTED, by the Town Council of the Town 339 of Snowmass Village at First Reading on November 04, 2019 upon the motion of 340 Council Member Shenk, the second of, Council Member Madsen and upon a vote of 3341 in favor and 2 opposed. Council Member Sirkus and Goode were opposed.342 343 344 33 19-12 TC ORD Page 9 of 10 INTRODUCED, READ, APPROVED AND ADOPTED, as amended by the Town 345 Council of the Town of Snowmass Village at Second Reading on November 18, 2019346 upon the motion of Council Member _____, the second of Council Member _____ and 347 upon a vote of __ in favor and __ opposed. 348 349 TOWN OF SNOWMASS VILLAGE350 351 352 ________________________________353 Markey Butler, Mayor354 355 ATTEST:356 357 ________________________________358 Rhonda B. Coxon, Town Clerk359 360 361 362 APPROVED AS TO FORM:363 364 ___________________________________365 John C. Dresser, Jr., Town Attorney366 367 368 369 370 371 372 373 374 375 34 19-12 TC ORD Page 10 of 10 376 377 35 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 18, 2019 AGENDA ITEM: Recommendation on an Existing Public Art piece to be re-located on the southeast wall of the Town Council Chambers. PRESENTED BY: Julie Ann Woods, FAICP/MLA, Community Development Director BACKGROUND: At the August 12, 2019 Town Council meeting with SAAB members, the SAAB suggested to Town Council that the Barbara Sorensen piece, “Peaks”, be dusted off from storage in the Town Hall garage and be installed on both sides of the Wood Road Bridge near the Roundabout. The Town Council suggested that SAAB review the idea and make a recommendation on the proposal. The SAAB met at a regular meeting on August 22nd and unanimously agreed to make a recommendation to Town Council to allow for the installation of the piece by a professional contractor. SAAB also wanted to have Staff reach out to Ms. Sorensen regarding the clean-up, configuration and installation of the tiles in the new location. During that call Ms. Sorensen indicated that the pieces would not hold up if placed on the bridge. She recommended that an interior location be found instead and that the pieces be professionally cleaned by a knowledgeable ceramics artist at Anderson Ranch. SAAB then met on October 24th and agreed that the best location would be on the blank wall above the original projector screen on the southeast wall. The piece would then be able to be viewed from both the Town Council Chambers and the Library above. The Arts Acquisition Policy adopted by Town Council on October 16, 2017 by Resolution No. 35, Series 2017 (Attachment A) specifically states “. . .Objects will be installed and displayed in accessible, visible locations in Town buildings, parks, gardens, on trails and walkways, near amenities and/or on public property. This Policy recognizes art in the public domain as an essential component of creating a vibrant community, stimulating economic viability and fostering connectivity and civic pride.” [emphasis added] 11-18-19 TC Packet Page 23 of 80 36 FINANCIAL IMPACT: The Town Council has already appropriate the $22,877.66 from escrow funds to go toward this installation cost. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Building A major component of community building is creating more community oriented spaces and gathering places. In addition, the Town needs to increase utilization of existing community spaces by programing them with community focused activities and exploring partnerships with organizations, such as Pitkin County Library, 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. This community building initiative should further include cultural activities including performing and visual arts. Finally, the Town needs to clearly define the Town Park project and complete a master plan design so that improvements can be set into motion for this community-oriented space. COUNCIL OPTIONS: 1. Approve the allocation of funds up to $2500 for the cleaning and re-installation of the Barbara Sorensen “Peaks” piece on the blank wall above the original projector screen on the southeast wall of Town Council Chambers; or 2. Turn down the recommended cleaning and placement and provide direction to the SAAB and Staff what location or alternative the Town Council prefers. STAFF RECOMMENDATION: Staff and the SAAB recommend Town Council approve of both the installation and (again) the funding for this piece. ATTACHMENTS: ATTACHMENT A Arts Acquisition Policy ATTACHMENT B Photo of “Peaks” as installed at the Silvertree Hotel (now the Westin) 11-18-19 TC Packet Page 24 of 80 37 1 Attachment A: Art Acquisition Policy with Appendices ART ACQUISITION POLICY Adopted by Town Council October 16, 2017 Explore + Connect + Be Inspired 11-18-19 TC Packet Page 25 of 80 38 2 TABLE OF CONTENTS 1. PURPOSE 2. VISION 3. POLICY GUIDELINES 4. PROCESS OF ART SOLICITATION 5. PUBLIC ART ACQUISITIONS a. Permanent Art Acquisitions b. Donations and Bequests c. Loans 6. ART ACQUISITION & SELECTION CRITERIA 1. Artistic Merit 2. Site 3. Installation 4. Financial Obligations 5. Time Allowances 6. Special Conditions 7. EXCEPTIONS TO THIS POLICY 8. REVISIONS TO THIS POLICY Appendix A Methods of Solicitation Appendix B Sample Call to Artists Appendix C Sample Artist Release Form Appendix D Sample Art Acquisition Application 11-18-19 TC Packet Page 26 of 80 39 3 1. PURPOSE To provide leadership in the support and development of arts and culture in the Town of Snowmass Village. To develop a body of art of cultural value that will enhance the community’s unique identity and result in the beautification of public spaces. This Policy provides guidelines for the acquisition, solicitation, commission, display and management of temporary and permanent artworks in the Town’s collection. It will be the duty of Snowmass Arts Advisory Board (SAAB) to advise the Town Council in connection with matters relating to public art development and to implement the Policy within the scope of the Arts Strategic Plan which provides a framework and working vision for the acquisition and exhibition of site specific objects of art and art happenings in specific Town locations. 2. VISION The Town of Snowmass Village is committed to achieving a dynamic collection of artworks of outstanding caliber and artistic merit that is recognized as an asset to the Town. Objects will be installed and displayed in accessible, visible locations in Town buildings, parks, gardens, on trails and walkways, near amenities and/or on public property. This Policy recognizes art in the public domain as an essential component of creating a vibrant community, stimulating economic viability and fostering connectivity and civic pride. The contemplation of temporary and permanent art installations throughout the Town will provide opportunites for art experience and give residents and visitors new ways to connect with one another and the environment. 3. POLICY GUIDELINES Artworks considered for acquisition and commission as well as art projects and programs initiated by SAAB will be evaluated according to the following guiding principles: • Acquisitions and programs must enhance the identity of a world-class resort destination and reflect and uphold values befitting a welcoming mountain community • Artwork must be deemed suitable for exhibition in public space • The collection will be without gender or ethnic bias and will strive to reflect the diversity of the local population and surrounding area • Preference may be given towards artists and/or artwork demonstrating a relevant connection to the Town and local area • Acquisitions and commissions will be considered in an ethical, accountable and transparent manner • The collection will illustrate a wide variety of media, philosophies and techniques • Programs and artwork will enhance the experience of public spaces and engage all ages and abilities 11-18-19 TC Packet Page 27 of 80 40 4 • Projects and programs will ideally foster connectivity between existing and proposed amenities • Should be appropriately placed in specific locations for largest visual and experiential impact 4. PROCESS OF ART SOLICITATION SAAB shall assume authority for decisions concerning the acquisition of public art as guided by the Policy guidelines and will make recommendations to Town Council on such acquisitions, whether the objects are donated/bequests, loans, rotational exhibits or commissions (through open competition, invitational competition or direct selection). The Board may determine and adopt a method of art solicitation best-suited for a project to create the desired outcome. See Appendix A Sample Call to Artists. Any form of art solicitation adopted by SAAB will be guided by review criteria for art acquisition as stated in this Policy, unless otherwise determined by SAAB or as directed by the Town Council. 5. PUBLIC ART ACQUISITIONS All Art Acquisitions In order for an artwork to be considered for acquisition as part of the Town’s collection, the potential artist, donor or representative is required to submit an application to SAAB addressing the Art Acquisition and Selection Criteria (see #6 below and Appendix D Art Acquisition Application). In making a determination on acquiring a piece of permanent artwork, SAAB may solicit public input from Snowmass Village residents and visitors. To this end, public education regarding the object under consideration should be promoted. This may include prominent online postings which provide an opportunity for public comment and community attendance at SAAB meetings no less than 14 days prior to the date of SAAB’s decision, photos or renderings of the proposed object, along with any available artist commentary and materials, at www.tosv.com. Additionally, relevant information may be distributed for publication in the local newspaper. Related SAAB meeting notices should also be published online and advertised to allow for public discussion and community feedback regarding the piece. SAAB may elect - but is under no obligation - to hear comments from “industry experts” in appropriate art and trade fields (such as architecture), experienced professionals from art entities, collection curators or artists or individuals who are not participating in the project under consideration. After reviewing the artist’s submissions, available public opinion and possibly expert commentary, as well as other related materials, SAAB will vote to make a recommendation to Town Council to: 1) request more information or, 2) accept the object for acquisition, or 3) decline the object for acquisition. 11-18-19 TC Packet Page 28 of 80 41 5 a. Donations and Bequests Artwork may be offered to the Town as a donation or bequest. At certain times, SAAB may also solicit donated art. Prior to being acquired by the Town, SAAB will evaluate the potential gift according to the review criteria set forth in this Policy and subject to the following: • The Town Council and SAAB are not obligated to accept gifts • Where artwork is offered to the Town as a gift, the object will be considered for the collection by SAAB under the guidelines and criteria set out in this Art Acquisition Policy as well as the framework of the Arts Strategic Plan with a recommendation to the Town Council • The display location may be recommended by SAAB to Town Council • A contract between the Town and the donor is required where both the donor’s and the Town’s responsibilities regarding the piece are stipulated • Conditions regarding site location, installation, public exhibition, ongoing conservation and maintenance requirements, valuation, responsibility for repairs of damage, as well as other matters may be deemed necessary and require approval by the Town Attorney b. Calls to Artists • The Town Council and SAAB are not obligated to accept solicited artwork through a Call to Artists • Where artwork is solicited by the Town, the object will be considered for the collection by SAAB under the guidelines and criteria set out in this Art Acquisition Policy as well as the framework of the Arts Strategic Plan with a recommendation to the Town Council • The display location may be recommended by SAAB to Town Council • A contract between the Town and the artist is required where both the artist’s and the Town’s responsibilities regarding the piece are stipulated • Conditions regarding site location, installation, public exhibition, ongoing conservation and maintenance requirements, valuation, responsibility for repairs of damage, as well as other matters may be deemed necessary and require approval by the Town Attorney 11-18-19 TC Packet Page 29 of 80 42 6 c. Loans SAAB may solicit and accept artwork and installations for temporary display as agreed with the donor, artist or representative. In many instances, site location will be pre-selected. With Town Council approval, the Board shall have discretion to accept art work on loan for a limited period of time, with the understanding that the object may be sold by the artist and/or relocated elsewhere in Town. 1. Short-Term Short-term artwork display and its installation is intended to be non-permanent, visually stimulating and create minimal financial impact. The object may be exhibited for a fixed duration, a season and/or a special event or competition. 2. Long-Term Long term loans include any artwork officially loaned to the Town for exhibition as stated and specified in an Agreement for Placement of Artwork. Details of payment, maintenance costs, liability, etc., must be described in a contract between the donor and Town. Long term loan art is generally considered to be on display for a minimum of twelve months. d. Rotational Exhibits Rotational art displays may be long or short-term, purchased or on loan. For example, sculptures may be displayed for a specific amount of time and then rotated to different locations and/or new objects may be introduced. 6. ART ACQUISITION & SELECTION CRITERIA Whether the Town acquires a gift or commissions an art object will be guided by the Policy acquisition criteria and SAAB’s professional expertise. Consideration of artwork submissions will be subject to the following review criteria: 1. Artistic Merit a. Artistic merit and technical competence of the artwork, including consideration of its artistic, social, geographical and/or historical significance (which may include a written description, drawings and/or maquette of the proposed artwork) b. Qualifications of the artist (which may include image of past work, resume, references, and published reviews) • Artists must have a sustained visual arts practice as well as demonstrated exhibition and/or collection history • Emerging artists will be considered where a strong professional potential is demonstrated c. Artworks will be intrinsically sound in condition as well as reasonably immune to deterioration in routine operations, display, packing and transporting d. Artists must demonstrate compatibility and relevance of the work of art within the context of Snowmass Village e. Artist must warrant originality and authenticity of the work of art (only original works or limited editions shall be considered) f. Artist/donor should articulate provenance (origin) of artwork 11-18-19 TC Packet Page 30 of 80 43 7 2. Site a. The object’s physical condition is excellent and is suitable to the proposed site with respect to its general social audience and physical environment b. Scale, form, content, color and design of the artwork in relation to the site (NOTE: Some neighborhoods/villages, such as Base Village, West Village and Snowmass Center may have specific design criteria or special conditions) c. Provide information on any ecological impact (e.g., percentage of Impervious cover) d. Address accessibility to the public, including persons with disabilities e. Provide details on any text components (i.e., signage and/or plaques) 3. Installation a. Consideration of site-specific requirements for installation (e.g., electricity, lighting, water and sewer easements, or other services) b. Desired method/process/system of installation c. Storage requirements, if any d. Maintenance requirements, both immediate and long term e. Safety standards related to installation f. Proposed timeline for the project 4. Financial Obligations a. All costs associated with fabrication and installation (including site preparation, name plaque design and unveiling/dedication event, if any) b. Source of funding and date funds are available. (Monies must be raised through private fundraising or town funding before the artwork may be fabricated) c. Estimated ongoing maintenance and conservation costs d. Statement of value of artwork for insurance purposes (i.e., artist's commission contract amount or professional written appraisal of existing artwork) e. Council must have sufficient resources to care for and safeguard the object to industry standards 5. Liability a. Susceptibility of the artwork(s) to normal wear and to vandalism b. Potential risk to the public c. Public access, if necessary, as well as compliance with ADA requirements d. Special insurance requirements 6. Timeliness a. Allowance of sufficient time for a complete review process to be conducted by SAAB, the Town and any other boards or neighborhood associations involved b. Timely and appropriate response from the artist, donor or representative to SAAB and staff requests for additional materials or information is required 11-18-19 TC Packet Page 31 of 80 44 8 7. Special Conditions a. Any conditions of the artwork imposed by the applicant b. Artwork that contains advertising or corporate logos will not be considered 7. EXCEPTIONS TO THIS POLICY Due to the unique nature of and methods for acquiring art, the Town Council, Town Manager and/or SAAB may, in certain cases, favor exceptions to this policy. Any exceptions should consider the guidelines and intent of this Policy and the Arts Strategic Plan framework. 8. REVISIONS TO THIS POLICY The Snowmass Arts Advisory Board shall regularly review this Policy and make recommendations for revision as needed to the Town Council for adoption. 11-18-19 TC Packet Page 32 of 80 45 9 Appendix A Methods of Solicitation 1. Open Competition An Open Competition is an art selection process based on criteria identified in a specific Call to Artists. Artists would submit their qualifications and credentials, along with other required materials, to SAAB in order to become eligible for the project. The Call to Artists or competition description provides detailed information about the project, including the type of installation expected, location for the artwork, technical requirements, audience for the project, budget, timing of submissions, prize (if any) for the winning submissions, etc. A sample Call to Artists is provided in Appendix B 2. Invitational Competition An Invitational Competition approaches a select group of artists to submit their qualifications and credentials to SAAB, along with other required materials as outlined in an invitation, to become eligible for a project. The invitation is constructed similarly to the Call to Artists, described above. 3. Direct Selection Direct Selection is when a specific artist is selected for a project. This process can be used when circumstances such as poor response to open competition, project timeline, community considerations and/or client demand occur. It will be up to the discretion of the SAAB to decide if Direct Selection is appropriate. If Direct Selection is chosen, the SAAB will be responsible for guiding the artist or piece selection based on the Review Criteria herein. 11-18-19 TC Packet Page 33 of 80 46 ATTACHMENT B “Peaks” as installed at the Silvertree (Westin) 11-18-19 TC Packet Page 34 of 80 47 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 18, 2019 AGENDA ITEM: Recommendation on the acceptance of a Public Art piece to be donated to the Town of Snowmass Village PRESENTED BY: Julie Ann Woods, FAICP/MLA, Community Development Director and SAAB members BACKGROUND: Former resident Susan Beckerman (now of NYC) offered to SAAB the donation of an outdoor sculpture by renown sculptor George Sherwood. Ms. Beckerman had the piece in her yard, but after selling her Snowmass home, offered the piece to SAAB as a donated piece of public art. The piece has been dismantled and is being stored by Ms. Beckerman until the Town makes a decision on the acceptance of the donated piece. Ms. Beckerman has completed the required Art Acquisition Application (Attachment B). At the October 24, 2019 SAAB meeting, the Board voted to recommend that the piece be accepted by the Town, though they did not determine the proper location for the installation of the piece. In the event the piece is not accepted by the Town and taken into its possession, Ms. Beckerman has indicated her intent to donate it to her alma mater. Some possible locations discussed by the SAAB include near Cathy Robinson Park, in the garden at the intersection of Owl and Brush Creek Roads, the garden at the entrance to Lot 3 across from the Stonebridge, or possibly at the new Transit Center area. Once a site is selected, the SAAB’s recommendation will again be presented to Town Council for their consideration. 11-18-19 TC Packet Page 35 of 80 48 The Arts Acquisition Policy adopted by Town Council on October 16, 2017 by Resolution No. 35, Series 2017 (Attachment A) specifically states “. . .Objects will be installed and displayed in accessible, visible locations in Town buildings, parks, gardens, on trails and walkways, near amenities and/or on public property. This Policy recognizes art in the public domain as an essential component of creating a vibrant community, stimulating economic viability and fostering connectivity and civic pride.” [emphasis added] For background, the artist, George Sherwood, is known as a kinetic and environmental sculptor (see Attachment C, a Wikipedia article about the artist). His larger pieces range in price from $50,000 to upwards of $100,000. The value of the proposed donated piece is unknown at this time. FINANCIAL IMPACT: There would be no cost to accept the donated piece of art. However, the contribution by the Town of Snowmass Village toward the installation of the piece is unknown, but could be expected to be approximately $5,000-$10,000. Until the final location for the piece is determined, installation costs remain a “best guess”. Once a site is selected and proposals for installation are solicited, Town Council will be asked to consider the funding for installation. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: Community Building A major component of community building is creating more community oriented spaces and gathering places. In addition, the Town needs to increase utilization of existing community spaces by programing them with community focused activities and exploring partnerships with organizations, such as Pitkin County Library, 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. This community building initiative should further include cultural activities including performing and visual arts. Finally, the Town needs to clearly define the Town Park project and complete a master plan design so that improvements can be set into motion for this community-oriented space. COUNCIL OPTIONS: 1. Approve the acceptance of the art piece and direct staff to work with Ms. Beckerman to secure the necessary VARA agreement and contract for acquisition and find a temporary location to store the piece; 2. Turn down the donation and provide direction to the SAAB and Staff what type of donated art Town Council prefers. 11-18-19 TC Packet Page 36 of 80 49 STAFF RECOMMENDATION: Staff is not making a recommendation on the proposed art, but the SAAB recommends that Town Council accept the donated piece of art for installation at a future-identified location. Town Staff will come back to the Town Council for review of the proposed location for the piece and approval of any fund allocation for the installation of the piece at a later date. ATTACHMENTS: EXHIBIT A Art Acquisition Policy EXHIBIT B Art Acquisition Application by Susan Beckerman EXHIBIT C Wikipedia info on George Sherwood, Sculptor EXHIBIT D Video link of proposed donated piece in motion 11-18-19 TC Packet Page 37 of 80 50 1 Attachment A: Art Acquisition Policy with Appendices ART ACQUISITION POLICY Adopted by Town Council October 16, 2017 Explore + Connect + Be Inspired 11-18-19 TC Packet Page 38 of 80 51 2 TABLE OF CONTENTS 1. PURPOSE 2. VISION 3. POLICY GUIDELINES 4. PROCESS OF ART SOLICITATION 5. PUBLIC ART ACQUISITIONS a. Permanent Art Acquisitions b. Donations and Bequests c. Loans 6. ART ACQUISITION & SELECTION CRITERIA 1. Artistic Merit 2. Site 3. Installation 4. Financial Obligations 5. Time Allowances 6. Special Conditions 7. EXCEPTIONS TO THIS POLICY 8. REVISIONS TO THIS POLICY Appendix A Methods of Solicitation Appendix B Sample Call to Artists Appendix C Sample Artist Release Form Appendix D Sample Art Acquisition Application 11-18-19 TC Packet Page 39 of 80 52 3 1. PURPOSE To provide leadership in the support and development of arts and culture in the Town of Snowmass Village. To develop a body of art of cultural value that will enhance the community’s unique identity and result in the beautification of public spaces. This Policy provides guidelines for the acquisition, solicitation, commission, display and management of temporary and permanent artworks in the Town’s collection. It will be the duty of Snowmass Arts Advisory Board (SAAB) to advise the Town Council in connection with matters relating to public art development and to implement the Policy within the scope of the Arts Strategic Plan which provides a framework and working vision for the acquisition and exhibition of site specific objects of art and art happenings in specific Town locations. 2. VISION The Town of Snowmass Village is committed to achieving a dynamic collection of artworks of outstanding caliber and artistic merit that is recognized as an asset to the Town. Objects will be installed and displayed in accessible, visible locations in Town buildings, parks, gardens, on trails and walkways, near amenities and/or on public property. This Policy recognizes art in the public domain as an essential component of creating a vibrant community, stimulating economic viability and fostering connectivity and civic pride. The contemplation of temporary and permanent art installations throughout the Town will provide opportunites for art experience and give residents and visitors new ways to connect with one another and the environment. 3. POLICY GUIDELINES Artworks considered for acquisition and commission as well as art projects and programs initiated by SAAB will be evaluated according to the following guiding principles: • Acquisitions and programs must enhance the identity of a world-class resort destination and reflect and uphold values befitting a welcoming mountain community • Artwork must be deemed suitable for exhibition in public space • The collection will be without gender or ethnic bias and will strive to reflect the diversity of the local population and surrounding area • Preference may be given towards artists and/or artwork demonstrating a relevant connection to the Town and local area • Acquisitions and commissions will be considered in an ethical, accountable and transparent manner • The collection will illustrate a wide variety of media, philosophies and techniques • Programs and artwork will enhance the experience of public spaces and engage all ages and abilities 11-18-19 TC Packet Page 40 of 80 53 4 • Projects and programs will ideally foster connectivity between existing and proposed amenities • Should be appropriately placed in specific locations for largest visual and experiential impact 4. PROCESS OF ART SOLICITATION SAAB shall assume authority for decisions concerning the acquisition of public art as guided by the Policy guidelines and will make recommendations to Town Council on such acquisitions, whether the objects are donated/bequests, loans, rotational exhibits or commissions (through open competition, invitational competition or direct selection). The Board may determine and adopt a method of art solicitation best-suited for a project to create the desired outcome. See Appendix A Sample Call to Artists. Any form of art solicitation adopted by SAAB will be guided by review criteria for art acquisition as stated in this Policy, unless otherwise determined by SAAB or as directed by the Town Council. 5. PUBLIC ART ACQUISITIONS All Art Acquisitions In order for an artwork to be considered for acquisition as part of the Town’s collection, the potential artist, donor or representative is required to submit an application to SAAB addressing the Art Acquisition and Selection Criteria (see #6 below and Appendix D Art Acquisition Application). In making a determination on acquiring a piece of permanent artwork, SAAB may solicit public input from Snowmass Village residents and visitors. To this end, public education regarding the object under consideration should be promoted. This may include prominent online postings which provide an opportunity for public comment and community attendance at SAAB meetings no less than 14 days prior to the date of SAAB’s decision, photos or renderings of the proposed object, along with any available artist commentary and materials, at www.tosv.com. Additionally, relevant information may be distributed for publication in the local newspaper. Related SAAB meeting notices should also be published online and advertised to allow for public discussion and community feedback regarding the piece. SAAB may elect - but is under no obligation - to hear comments from “industry experts” in appropriate art and trade fields (such as architecture), experienced professionals from art entities, collection curators or artists or individuals who are not participating in the project under consideration. After reviewing the artist’s submissions, available public opinion and possibly expert commentary, as well as other related materials, SAAB will vote to make a recommendation to Town Council to: 1) request more information or, 2) accept the object for acquisition, or 3) decline the object for acquisition. 11-18-19 TC Packet Page 41 of 80 54 5 a. Donations and Bequests Artwork may be offered to the Town as a donation or bequest. At certain times, SAAB may also solicit donated art. Prior to being acquired by the Town, SAAB will evaluate the potential gift according to the review criteria set forth in this Policy and subject to the following: • The Town Council and SAAB are not obligated to accept gifts • Where artwork is offered to the Town as a gift, the object will be considered for the collection by SAAB under the guidelines and criteria set out in this Art Acquisition Policy as well as the framework of the Arts Strategic Plan with a recommendation to the Town Council • The display location may be recommended by SAAB to Town Council • A contract between the Town and the donor is required where both the donor’s and the Town’s responsibilities regarding the piece are stipulated • Conditions regarding site location, installation, public exhibition, ongoing conservation and maintenance requirements, valuation, responsibility for repairs of damage, as well as other matters may be deemed necessary and require approval by the Town Attorney b. Calls to Artists • The Town Council and SAAB are not obligated to accept solicited artwork through a Call to Artists • Where artwork is solicited by the Town, the object will be considered for the collection by SAAB under the guidelines and criteria set out in this Art Acquisition Policy as well as the framework of the Arts Strategic Plan with a recommendation to the Town Council • The display location may be recommended by SAAB to Town Council • A contract between the Town and the artist is required where both the artist’s and the Town’s responsibilities regarding the piece are stipulated • Conditions regarding site location, installation, public exhibition, ongoing conservation and maintenance requirements, valuation, responsibility for repairs of damage, as well as other matters may be deemed necessary and require approval by the Town Attorney 11-18-19 TC Packet Page 42 of 80 55 6 c. Loans SAAB may solicit and accept artwork and installations for temporary display as agreed with the donor, artist or representative. In many instances, site location will be pre-selected. With Town Council approval, the Board shall have discretion to accept art work on loan for a limited period of time, with the understanding that the object may be sold by the artist and/or relocated elsewhere in Town. 1. Short-Term Short-term artwork display and its installation is intended to be non-permanent, visually stimulating and create minimal financial impact. The object may be exhibited for a fixed duration, a season and/or a special event or competition. 2. Long-Term Long term loans include any artwork officially loaned to the Town for exhibition as stated and specified in an Agreement for Placement of Artwork. Details of payment, maintenance costs, liability, etc., must be described in a contract between the donor and Town. Long term loan art is generally considered to be on display for a minimum of twelve months. d. Rotational Exhibits Rotational art displays may be long or short-term, purchased or on loan. For example, sculptures may be displayed for a specific amount of time and then rotated to different locations and/or new objects may be introduced. 6. ART ACQUISITION & SELECTION CRITERIA Whether the Town acquires a gift or commissions an art object will be guided by the Policy acquisition criteria and SAAB’s professional expertise. Consideration of artwork submissions will be subject to the following review criteria: 1. Artistic Merit a. Artistic merit and technical competence of the artwork, including consideration of its artistic, social, geographical and/or historical significance (which may include a written description, drawings and/or maquette of the proposed artwork) b. Qualifications of the artist (which may include image of past work, resume, references, and published reviews) • Artists must have a sustained visual arts practice as well as demonstrated exhibition and/or collection history • Emerging artists will be considered where a strong professional potential is demonstrated c. Artworks will be intrinsically sound in condition as well as reasonably immune to deterioration in routine operations, display, packing and transporting d. Artists must demonstrate compatibility and relevance of the work of art within the context of Snowmass Village e. Artist must warrant originality and authenticity of the work of art (only original works or limited editions shall be considered) f. Artist/donor should articulate provenance (origin) of artwork 11-18-19 TC Packet Page 43 of 80 56 7 2. Site a. The object’s physical condition is excellent and is suitable to the proposed site with respect to its general social audience and physical environment b. Scale, form, content, color and design of the artwork in relation to the site (NOTE: Some neighborhoods/villages, such as Base Village, West Village and Snowmass Center may have specific design criteria or special conditions) c. Provide information on any ecological impact (e.g., percentage of Impervious cover) d. Address accessibility to the public, including persons with disabilities e. Provide details on any text components (i.e., signage and/or plaques) 3. Installation a. Consideration of site-specific requirements for installation (e.g., electricity, lighting, water and sewer easements, or other services) b. Desired method/process/system of installation c. Storage requirements, if any d. Maintenance requirements, both immediate and long term e. Safety standards related to installation f. Proposed timeline for the project 4. Financial Obligations a. All costs associated with fabrication and installation (including site preparation, name plaque design and unveiling/dedication event, if any) b. Source of funding and date funds are available. (Monies must be raised through private fundraising or town funding before the artwork may be fabricated) c. Estimated ongoing maintenance and conservation costs d. Statement of value of artwork for insurance purposes (i.e., artist's commission contract amount or professional written appraisal of existing artwork) e. Council must have sufficient resources to care for and safeguard the object to industry standards 5. Liability a. Susceptibility of the artwork(s) to normal wear and to vandalism b. Potential risk to the public c. Public access, if necessary, as well as compliance with ADA requirements d. Special insurance requirements 6. Timeliness a. Allowance of sufficient time for a complete review process to be conducted by SAAB, the Town and any other boards or neighborhood associations involved b. Timely and appropriate response from the artist, donor or representative to SAAB and staff requests for additional materials or information is required 11-18-19 TC Packet Page 44 of 80 57 8 7. Special Conditions a. Any conditions of the artwork imposed by the applicant b. Artwork that contains advertising or corporate logos will not be considered 7. EXCEPTIONS TO THIS POLICY Due to the unique nature of and methods for acquiring art, the Town Council, Town Manager and/or SAAB may, in certain cases, favor exceptions to this policy. Any exceptions should consider the guidelines and intent of this Policy and the Arts Strategic Plan framework. 8. REVISIONS TO THIS POLICY The Snowmass Arts Advisory Board shall regularly review this Policy and make recommendations for revision as needed to the Town Council for adoption. 11-18-19 TC Packet Page 45 of 80 58 9 Appendix A Methods of Solicitation 1. Open Competition An Open Competition is an art selection process based on criteria identified in a specific Call to Artists. Artists would submit their qualifications and credentials, along with other required materials, to SAAB in order to become eligible for the project. The Call to Artists or competition description provides detailed information about the project, including the type of installation expected, location for the artwork, technical requirements, audience for the project, budget, timing of submissions, prize (if any) for the winning submissions, etc. A sample Call to Artists is provided in Appendix B 2. Invitational Competition An Invitational Competition approaches a select group of artists to submit their qualifications and credentials to SAAB, along with other required materials as outlined in an invitation, to become eligible for a project. The invitation is constructed similarly to the Call to Artists, described above. 3. Direct Selection Direct Selection is when a specific artist is selected for a project. This process can be used when circumstances such as poor response to open competition, project timeline, community considerations and/or client demand occur. It will be up to the discretion of the SAAB to decide if Direct Selection is appropriate. If Direct Selection is chosen, the SAAB will be responsible for guiding the artist or piece selection based on the Review Criteria herein. 11-18-19 TC Packet Page 46 of 80 59 Page 1 of 3 ART ACQUISITION APPLICATION Note: Applications should be submitted electronically only, preferably as a single pdf file, to cford@tosv.com For more information, contact Julie Ann Woods, FAICP/MLA, Community Development Director at 970-923-2254 x 637 Artist’s Name _________________________________________ Today’s Date _______________________________ Mailing Address __________________________________________________________________________________ E-mail Address _______________________________________ Telephone __________________________________ Proposed Location for Artwork _______________________________________________________________________ SELECT ACQUISITION TYPE Permanent Art Acquisitions Donations and Bequests Loans (select term) Short-Term Long-Term Please attach a narrative including the following criteria: --Artist’s bio and qualifications --A description of the art itself and why it would be a good addition to Snowmass Village, its appropriateness for Snowmass Village, etc. (500-word max). --Up to five photos of the sculpture if it already exists, or scaled renderings of the proposed art piece if it does not exist. Submit PDF format, resulting in the best image quality where the total file size remains under 10MB. Label photos and/or other attachments with your name, not the name of the project. For example: Jones.John_photo1of5.pdf. --The weight and dimensions of the sculpture --A list of the materials used --An explanation of what is required to install the piece and how the artist will transport it to its designated placement (keep in mind that vehicles and heavy equipment cannot be used in some locations). --A maintenance schedule if needed 11-18-19 TC Packet Page 47 of 80 60 Page 2 of 3 Note: The Selection Committee reserves the right to select as many or few pieces within the given budget or reject any or all submissions if it feels the proposals do not meet their goals and expectations for the project. After reviewing the artist’s submissions, available public opinion and possibly expert commentary, as well as other related materials, SAAB will vote to make a recommendation to Town Council to: 1) request more information or, 2) request acceptance of the object for acquisition, or 3) decline the object for acquisition. This will necessitate Town Staff scheduling a time on a regular Town Council Agenda for consideration and approval or disapproval. SELECTION CRITERIA Whether the Town acquires a gift or commissions an art object will be guided by the Policy acquisition criteria and SAAB’s professional expertise. Consideration of artwork submissions will be subject to the following review criteria: 1. Artistic Merit a. Artistic merit and technical competence of the artwork, including consideration of its artistic, social, geographical and/or historical significance (which may include a written description, drawings and/or maquette of the proposed artwork) b. Qualifications of the artist (which may include image of past work, resume, references, and published reviews) • Artists must have a sustained visual arts practice as well as demonstrated exhibition and/or collection history • Emerging artists will be considered where a strong professional potential is demonstrated c. Artworks will be intrinsically sound in condition as well as reasonably immune to deterioration in routine operations, display, packing and transporting d. Must demonstrate compatibility and relevance of the work of art within the context of Snowmass Village e. Warranty of originality and authenticity of the work of art (only original works or limited editions shall be considered) f. Provenance (origin) of existing artwork 2. Site a. The object’s physical condition is excellent and is suitable to the proposed site with respect to its general social audience and physical environment b. Scale, form, content, color and design of the artwork in relation to the site (NOTE: Some neighborhoods/villages, such as Base Village, West Village and Snowmass Center may have specific design criteria or special conditions) c. Ecological impact (e.g., percentage of Impervious cover) d. Accessibility to the public, including persons with disabilities e. Text components (i.e., signage and/or plaques) 3. Installation a. Site-specific requirements for installation (e.g., electricity, lighting, water and sewer easements, or other services) b. Desired method/process/system c. Storage requirements, if any d. Maintenance requirements, both immediate and long term e. Safety standards f. Proposed timeline for the project 4. Financial Obligations 11-18-19 TC Packet Page 48 of 80 61 Page 3 of 3 a. All costs associated with fabrication and installation (including site preparation, name plaque design and unveiling/dedication event, if any) b. Source of funding and date funds are available. (Monies must be raised through private fundraising or town funding before the artwork may be fabricated) c. Estimated ongoing maintenance and conservation costs d. Statement of value of artwork for insurance purposes (i.e., artist's commission contract amount or professional written appraisal of existing artwork) e. Council must have sufficient resources to care for and safeguard the object to industry standards 5. Liability a. Susceptibility of the artwork(s) to normal wear and to vandalism b. Potential risk to the public c. Public access, if necessary, as well as compliance with ADA requirements d. Special insurance requirements 6. Timeliness a. Allowance of sufficient time for a complete review process to be conducted by SAAB, the Town and any other boards or neighborhood associations involved b. Timely and appropriate response from the artist, donor or representative to SAAB and staff requests for additional materials or information is required 7. Special Conditions a. Any conditions of the artwork imposed by the applicant b. Artwork that contains advertising or corporate logos will not be considered 11-18-19 TC Packet Page 49 of 80 62 11-18-19 TC Packet Page 50 of 80 63 ATTACHMENT D George Sherwood Sculpture Video Link IMG_2440_video.MOV 11-18-19 TC Packet Page 51 of 80 64 Town of Snowmass Village Agenda Item Summary DATE OF MEETING: November 18, 2019 AGENDA ITEM: Continued Discussion on Mall Transit Station PRESENTED BY: David Peckler, Transportation Director BACKGROUND: Staff provided Council with an update on the Mall Transit Station design work on August 19, 2019. At that meeting the Council approved the conceptual design with a 5 – 0 vote. At a meeting on October 10, 7 2019 the Council viewed story poles on site and discussed the design of the project. Reservations were expressed concerning: mass and scale, cost, redundant facilities (Stations at the Mall, Base Village and Snowmass Center), and the way finding/congestion in Mall area. Staff would like to engage S.E.H. to continue the study of alternatives with rough cost projections. S.E.H would continue their evaluation and further investigate the options of relocating the connector road to get it out from under the structure and the possibility of shrinking the pad as much as possible while still accommodating the transit demand. The current design elements for this project remain: • Combine the RFTA and Village Shuttle terminals in one location that is at the Mall level; • Provide the Village Shuttle with six shuttle bays and RFTA with four bus bays from which the vehicles can operate as independently as possible; • Accommodate the RFTA MCI vehicles that have a minimum turning radius of 48.4’; • Replace any displaced parking; • Remain as close to a $8,000,000 construction budget as possible; • Improve the passengers’ waiting experience; • Manage the pedestrian access to the loading platforms to address the pedestrian interface with bus traffic; 11-18-19 TC Packet Page 52 of 80 65 • Provide for pedestrian access to the Mall from Upper Brush Creek Road.; • Provide public restrooms, information center, and bus driver breakroom; • Address ADA access to the transit station and public parking area In our continued conversation with S.E.H. staff would like to engage them to look at alternatives that will address the issues that have been raised. Any input, in addition to what is outlined, from Council would be appreciated so that the consultant can make this additional design work as efficient as possible. The additional design elements for what will (likely) be referred to as Option 5 are: • Work to determine if Carriage Way can be effectively re-aligned to not go underneath the structure, potentially using lot 4 or 5 for the road way. • Work to keep the height of the structure as low as possible so that the views from Carriage way and adjacent properties are as unobstructed as possible. • Work to keep the overall size of the deck as limited/small as possible while still allowing for the necessary bays, turning movements and any necessary future proofing. • Ensure a sizeable landscape strip on the north side (downhill side) of the structure is included to allow for natural screening • Ensure adequate pedestrian connection to Brush Creek Road • Ensure the intersection of Carriage Way and Daly Lane functions well for deliveries and other commercial functions. The Probable Cost estimate in the feasibility study was made with input from a company which has experience on projects in our area. For the currently agreed upon design (Option 4) the cost estimate is $8,711,035. It is expected that changes to elements like the roadway will likely add to the project cost. S.E.H. will attempt to use rough cost estimates to project any additional impacts from design changes for this new option. Attached is the report Town of Snowmass Village Mall Transit Station Feasibility Study from our consultant Short Elliot Hendrickson, Inc (S.E.H.) covering: the design criteria, the public input, the information gathered from strategic partners, the preferred option to date, a rough cost estimate, and project schedule. The report presents the latest design (Option 4) that covers most of the criteria and input received on the project; while attempting to stay close to the proposed budget of roughly $8 million. Also attached is the last design of the Mall Transit Station back in 2001 that was called Q2. The Q2 design drawing and a conceptual graphic of the design are attached for your review. If you have any questions, staff will attempt to address them at the meeting. 11-18-19 TC Packet Page 53 of 80 66 FINANCIAL IMPACT: The $50,000 of design work to date has been funded by the Elected Officials Transportation Committee (EOTC). The rough cost estimate of the preferred option is $8.711 million. Roughly $6 million remains in funding from the Elected Officials Transportation Committee (EOTC) for the project. RFTA has proposed to contribute $500,000 and construction management to the project as well. Staff has been discussing grant possibilities with the State. APPLICABILITY TO COUNCIL GOALS & OBJECTIVES: The project is consistent with the transportation goals in the Comprehensive Plan. COUNCIL OPTIONS: 1. Direct staff to move to further design on the approved Option #4 2. Direct staff to have an Option #5 created so that it can be evaluated by the Council STAFF RECOMMENDATION: It is the recommendation of Town Staff that the Council direct staff to prepare an “Option 5” using the criteria in the staff report. Once created, bring Option #5 back to the Council for review and direction on the project. ATTACHMENTS: 5.A. 1 Town of Snowmass Village Mall Transit Station Feasibility Study 5.A. 3 2000 Alternative Q2 Design 5.A. 2 Image of Design Q2 11-18-19 TC Packet Page 54 of 80 67 08/23/2019 TOWN OF SNOWMASS VILLAGEMALL TRANSIT STATION FEASIBILITY STUDY Mall Transit Station Redevelopment 11-18-19 TC Packet Page 55 of 80 68 EXECUTIVE SUMMARY PROJECT BACKGROUND + GOALS 01 Town of Snowmass Village Feasibility Study11-18-19 TC Packet Page 56 of 80 69 PROJECT GOALS The primary project goal is to design a new station and bus platform that incorporates the desired number of RFTA and TOSV loading/unloading stops. The stops should consider current & potential future bus sizes, limiting pedestrian traffic & bus conflicts, and should also have separation from public vehicular traffic with bus only access to the platform. The new transit station is to provide new driver facilities, public information and public restrooms located adjacent to the bus loading/unloading areas. The lower parking level is to replace the existing Lot 6 surface parking lot capacity while including pedestrian and freight elevator access to Mall level above. Delivery vehicle parking and public Kiss & Ride accommodations should also be included within the lower level, with clear access to and from elevators. CONCEPT EVOLUTION The design team, SEH & DHM Design, together with TOSV and other stakeholders, began the process with establishing the primary goals stated above. From there, design iterations and options were created for discussion and review by the Town of Snowmass Village Staff & Bus Operations, RFTA and Mall Owners. The Initial Concept Plans included three design options for both the Upper Level (Mall Level) and Lower Level (Parking Level). The team evaluated bus circulation, loading/unloading, as well as evaluated pedestrian circulation and how it interacted with the transit station, bus platform and bus operations. This also included the study of pedestrian wayfinding nodes, circulation routes, gathering zones and planting areas. The initial three options were developed through several stakeholder design workshops and were also introduced during a TOSV Public Open House, in which feedback from the public was incorporated into the preferred design option. PREFERRED DESIGN OPTION The Preferred Design Option derived from a combination of several components of the initial PROJECT BACKGROUND The Town of Snowmass Village (TOSV), along with other local stakeholders, are interested in redeveloping and revitalizing the existing Snowmass Mall Transit Station. The current facility provides the Roaring Fork Transportation Authority (RFTA) two loading/unloading bus stops as well as two staging, which are utilized as loading/unloading during peak season due to necessity. These are primary regional routes providing transportation to Glenwood Springs and Aspen, with an additional local route to the nearby Intercept Lot located on SH 82. The Town of Snowmass Village Shuttle currently loads/unloads north of the Mall on Daly Lane. The separation of the two transit facilities is less than ideal and both introduce public vehicular traffic among the bus traffic and have sporadic pedestrian crossing interaction with the bus. This Mall Transit Station Feasibility Study had established a collaborative vision to redevelop these existing facilities into a singular loading/unloading platform for both RFTA and TOSV, independent of public vehicle traffic and limited pedestrian and bus interaction. concepts. These key features are elements the design team and stakeholders believe to be necessities to the project and reflect the primary goals set forth at the beginning of the Feasibility Study. KEY FEATURES • Clear Pedestrian Circulation Paths • Minimize Bus & Pedestrian Circulation • Enhance Mall Entry/Approach • “At Grade” access to Mall from Bus Platform • (12) Bus & Shuttle Bays w/ Flexible Bay Sizes • Clear identification of Local vs Regional Bus Routes • (54) Parking Spaces Min. • Overall Massing & Scale FINAL STEPS The Preferred Design Option incorporates these elements and is to be used as a basis of design moving forward. Additional design details and material selections will need to be provided and reviewed by TOSV and stakeholders during final design. Mall Transit Station Redevelopment 0211-18-19 TC Packet Page 57 of 80 70 OPTION 1 SINGLE PLATFORM OPTION 2 MULTIPLE PLATFORM OPTION 3 PERIMETER PLATFORM OPTION 2UPPER LEVEL Bus Operations • THREE BUS PLATFORMS • (6) TOSV SHUTTLE LOADING/UNLOADING • (4) RFTA BUS LOADING/UNLOADING Transit Station • 42,500 SF TRANSIT PLATFORM • 2,600 SF COMBINED TRANSIT STATION • DRIVER LOUNGE • RFTA DISPATCH • SKIER SERVICES • PUBLIC RESTROOMS Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • DIRECT UPPER/LOWER MALL ACCESS | ELEVATOR | STAIR | MALL ACCESS | MALL ACCESS | TRANSIT STATION | SNOW REMOVAL STORAGE | ACCESS TO LOWER CARRIAGE WAY | EXISTING PARKING TO REMAIN | EXISTING PARKING TO REMAIN | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D RFTA BUSTOSV BUS | DALY LANEMall Transit Station Redevelopment 1211 Town of Snowmass Village Feasibility Study OPTION 1UPPER LEVEL Bus Operations • SINGLE BUS PLATFORM • (5) TOSV SHUTTLE LOADING/UNLOADING • (2) TOSV SHUTTLE STAGING • (3) RFTA BUS LOADING/UNLOADING • (2) RFTA BUS STAGING Transit Station • 40,800 SF TRANSIT PLATFORM • 2,600 SF COMBINED TRANSIT STATION • DRIVER LOUNGE • RFTA DISPATCH • SKIER SERVICES • PUBLIC RESTROOMS Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • DIRECT UPPER/LOWER MALL ACCESS | ELEVATOR & STAIR | MALL ACCESS | MALL ACCESS | TRANSIT STATION | SNOW REMOVAL STORAGE | ACCESS TO LOWER CARRIAGE WAY | EXISTING PARKING TO REMAIN | EXISTING PARKING TO REMAIN | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D | DALY LANERFTA BUS TOSV BUS Mall Transit Station Redevelopment 43 Town of Snowmass Village Feasibility Study | MECH/ELEC | DELIVERY VEHICLE PARKING | SNOW REMOVAL STORAGE | ACCESS TO BRUSH CREEK RD | EXISTING PARKING TO REMAIN | ELEVATOR | STAIR | DALY LANE13 Town of Snowmass Village Feasibility Study | DELIVERY VEHICLE PARKING | DELIVERY VEHICLE PARKING | SNOW REMOVAL STORAGE | ACCESS TO BRUSH CREEK RD | EXISTING PARKING TO REMAIN | DALY LANE | ELEVATOR & STAIR | STORAGE 21 Town of Snowmass Village Feasibility Study | ELEVATOR & STAIR | MECH/ELEC | KISS-N-RIDE | DELIVERY VEHICLE PARKING | SNOW REMOVAL STORAGE | ACCESS TO BRUSH CREEK RD | EXISTING PARKING TO REMAIN | DALY LANE5 Town of Snowmass Village Feasibility Study OPTION 3UPPER LEVEL Bus Operations • PERIMETER PEDESTRIAN CIRCULATION • (5) TOSV SHUTTLE LOADING/UNLOADING • (2) TOSV SHUTTLE STAGING • (3) RFTA BUS LOADING/UNLOADING • (2) RFTA BUS STAGING Transit Station • 42,300 SF TRANSIT PLATFORM • 1,800 SF TRANSIT STATION • SKIER SERVICES • PUBLIC RESTROOMS • 800 SF RFTA/TOSV • DRIVER LOUNGE • RFTA DISPATCH Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • DIRECT UPPER/LOWER MALL ACCESS | MALL ACCESS | MALL ACCESS | SNOW REMOVAL STORAGE | ACCESS TO LOWER CARRIAGE WAY | EXISTING PARKING TO REMAIN | EXISTING PARKING TO REMAIN | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D RFTA BUS TOSV BUS | TRANSIT STATION | RFTA/TOSV | DALY LANE | ELEVATOR & STAIR Mall Transit Station Redevelopment 2019 Town of Snowmass Village Feasibility Study LOWER LEVEL LOWER LEVEL LOWER LEVEL UPPER LEVEL UPPER LEVEL UPPER LEVEL 03 Town of Snowmass Village Feasibility Study11-18-19 TC Packet Page 58 of 80 71 PROGRAM REQUIREMENTS PARKING + TRANSIT STATION + PLATFORM Mall Transit Station Redevelopment 0411-18-19 TC Packet Page 59 of 80 72 Programed Space Quantity Area (sq. ft.)Total (sq. ft.)Parking GarageParking Space 59 162 9,558 Van Parking Space 1 198 198 Drive Circulation 47%8,800 Delivery Vehicle Parking 1 900 900 Kiss & Ride Parking 5 300 1,500 Daily Lane Connection 1 7,555 7,555 Mechanical/Electrical 1 1,450 1,450 Pedestrian Circulation 1 9,000 9,000 Elevator/Stairs 4 260 1,040 Parking Garage Total 40,000 Transit StationDriver Breakroom 1 500 500 Staff Toilet 2 64 128 Skier Services 1 200 200 Janitor 1 100 100 Public Restroom (Men’s & Women’s)1 640 640 Storage 1 100 100 Circulation 17%332 Transit Station Total 2,000 Bus PlatformTransit Station Platform 1 10.250 10,250 45’ Bus Loading/Unloading 6 382 2,292 40’ Bus Loading/Unloading 2 363 726 30’ Bus Loading/Unloading 2 270 540 Future Loading/Unloading 1 1,750 1,750 Bus Circulation 1 37,507 27,257 Bus Platform Total 42,815 SPACE PROGRAM REQUIREMENTS MALL TRANSIT STATION 05 Town of Snowmass Village Feasibility Study11-18-19 TC Packet Page 60 of 80 73 PREFERRED DESIGN CONCEPT PLANS + PERSPECTIVES Mall Transit Station Redevelopment 0611-18-19 TC Packet Page 61 of 80 74 Mall Transit Station Redevelopment 0807 Town of Snowmass Village Feasibility Study EXISTING TRANSIT STATION Bus Operations • SINGLE BUS PLATFORM • TOSV SHUTTLE LOADING/UNLOADING LOCATED ON DALY LANE • (2) RFTA BUS LOADING/UNLOADING • (2) RFTA BUS STAGING | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D | DALY LANELOT 5 | EXISTING PARKING TO REMAIN LOT 6 | 54 EXISTING PARKING TO BE RELOCATED EXISTING TRANSIT STATION LOT 7 | EXISTING PARKING TO REMAIN N11-18-19 TC Packet Page 62 of 80 75 Mall Transit Station Redevelopment 1009 Town of Snowmass Village Feasibility Study OPTION 4 UPPER LEVEL Bus Operations • SINGLE BUS PLATFORM • (2) 30’ SHUTTLE LOADING/UNLOADING • (1) 30’ SHUTTLE UNLOADING • (2) 40’ LOADING/UNLOADING • (7) 45’ LOADING/UNLOADING Transit Station • 42,815 SF TRANSIT PLATFORM • 2,000 SF COMBINED TRANSIT STATION • DRIVER LOUNGE • SKIER SERVICES • PUBLIC RESTROOMS Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • DIRECT UPPER/LOWER MALL ACCESS | ELEVATOR | STAIRS TO GARAGE | LANDSCAPING/SEATING | FUTURE LOADING/UNLOADING | PLATFORM +25’ ABOVE LOT 5 | STAIRS TO GARAGE | SKYLIGHTS TO BELOW | PEDESTRIAN ROUTE TO BRUSH CREEK RD | PEDESTRIAN ROUTE TO BRUSH CREEK RD | WAYFINDING/ART | UPPER MALL ACCESS | SNOW REMOVAL STORAGE | ACCESS TO LOWER CARRIAGE WAY | CARRIAGE WAY | CARRIAGE WAY | BRUS H C R E E K R D | DALY LANEraised paving pattern to direct ped traffic site wall to direct ped traffic B-1 45’ loading/unloading B-3 45’ loading/unloading B-9 40’ loading/unloading B-10 40’ loading/unloading B-11 45’ staging B-12 30’ staging B-7 30’ loading/unloading B-6 30’ loading/unloadingB-5 45’ loading/unloading B-8 45’ loading/unloading B-4 45’ loading/unloading B-2 45’ loading/unloading | MAIN MALL ACCESS raised paving pattern to direct ped traffic | TRANSIT STATION LOT 5 | EXISTING PARKING TO REMAIN LOT 7 | EXISTING PARKING TO REMAIN N11-18-19 TC Packet Page 63 of 80 76 Mall Transit Station Redevelopment 1211 Town of Snowmass Village Feasibility Study OPTION 4 LOWER LEVEL Parking & Deliveries • (2) PARKING ENTRY/EXITS • (56) PARKING SPACES • (3) ADA SPACES • (1) VAN ADA SPACE • (1) DELIVERY VEHICLE PARKING • (5) KISS N RIDE PARKING Additional Design Elements • FREIGHT & PASSENGER ELEVATORS • TRANSIT STATION MECH/ELEC SERVICES • ADDITIONAL STORAGE SPACE • BIKE STORAGE | DELIVERY VEHICLE PARKING | DRIVE +5’ ABOVE LOT 5 | KISS N RIDE | SNOW REMOVAL STORAGE | ACCESS TO BRUSH CREEK RD | CARRIAGE WAY | ELEVATOR | STAIR | STAIR | BIKE STORAGE | DALY LANELOT 5 | EXISTING PARKING TO REMAIN | MECH/ELEC N11-18-19 TC Packet Page 64 of 80 77 Mall Transit Station Redevelopment 1413 Town of Snowmass Village Feasibility Study OPTION 4 PEDESTRIAN CIRCULATION GATHERING PLANTING CANOPY PRIMARY CIRCULATION ROUTES SECONDARY CIRCULATION ROUTES ACTIVE GATHERING ZONES • QUEUING • WAYFINDING • TICKET PURCHASING PASSIVE GATHERING ZONES • RESTING • SITTING • WAITING WAYFINDING NODE/HUB OPTION 4 DIAGRAMS Pedestrian Circulation Gathering Spaces 11-18-19 TC Packet Page 65 of 80 78 Mall Transit Station Redevelopment 1615 Town of Snowmass Village Feasibility Study SNOWMASS MALL TRANSIT STATION CONCEPTUAL SITE DIAGRAMS PLANTING CANOPY PLANTING AREAS ARCHITECTURAL CANOPY TREE CANOPY SECONDARY CIRCULATION ROUTES PASSIVE GATHERING ZONES• RESTING • SITTING • WAITING OPTION 4 DIAGRAMS Planting Areas Canopies 11-18-19 TC Packet Page 66 of 80 79 Mall Transit Station Redevelopment 1817 Town of Snowmass Village Feasibility Study CARRIAGE WAY PERSPECTIVE FLAT TOP SCREENING 11-18-19 TC Packet Page 67 of 80 80 Mall Transit Station Redevelopment 2019 Town of Snowmass Village Feasibility Study DALY LANE PERSPECTIVE FLAT TOP SCREENING 11-18-19 TC Packet Page 68 of 80 81 Mall Transit Station Redevelopment 2221 Town of Snowmass Village Feasibility Study CARRIAGE WAY PERSPECTIVE SLOPED TOP SCREENING 11-18-19 TC Packet Page 69 of 80 82 OPINION OF PROBABLE COST PROJECT SUMMARY + DETAILED ASSUMPTIONS 23 Town of Snowmass Village Feasibility Study11-18-19 TC Packet Page 70 of 80 83 Total A 1,506,080.00$ B 1,958,361.89$ C 32,529.22$ D 674,943.25$ E 2,761.00$ 60 SPACES 69,577.92$ 4,174,675.36$ Total A 43,680.00$ B 324,568.90$ C 51,112.00$ D 244,084.00$ G 160,576.50$ 2,000 SF 412.01$ 824,021.40$ Total A 649,386.98$ B 437,320.00$ 1,086,706.98$ Sub-Total 6,085,403.74$ 15% 912,810.56$ 10% 608,540.37$ 1,521,350.94$ 10% 608,540.37$ 5.5% 334,697.21$ 2.65% 161,042.38$ 1,104,279.96$ 8,711,034.63$ Final Project Total 42,815 SF 203.46$ 8,711,034.63$ 1. Cost Estimate based on 2019 RS Means Facilities Construction Cost Data. 2. Additional review & input has been provided by local contractor. 3. This document is an opinion of probable cost and not an official bid. Construction Hard + Soft Cost Sub-Total Fees Sub-Total Additional Soft Costs Sub-Total Permitting/Plan Review Roadwork & Sitework Substructure Services Construction Contingency General Contractor Fees Contractor Insurance/Bonds Architectural/Engineering Design Fees Construction Hard Cost Sub-Total Parking Garage Transit Station & Platform Substructure Shell Construction Hard Cost Interiors Substructure Equipment & Furnishings Services Construction Soft Costs Shell Construction Hard Cost Sub-Total Construction Hard Cost Sub-Total Building Sitework Interiors Services OPINION OF PROBABLE COST FEASIBILITY STUDY TOWN OF SNOWMASS VILLAGE MALL TRANSIT STATION REDEVELOPMENT SNOWMASS VILLAGE, COLORADO Project Summary 1Mall Transit Station Redevelopment 2411-18-19 TC Packet Page 71 of 80 84 A Quantity Unit Cost / Unit Total 1 Standard Foundations 40,000 SF 10.70$ 427,960.00$ 2 Slab on Grade 40,000 SF 8.45$ 338,000.00$ 3 Basement Excavation 40,000 SF 9.50$ 380,120.00$ 4 Exterior Walls (Parking Garage)300 LF 1,200.00$ 360,000.00$ 1,506,080.00$ B Quantity Unit Cost / Unit Total 1 Roof Construction - Columns (Bus Drive Aisle)42,815 SF 3.73$ 159,528.69$ 2 Roof Construction - Slab (Bus Drive Aisle)42,815 SF 34.00$ 1,455,710.00$ 3 Exterior Walls (Elevator)3,100 SF 17.75$ 55,009.50$ 4 Metal Roofing (Elevator)1,500 SF 8.51$ 12,768.00$ 5 Gutters & Downspouts (Elevator)1,500 SF 4.68$ 7,025.70$ 6 Waterproofing 40,000 SF 6.71$ 268,320.00$ 1,958,361.89$ C Quantity Unit Cost / Unit Total 1 Stairs 2 EA 16,264.61$ 32,529.22$ 32,529.22$ D Quantity Unit Cost / Unit Total 1 Elevators 2 EA 155,791.62$ 311,583.25$ 2 Rain Water Drainage 40,000 SF 1.55$ 61,880.00$ 3 Sprinklers 40,000 SF 4.45$ 177,840.00$ 4 Standpipes 40,000 SF 0.25$ 10,080.00$ 5 Lighting & Wiring 40,000 SF 2.59$ 103,480.00$ 6 Communications & Security 40,000 SF 0.25$ 10,080.00$ 674,943.25$ E Quantity Unit Cost / Unit Total 1 Pavement Markings 60 EA 25.00$ 1,500.00$ 2 Directional Sigange 10 EA 126.10$ 1,261.00$ 2,761.00$ Construction Cost Sub-Total 40,000 SF 104.37$ 4,174,675.36$ 1. Cost Estimate based on 2019 RS Means Facilities Construction Cost Data. 2. Additional review & input has been provided by local contractor. 3. This document is an opinion of probable cost and not an official bid. Equipment & Furnishings Total Shell Total Interiors Total Services Total Total TOWN OF SNOWMASS VILLAGE MALL TRANSIT STATION REDEVELOPMENT SNOWMASS VILLAGE, COLORADO OPINION OF PROBABLE COST Parking Garage Substructure Parking Garage 225 Town of Snowmass Village Feasibility Study11-18-19 TC Packet Page 72 of 80 85 A Quantity Unit Cost / Unit Total 1 Mechanical Room Walls 3,200 SF 13.65$ 43,680.00$ 43,680.00$ B Quantity Unit Cost / Unit Total 1 Roof Construction - Columns 2,000 SF 17.13$ 34,268.00$ 2 Roof Construction 3,500 SF 25.00$ 87,500.00$ 3 Exterior Walls 2,100 SF 44.56$ 93,578.10$ 4 Exterior Windows 2,000 SF 12.13$ 24,258.00$ 5 Exterior Doors 2,000 SF 5.45$ 10,894.00$ 6 Metal Roofing 3,500 SF 18.00$ 63,000.00$ 7 Gutters & Downspouts 2,000 SF 5.54$ 11,070.80$ 324,568.90$ C Quantity Unit Cost / Unit Total 1 Partitions 2,000 SF 2.47$ 4,940.00$ 2 Interior Doors 2,000 SF 1.33$ 2,664.00$ 3 Toilet Room Partitions 2,000 SF 2.85$ 5,694.00$ 4 Wall Finishes 2,000 SF 13.17$ 26,338.00$ 5 Floor Finishes 2,000 SF 2.94$ 5,876.00$ 6 Ceiling Finishes 2,000 SF 2.80$ 5,600.00$ 51,112.00$ D Quantity Unit Cost / Unit Total 1 Plumbing Fixtures 2,000 EA 14.64$ 29,276.00$ 2 Domestic Water Distribution 2,000 SF 10.00$ 20,000.00$ 3 HVAC Systems 2,000 SF 20.00$ 40,000.00$ 4 Sprinklers 2,000 SF 4.00$ 8,000.00$ 5 Standpipes 2,000 SF 0.72$ 1,430.00$ 6 Electrical Service/Distribution 2,000 SF 24.93$ 49,868.00$ 7 Lighting & Branch Wiring 2,000 SF 16.74$ 33,488.00$ 8 Communications & Security 2,000 SF 11.01$ 22,022.00$ 9 Gen Set & Energy Monitoring 2,000 SF 20.00$ 40,000.00$ 244,084.00$ G Quantity Unit Cost / Unit Total 1 Landscaping 10,250 SF 3.67$ 37,576.50$ 2 Snowmelt (60% of Platform)6,150 SF 20.00$ 123,000.00$ 160,576.50$ Construction Cost Sub-Total 2,000 SF 412.01$ 824,021.40$ 1. Cost Estimate based on 2019 RS Means Facilities Construction Cost Data. 2. Additional review & input has been provided by local contractor. 3. This document is an opinion of probable cost and not an official bid. Building Sitework Total Total Transit Station & Platform Substructure Total Shell Total Interiors Total Services OPINION OF PROBABLE COST TOWN OF SNOWMASS VILLAGE MALL TRANSIT STATION REDEVELOPMENT SNOWMASS VILLAGE, COLORADO Transit Station & Platform 3Mall Transit Station Redevelopment 2611-18-19 TC Packet Page 73 of 80 86 A Quantity Unit Cost / Unit Total 1 Upper Carraige Way Road 1,222 SY 104.00$ 127,088.00$ 2 Retaining Wall 250 LF 629.80$ 157,450.50$ 3 Backfill 3,000 CY 25.00$ 75,000.00$ 4 Snowmelt 8,400 SF 20.00$ 168,000.00$ 5 Daly Lane Connection 333 SY 104.00$ 34,632.00$ 6 Existing Mall Connection 5,200 SF 15.30$ 79,560.00$ 7 Brush Creek Connection Sidewalk 180 LF 42.54$ 7,656.48$ 649,386.98$ D Quantity Unit Cost / Unit Total 1 Utilities 42,050 SF 3.58$ 150,328.75$ 2 Stormwater Management 42,050 SF 6.83$ 286,991.25$ 437,320.00$ Construction Cost Sub-Total 1,086,706.98$ 1. Cost Estimate based on 2019 RS Means Facilities Construction Cost Data. 2. Additional review & input has been provided by local contractor. 3. This document is an opinion of probable cost and not an official bid. Services Total Roadwork & Sitework Substructure Total OPINION OF PROBABLE COST TOWN OF SNOWMASS VILLAGE MALL TRANSIT STATION REDEVELOPMENT SNOWMASS VILLAGE, COLORADO Roadwork & Sitework 427 Town of Snowmass Village Feasibility Study11-18-19 TC Packet Page 74 of 80 87 PROJECT SCHEDULE FINAL DESIGN + CONSTRUCTION Mall Transit Station Redevelopment 2811-18-19 TC Packet Page 75 of 80 88 ID Task Name Duration 1 617 days 2 Pre-Design 15 days 3 Notice to Proceed 1 day 4 Contracting 14 days 5 Conceptual Design 23 days 6 Pre-Design Meeting and Site Walk 1 day 7 Feasibility Study Review & Program Verification 14 days 8 CM/GC RFP Issued 1 day 9 Cost / Constructability Review 7 days 10 CM/GC Pre-Proposal Meeting 1 day 11 CM/GC Proposal Process 21 days 12 Conceptual Design Workshop 1 day 13 30% Design Documents 87 days 14 Preparation of 30% Design Development Review Set 28 days 15 CM/GC Award 1 day 16 30% Design Workshop 1 day 17 QA/QC Review 7 days 18 30% Design Documents Submittal 10 days 19 CM/GC 30% Design Document Review 14 days 20 Value Engineering 14 days 21 Revise 30% Submittal Documents 7 days 22 TOSV Review Period 7 days 23 30% Design Review Meeting 1 day 24 75% Design Documents and Platting 54 days 25 Preparation of 75% Design Development Review Set 28 days 26 Specifications and Special Provisions 14 days 27 Opinion of Probable Cost with CM/GC Input 14 days 28 QA/QC Review 7 days 29 75% Constructability Review 7 days 30 Submittal of 75% Documents 1 day 31 TOSV Review Period 10 days 32 75% Design Review Meeting 1 day 33 100% Construction Documents 49 days 34 Preparation of 100% Design Document Set 28 days 35 100% Specifications and Special Provisions 14 days 36 Final Opinion of Probable Cost with CM/GC Input 7 days 37 100% Submittal for QA/QC and Constructability Review 1 day 38 QA/QC Review 7 days 39 Final Constructability Review 7 days 40 Contractor GMP 1 day 41 Construction Contracting 21 days 42 Pickup Final Review Comments as Needed 7 days 43 Submittal of Final 100% Stamped Construction Documents 1 day 44 Permitting and Construction 395 days 45 Permitting 30 days 46 Construction 365 days Month 1 Month 2 Month 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Month 10 City of Greeley - Architectural Services for Fire PROJECT SCHEDULE FINAL DESIGN + CONSTRUCTION 29 Town of Snowmass Village Feasibility Study Mall Transit Station Redevelopment 3011-18-19 TC Packet Page 76 of 80 89 11-18-19 TC PacketPage 77 of 8090 11-18-19 TC PacketPage 78 of 8091 11-18-19 TC PacketPage 79 of 8092 11-18-19 TC Packet Page 80 of 80 93 I aa 33' truth't3 initiativcr rNsptRll{o TOBACCO-FNEE LIYES ftavors Percentage of whosmokeand use cigarettes: mentho[. il.$o/o * l&.lolo Nearly high school middle school inI Af rican-American smokers aged 12 and older use menthol cigarettes. Nearty of young menthol smokers if menthol It cigarettes were banned. lf a mentho[ c enacted in 20 xga 11, rette ban had been it could have saved tives by 2050. /7 r \ \\ \ IG r L i:I I Current taw the use G IIIrI il 94 BACKGROUND The chemicaI compound menthoI makes cigarettes easier to smoke and harder to quit. MenthoL creates a coo[ing effect, reduces the harshness of cigarette smoke and suppresses coughing. Those effects may make mentho[ cigarettes more appeating to young, inexperienced smokers, and research shows that they are more [ikety to addict youth.78 WHAT IS MENTHOL? MenthoI is a chemicaI compound extracted f rom peppermint or corn mint plants, or created syntheticaLty. lt reduces the harshness of cigarette smoke due to its characteristic cooting effects on the mouth and throat.l2 lt also suppresses the coughing reftex,3 which makes inhating smoke f rom ci garettes more toterabte. Menthot was first added to cigarettes in the 1920s and 1930s, and became widespread in the 1 950s and 1 960s.' ' Atthough most cigarettes contain some menthoL, certain brands use menthol in greater quantities, making it detectibte as a cha racterizi n g f lavor.7 Tobacco ma n ufactu rers market and advertise those brands as "menthoI cigarettes." Current taw prohibits the use of cha racterizi n g f lavori n gs in ci ga rettes, except for menthot. PATTERNS OF USE IN THE U.S. r ' ln 2016,7.26 percent of peopte aged 12 or o[der used menthoI cigarettes.t Menthol creates a cooling effect, reduces the harshness of cigarette smoke and suppresses coughing. These effects may make menthol cigarettes more appeating to young, i nexperie nced smokers. t \rt; F II't f,. aaaoaO'aaaoa truth initiative' txsPrRtN6 TOBACCO-FNEE LIYES t{rs,/( ! I August 2018 }IENTHOL 95 (:) Menthot cigarettes are stowing the reductions in overat[ cigarette smoking rates. From 2004 to 20'l /r, the decLine in cigarette consumption was greater for non- menthoL cigarettes than menthoI cigarettes.e >: For adu[t smokers aged 18 and otder, there were significant increases in mentho[ cigarette use f rom 2008 to 2014. >> Menthol smoking prevatence now exceeds non-menthoI smoking prevatence among both youth and young adutt smokers. >> Youth smokers remain the age group most [ikety to use mentho[ cigarettes. () Among current cigarette smokers [those who have smoked in the past 30 daysl, 39 percent used menthol cigarettes f rom 201 2Io 2014, compared with 35 percent f rom 2008 to 2010.e Q Menthot cigarette smoking is more prevatent among smokers who are young,l0 femate,rr' ra part of a sexuaI minority,l6 or part of a raciaI or ethnic minority.l0 1s There is atso significant mentho[ use among smokers with mentaI ittness.13.17 O African-American smokers predominantty use menthot cigarettes.r0 Nearty 9 in 10 African-American smokers [88.5 percent) aged 12 and otder use menthoI cigarettes.l0 YOUTH AND YOUNG ADULTS MenthoI cigarettes are disproportionatty used by young smokers and may facititate addiction. (-) MenthoL reduces the harshness of cigarette smoke, which may appeal to young, i nexperienced smokers.r'r8'1e L) LongitudinaLstudies show that initiation with menthoI cigarettes faci[itates progression to estabtished cigarette use among young smokers.20,2r ( ) Data f rom nationatty representative sampLes show that the youngest cigarette smokers use menthol at the highest rates.ra'" Adutts 126+ years otdl Non-menthol 17.lYo MenthoI 7.1o/o Source: National Survey on Drug Use and Heatth, 200t+-201/+. Youth 112-l7years otdl Non-menthoI 6,3o/o l,.6Yo Menthot 2.51o 2.2Yo 1 Young adutts ll8-25 years otdl Non-menthot 26.9% Menthot "t2.9lo 1t.BYo 1t,.0Yo 2014 7.|Yo I o smoking rates by age, 2001"-2011,- 13.1o/o 96 fJ Menthol cigarette use among youth and young adutt smokers was greater than non-mentho[ cigarette use in 2014.? O tn ZOta, the preva[ence of mentho[ cigarette use among current cigarette users was 54.5 percent among atl. high school students and /r8.4 percent among att middte school students.22 Q A nationatty representative study found that, among youth and young adutts, non-menthol cigarette prevatence dectined from 2004 to 2010. By contrast, menthol ctgarette prevatence remained constant among youth and increased among young adutts over this period.l0 () Menthot cigarette use is higher among young adutt smokers than otder adutt smokers. Among adutts surveyed from 20121o2014, current smokers aged 18-25 had the highest prevatence of menthol cigarette use at 50 percent.elo MINORITYGROUPS Q Most African-American youth smokers use menthol cigarettes. From 2008 to 2010, 94.9 percent of Af rican-American youth current smokers used menthot cigarettes. Other raciaI and ethnic groups used them in Lower numbers, inctuding just over hatf - 51.3 percent - of whrte youth current smokers.ro C.l From 2008 to 2010, the prevatence of menthoI cigarette use among young adutt current smokers laged 18 to 25] was 93.9 percent among Af rican-Americans, compared with 35.3 percent among whites, 47.3 percent among Hispanics and L9.7 percent among Asia n -Am errcans.lc i'-) ln 2010, the prevatence of menthol cigarette use among current adutt smokers was 36.3 percent among LGBT smokers, compared with 29.3 percent among heterosexuaI smokers. This difference was even more pronounced among LGBT femate smokers 142.9 percent) compared with heterosexuaI femate smokers (32.4 percent].r6 10Yo 20% Source: Tobacco controte ro 30Yo 60Yo 50%60'/. Hispanic Asian White Btack 20% Source: Tobacco contro[t r'] 40o/o 60Yo 80% 100% o Ages 12-17 53.9 Ages l8-25 50.0 43.9 Ages 35-69 32.3 AEes Sl+32.9 Menthot cigarette 2008-2010 15.9 2012-201t,37.1 2008-2010 30.3 2012-2011 38.0 2008-2010 25.6 2012-2011 28.9 2008-2010 86.0 2012-2011 184.6 August 2018 }IE}ITHOL Menthol cigarette use among current smokers in the U.S. by a9e.2012-2011 Ages 26-34 97 HEALTH EFFECTS MenthoI cigarettes offer no heatth benefit to smokers, and, in fact, are easier to start smoking and more diff icuLt to quit than regul'ar cigarettes. Truth lnitiativec' agrees with the Tobacco Products Scientific Advisory Committee that menthoI cigarettes pose a threat to pubtic heatth above and beyond that posed by regutar cigarettes. Q Menthotftavoring contributes to addiction in YOuth smoke rs'1 2 t' 2i 73 O There are no heatth benefits associated with smoking mentho[ cigarettes, compared with smoking non-mentho[ cigarettes 2a O Menthot cigarettes are as dangerous to an indrviduat's heatth as non-menthoI cigarettes,l0 and menthot cigarette smokers are as [rkety to experience premature morbidity and mortatity as non-mentho[ cigarette smokers.2s Q Adutt menthol smokers report taking less time to have their first cigarette after waking than non-menthol smokers. Time to first cigarette is an rmportant measure of nicotine ad d iction.26'28 O Scientific evidence indicates that adutt menthol smokers are less tikety than non-menthot smokers to successfutty quit smoking4,2e 37 despite increased quit intentions3a and quit attempts.sr.3a 38 Studies show signif icantty reduced rates of quittrng amon g Af rican-American/,2e,30 and H ispanic menthoI smokers compared with non- menthoI smokers.3'] MARKETING IN THE U.S. (- I Menthot makes up a [arge portion - 35 percent in 2016 - of the cigarette market in the U.S.3e (-:) The tobacco industry has a wetl-documented history of devetoping and marketing menthotated brands to raciaI and ethnic minorities and youth.4(r a4 August 2018 IE@ o MenthoI cigarettes offer no health benefit to smokers, and, in fact, are easier to start smoking and more difficutt to quit than regu[ar cigarettes. I # T"1\ 98 ( ) Evidence from tobacco industry documents shows that the industry studied smokers' menthol preferences and maniputated menthol [evets to appeaI to a variety of smokers, rnctuding adotescents and young adutts.ra le'4r'45 Q Evrdence from tobacco rndustry documents also shows that tobacco companies specificatty targeted African-Americans with menthoI ci ga rette advertising.{a'a6 48 O A 201 1 review found that menthoI marketing rs higher in pubtications and venues that appeaI to Af rican -American aud rences.{3 (j Numerous studies show targeted marketing of menthol cigarettes at the point of sate in African- American communities throughout the U.S.ae s3 POLICY IN THE U.5. O The 2009 Famrty Smoking Prevention and Tobacco Control Act gave the Food and Drug Administration the authority to regutate tobacco products. The law specif icatly prohibits the use of characterizrng ftavorings in crgarettes, except for mentho[.50 Nonetheless, it preserves the FDA's regulatory authority to ban menthot. (-) Thus far, the FDAs activities on menthol inc[ude: >> The TPSAC was required by the Tobacco Contro[ Act to conduct a review of menthol cigarettes' effect on youth and other vutnerabte poputations. The committee pubLished a report in March 2011, conctudrng that "the removaI of menthoI cigarettes f rom the marketptaces woutd benefit pubtic heatth in the United States." >> Lorittard Tobacco Company [now R.J. Reynotds Tobacco Companyl chattenged the integrity of the TPSAC in a tawsuit against the FDA, atteging that severaI experts the agency appointed to the committee were confticted and therefore must be removed. The judge in the case sided with Lorrtlard and prohibited the FDA from using the TPSAC mentho[ report. o Evidence f rom tobacco industry docu ments shows that the industry maniputated menthol levels to appeaI to a variety of smokers, inc[uding adotescents and young adu[ts. August 2018 HETITHOL "The removat of menthol cigarettes from the marketplaces would benefit public heatth in the United States." ,"/ u n7!t rp, ! 99 'r The FDA appeated, and, in January 2016, the D.C. Circuit reversed the district court's decision, attowing the agency to rety on the TPSAC menthol report to take action to regu|.ate menthoL tobacco products. >> ln Juty 2013, the FDA pubtished its own report that atso conctuded that the removaI of menthol cigarettes from the market woutd improve pubtic heatth. At the same time, the FDA requested pubtic comment seeking additionaI information to he[p the agency make tnformed decisions about mentho[ in cigarettes. t> Five years later, in March 2018, the FDA again requested pubtic comment on the rote that menthoI in tobacco products ptays in attracting youth, in the [iketrhood of quitting smoking and in the use of other tobacco products, inc[uding cigars and e-cigarettes. STATE AND LOCAL POLICIES White many [ocatities have prohibited ftavored tobacco products in some way, most of these exctude menthol, mint or wintergreen. However, severat locatities do inctude menthot in their ftavor bans. San Francisco, Catifornia, prohibits the sate of ftavored tobacco products, inctuding menthot.s5 Berketey, Catifornia, prohrbrts the sate of f Lavored tobacco products, incl.uding menthot, wrthin 600 feet of schoots.56 Chicago, lttinois, prohibits the sate of f lavored tobacco products, incLuding menthot, within 500 feet of any city high schoot.sT Contra Costa County, Catifornia, prohibits the saLe of f Lavored tobacco products, inctuding menthol', within 1,000 feet of "youth-sensitive p[aces," rnctuding pubtic and private schoo[s, pLaygrounds, parks and Iibraries.sg Tobacco industry opposition August 2018 }IEiITHOL At the locat, state and national levets, the tobacco industry has worked hard to undermine government efforts to restrict the avaitability of menthoI tobacco products. For exampte, in June 2017, San Francisco, Catifornia, prohibited the sale of att ltavored tobacco products, inctuding menthot. R.J. Reynolds, the maker of Loriltard cigarettes, formed a campaign, "Let's Be Rea[ San Francisco," and contributed $10.69 mittion to repeat the law before it was implemented. 0n June 5, 2018. 68 percent of San Francisco voters uphetd the ftavors and menthol ban and the ordinance went into effect 10 days after the vote was certified.5s'71'72 The industry often cites a concern that menthol bans witt tead to a market for dangerous itticit trade, despite sparse evidence to support that concern.T3'74 The tobacco industry has atso attempted to spread fear that menthol bans unfairty target African-Americans and would tead to further criminatization of the community. R.J. Reynotds, also the maker of the leading menthol cigarette brand Newport, recruited prominent btack leaders, inctuding civit rights activist Rev. A[ Sharpton, to host town hatts across the county on the subject. fhe pubtic heatth community criticized these events as deceptive and exploitative.?5 ln Jul.y 2013, the FDA pubLished a report which concluded that the removaI of menthot cigarettes from the market woutd improve pubtic heatth. 100 C) Et Cerrito, San Mateo County, Santa Ctara and Yoto County, Catifornia, prohrbit the sate of ftavored tobacco products, inctudrng menthot5e 62 Q Dututh and Fatcon Heights, Minnesota, Los Gatos, 0aktand and Pato Atto, Catifornia, prohrbit the sate of ftavored tobacco products, inctuding menthot, except in adutt-onty tobacco stores.63 67 Q Minneapotis and St. Paut, Minnesota, prohibit the sate of ftavored tobacco products, inctuding menthot, except in adutt-onty tobacco stores and [iquor stores.58'6e ) Despite research showrng that menthol cigarettes are easier to start smoking and harder to quit,i0 onty 1.71 percent of the U.S. poputation is covered by a menthol cigarette ban. ESTIMATED EFFECTS OF NATIONAL MENTHOL BAN O lf menthot cigarettes were banned, 38.9 percent of a[[ menthol smokers and 44.5 percent of African-American menthoI smokers reported that they woutd try to quit.76 (-) Among young adutt menthol smokers [aged 18-24),64.6 percent reported that they woutd quit smoking and not use any other products if menthoL cigarettes were banned.77 i..) lf a menthoI cigarette ban had gone into effect rn 201 1, researchers estimate that more than 320,000 smoking-attributabte deaths woutd be averted by 2050, aLmost a third of them among Af rican-Americans.:ts o Onty 1.71 percent of the US. poputation is covered bya August 2018 }IENTHOt 0 101 i*d&ddlrrprF* I I ACTION NEEDED: MENTHOL IN TOBACCO PRODUCTS Consistent with a vision of a future where tobacco is a thing of the past, Truth lnitiative supports tha fottowing poticies regarding menthot in tohacco products: , Given its wett-documented appeaI to youth, menthot should be etiminated from a[] tobacco products, with the timited exception described betow. > The FDA must issue a product standard etiminating menthol as a characterizing flavor from atl tobacco products, particularty cigarettes, cigars and other combustibte tobacco. > A narrow exception may appty to proven harm-minimized products if a manufacturer can demonstrate that the harm-minimized menthoI product helps smokers comptetety switch from combustible tobacco to the product and show that it does not appeal to or attract a substantiaI number of youth [verified with carefuI post-market surveittance of actuat use patterns|. , State and [oca[ entities shoutd enact poticies prohibiting the sale of ftavored tobacco productr, inctuding menthot, mint and wintergreen flavors. , The marketing of atl ftavored tobacco products, inctuding menthol, shoutd be restricted so that it does not target youth. These actions are especiatly urgent because the FDA has repeatedty fail,ed to acl, despite [ong-standing, overwhelming evidence that a menthot ban would benefit pubtic heatth. The agency's decision to issue an additional request for pubtic comment in March 2018 is f urther detaying meaningful action. The FDA shoutd immediatety issue a proposed rute to accelerate the process of protecting the pubtic from menthoI tobacco products. August 2018 }IEIITHOL 102 REFERENCES I Tobacco Products Scientif ic Advisory Committee. Menthol Cigarettes and Public Health: Review of the Sctentific Evidence and Recommendations. Rockvitte, MD: Center for Tobacco Products, Food and Drug Administration;201 1. 2 Yerger VB, McCandtess PM. MenthoL sensory quatities and smoking topography: a review of tobacco industry documents. 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I :. lr ,\l.i i,i ., ,:1,1,.,.r ,.,r.rit. , , . Accessed June 21, 2016. 58 Contra Costa County. Adopt 0rdinance No. 201 7-01 EstabI sh ng Tobacco Sates Restrictions and a Cap on Tobacco RetarI Licenses. 59 City of E[ Cerrrto. Tobacco RetaiLers License 60 County of San Mateo Board of Supervisors. Introduction of an ordinance adding Chapter 4.99 to Titte 4 of the San Mateo County 0rdrnance Code to prohibit saLe or offer for sale of flavored tobacco products and prohibit pharmacies from selting or offering for sate any tobacco products, and amending Sect on 4.96.030 of Chapter 4.96 to ctarify definition of Tobacco Products , and waive the reading of the ordrnance in its entirety.2018; , 6l Santa Ctara County. 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Tobacco control. 201 4:2311):81 . 7/" Batwicki ?, Stok?osa M, Batwicka-Szczyrba M, Tomczak W. Tobacco industry interference with tobacco controL po[icies in Pol'and: [egaI aspects and rndustry practices. Tobacco control. 2015. 75 Levin M. Battling MenthoL Restrictions, R.J. Reynotds Reaches 0ut to Sharpton, 0ther Bl.ack Leaders. 201 7. 76 Pearson JL, Abrams DB, Niaura RS, Richardson A, Vatlone DM. A ban on menthoI cigarettes: impact on pubtic opinion and smokers' rntention to quit. Amedcan journal of public health. 2012:1021 1 1 l:e1 07- 1 1 4. ?7 Wackowski OA, Manderski MT, Detnevo CD. Young Adults' BehavioraI lntentions Surrounding a PotentiaL MenthoI Cigarette Ban. Nicotlne & tobacco research : official journal of the Society for Research on Nicotine and Tobacco.201L. 78 Hersey JC, Nonnemaker JM, Homsi G. MenthoI cigarettes contribute to the appeaI and addiction potentiaI of smoking for youth. Nicotine & tobacco research : officiat journal of the Society for Research on Nicotine and Tobacco.20 1 0; 1 2 Suppt 2:5136-146 jmll-eg 1 AE-48 64 65 Falcon He ghts Cily Counc l. May 9, 2018 Meetrng Agenda Packet. 201 8: Los Gatos. An Ordinance of the Town of Los Gatos Requrring the Licensure of Tobacco Retarters and Adding Section 18.60.020 to the Town Code of Los Gatos Entrtted Permits for Retaiters of Tobacco Products and/or Etectronic Smokrng D evi ce s. @ 105 August 2018 }IENTHOL aaaaoaaaaaaa truth initiative INSPIRING TO BACCO- FR EE LIYES 900 G Street, NW Fourth Floor Washington, DC 20001 202.45/+ 5555 I i"ir i h Irr tt ra l rr,,e. o;g @ /trutirirrttarrve Q @ ii,;ir'r-riliaiive 106 IMPACT OF MENTHOL CIGARETTES ON YOUTH SMOKING INITIATION AND HEALTH DISPARITIES Cigarettes with specific characterizing flavors were prohibited in the U.S. on September 22, 2009, as part of the Family Smoking Prevention and Tobacco Control Act (TCA) that gave the U.S. Food and Drug Administration (FDA) authority overtobacco products.l This provision excluded mentholcigarettes, which have subsequently increased their share of the cigarette market. Sales of menthol cigarettes increased from 20111o2015, at a time when overallcigarette sales have been gradually decreasing.2 Data from the Federal Trade Commission (FTC) show that in 2017, menthol cigarettes comprised 36 percent of the market, the highest proportion on record since FTC began collecting this data in 1963.3 Menthol cigarettes pose a tremendous public health threat. A 2013 FDA report on the health impact of menthol cigarettes determined that menthol cigarettes lead to increased smoking initiation among youth and young adults, greater addiction and decreased success in quitting smoking.a Further, FDA's Tobacco Products Scientific Advisory Committee's (TPSAC)'concluded, "Removal of menthol cigarettes from the marketplace would benefit public health in the United States."5 Ontario, Canada banned menthol cigarettes as of January 1,2017 and initial evaluation results suggest that the law led to increased quit attempts and smoking cessation among adult menthol smokers.6 The Canadian government subsequently banned mentholcigarettes nationwide in October 2017. Menthol Makes it Easier for Youth to lnitiate Tobacco Use The tobacco companies know that almost all new tobacco users begin their addiction as kids, but they also know that to novice smokers, tobacco can be harsh and unappealing. Internal tobacco industry documents show that tobacco companies have a long history of using flavors to reduce the harshness of their products to make them more appealing to new users, almost all of whom are under age 18.7 By masking the harshness and soothing the irritation caused by tobacco smoke, flavors make it easier for beginners - primarily kids - to experiment with the product and ultimately become addicted. Menthol has particularly appealing qualities for novice smokers. Menthol is a chemical compound that cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating tobacco use.8 As TPSAC noted, "Menthol cannot be considered merely a flavoring additive to tobacco. lts pharmacological actions reduce the harshness of smoke and the irritation from nicotine."e According to TPSAC's conclusions:10 Menthol cigarettes increase the number of children who experiment with cigarettes and the number of children who become regular smokers, increasing overall youth smoking. Young people who initiate using menthol cigarettes are more likely to become addicted and become long-term daily smokers. As the only flavored cigarette left on the market, it is no surprise that menthol cigarettes remain popular among youth. ln fact, a study analyzing the impact of the 2009 ban on characterizing flavors in cigarettes on youth tobacco use found that use of menthol cigarettes among high schoolers significanfly increased ' TPSAC is a group of scientific experts charged with advising the Commissioner of Food and Drugs on safety, dependence, and health issues relating to tobacco. See 1400 I Street NW - Suite '1200 - Washington, DC 2OOO5 a a Phone (202)296-5469 ' Fax (202)296-s427 . www.tobaccofreekids.org W 107 Menthol Cigarettes / 2 after the ban.11 Since the reports from FDA and TPSAC, research has continued to demonstrate the popularity of menthol cigarettes among youth and menthol's role in smoking initiation: Youth smokers are more likely to use menthol cigarettes than any other age group. Over half (54 percent) of youth smokers ages 12-1 7 use menthol cigarettes, compared to less than one{hird of smokers ages 35 and older.12 Prevalence of menthol use is even higher among African American youth: seven out of ten African-American youth smokers smoke menthol cigarettes.l3 The popularity of menthol flavored cigarettes is also evidenced by brand preference among youth. According to data from According to data from the 2015 NationalSurvey on Drug Use and Health, one in five smokers ages 12-17 prefers Newport cigarettes, a heavily marketed menthol cigarette brand. Preference for Newport is even higher among African-American youth smokers (69.1 percent) because of targeted marketing by the tobacco industry. 1a Data from Wave 1 of the government's Population Assessment of Tobacco and Health (PATH) study found that youth menthol smokers are more likely to perceive menthol cigarettes as easier to smoke than regular cigarettes.15 Data from Truth lnitiative's Young Adult Cohort Study, a national study of 18-34 year olds, showed that 52 percent of new young adult smokers initiated with mentholcigarettes. lnitiation with menthol cigarettes was higher among black smokers (93.1%) compared to white smokers (43.9%).16 Menthol lncreases Addiction and Makes it Harder for Smokers to Quit While the tobacco industry initially marketed menthol cigarettes as safer and healthier cigarettes, because of their cooling properties and reduced throat irritability, this could not be further from the truth.l7 ln fact, because menthol cigarettes are less harsh, they are associated with increased initiation and greater addiction, and FDA found that it is "likely that menthol cigarettes pose a public health risk above that seen with nonmenthol cigarettes."lE Both TPSAC's and FDA's own scientific analyses conclude that menthol cigarettes are associated with increased nicotine dependence and reduced success in smoking cessation.le TPSAC projected that by 2020, about 17,000 premature deaths will be attributable to mentholcigarettes and about 2.3 million people will have started smoking because of menthol cigarettes.20 Research continues to bolster the findings of FDA and TPSAC. A2014 randomized clinical trial of FDA- approved cessation treatments among 1,500 US adult smokers found that menthol smoking was associated with reduced likelihood of quitting, compared to non-menthol smoking. African American female smokers had the quit rates of all groups in the study.21 A meta-analysis of findings from nearly 150,000 smokers found that among African Americans, menthol smokers have a 12o/o lower odds of smoking cessation compared to non-menthol smokers.22 The difficulty that menthol smokers have in quitting continues to be reflected in national smoking prevalence and sales trends. Between 2009 and 2016, sales of non-mentholcigarettes have declined by 25.8% nationally, while sales of menthol cigarettes have declined by only 2.2o/o.23 While smoking rates have declined overall in recent years, use of menthol cigarettes has increased significanly. Menthol smoking rates have increased among young adults and remained constant among youth and adults, while non-menthol smoking has decreased in all three age groups.2a Overall, n""ily 40 percent (3g.g%) ofsmokers use menthol cigarettes. a a a a a 108 Menthol Cigarettes / 3 ln recent years, use of menthol cigarettes has increased among White, Asian, and Hispanic smokers. Use of menthol cigarettes has remained constant among African-American smokers, who continue to use menthol cigarettes more than any other racial/ethnic group.25 Research also shows that use of menthol cigarettes has perpetuated disparities among those with mental illness. Data from the 2008 and 2009 National Survey on Drug Use and Health show that smokers with severe psychological distress were significantly more likely to use menthol cigarettes than smokers with no or mild psychological distress.26 Use of Mentho! Cigarettes Leads to Health Disparities for African Americans Prevalence of menthol use is highest among African Americans - 85 percent of allAfrican-American smokers smoke menthol cigarettes, compared to 29 percent of Whites.27 The tobacco industry's "investment" in the African-American community has had a destructive impact. TPSAC's report and FDA's analysis conclude that African Americans are disproportionately burdened by the health harms of menthol cigarettes. Specifically, TPSAC concluded that the marketing and availability of menthol cigarettes increases the overall prevalence of smoking and reduces cessation among African Americans.2s African Americans generally have higher levels of nicotine dependence as a consequence of their preference for mentholated cigarettes.2s While research shows that African American smokers are highly motivated to quit smoking and are more likely than White smokers to have made a quit attempt and used counseling services in the previous year, they are less likely than White smokers to successfully quit smoking.30 TPSAC estimated that by 2020, 4,700 excess deaths in the African-American community will be attributable to menthol cigarettes, and over 460,000 African Americans will have started smoking because of menthol cigarettes.3l African Americans suffer the greatest burden of tobacco-related mortality of any racial or ethnic group in the United States. Each year, approximately 45,000 African Americans die from a smoking-caused illness. Unless action is taken, an estimated 1.6 million African Americans alive today, who are now under the age of 18, will become regular smokers; and about 500,000 of these will die prematurely from a tobacco-related disease.32 Lung cancer is the second most common cancer in both African-American men and women, but it kills more African Americans than any other type of cancer.33 Decreased cessation success due to the popularity of menthol cigarettes among African Americans likely contributes to this mortality disparity.3a The Tobacco lndustry Targets Minorities and Youth with Menthol Cigarette Marketing The greater popularity of menthol cigarettes among African Americans, youth, and other minorities is a direct result of a decades-long marketing campaign by the tobacco industry. ln fact, TPSAC concluded that mentholcigarettes are marketed disproportionately to younger smokers and African Americans.35 Dating back to the '1950s, the tobacco industry has targeted these communities with marketing for menthol cigarettes through sponsorship of community and music events, targeted magazine advertising, youthful imagery, and marketing in the retailenvironment. Music and Community Event Sponsorshrp. Beginning in the 1970s, the major tobacco companies competed for the African American market share by sponsoring music and community events like Brown & Williamson's "Kool Jazz Festival,' R.J. Reynolds' "Salem Summer Street Scenes," and Phillip Morris's "Club Benson & Hedges" promotional bar nights.36 Kool also sponsored Latin music festivals, including the branded "Kool Latino Festival," in the 1970s and 1980s.37 a 109 Menthol Cigarettes / 4 Magazine Advertising. Expenditures for magazine advertising of mentholated cigarettes increased from 13 percent of total ad expenditures in 1998 to 76 percent in 2006.38 During the two years after the Master Settlement Agreement (MSA) in November 1998, the average annual expenditures for Newport in magazines with high youth readership increased 13.2 percent (from $5.3 to $6.0 million).3e Between 1998-2002, Ebony, a magazine tailored to African-American culture, was 9.8 times more likely than People to contain ads for menthols.a0 One study comparing the English and Spanish language versions of Cosmopolitan and Glamourfrom 1998-2002 found that 51 percent of the cigarette ads in the Spanish language versions were for menthol brands, compared to only 28 percent in the English language versions.al Youthful lmagery. The tobacco companies commonly use youthful imagery in its advertising to appealto young consumers. As a R.J. Reynolds document from 1981 noted, "The benefit of smoking which has most frequently and most successfully been exploited by brand families appears to be Social lnteraction. For example, some brands, such as Newport, have focused on the younger adult 'peer group' aspect of social interaction."a2 Newport's "Alive with Pleasure" campaign, which continues today, portrays smokers in fun, social environments in its advertisements.a3 In 2004, Brown & Williamson started an ad campaign for their Kool brand cigarettes clearly aimed at youth-and African-American youth, in particular. The Kool Mixx campaign featured images of young rappers, disc jockeys and dancers on cigarette packs and in advertising. The campaign also included radio giveaways with cigarette purchases and a Hip-Hop disc jockey competition in major cities around the country. The themes, images, radio giveaways and music involved in the campaign all clearly have tremendous appeal to youth, especially African-American youth. Attorneys General from several states promptly filed motions against Brown & Williamson for violating the Master Settlement Ag reement. aa Retail Promotions. For decades, tobacco companies have specifically targeted minority communities, particularly African Americans, with intense advertising and promotional efforts. Beginning in the 1970s, the major tobacco companies used mobile van programs, like the Newport Pleasure Van, to expand their reach in urban areas through product sampling and coupon distribution.a5 The tobacco companies also developed specific strategies and specially designed product displays to adapt their point-of-sale marketing to smaller retailers that were more common in urban areas. Phillip Morris implemented promotion programs and paid retailers to exhibit product displays and grow their inventory. Brown & Williamson launched its Kool lnner City Point of Purchase Program, later the Kool lnner City Family Program, with the explicit goal, "to reach the core of Kool's franchise (young, black, relatively low income and education),"a0 with both retailer and consumer promotions.aT Today, menthol cigarettes continue to be heavily advertised, widely available, and priced cheaper in certain African-American communities, making them more appealing, particularly to price-sensitive youth. A wealth of research indicates that African- American neighborhoods have a disproportionate number of tobacco retailers, pervasive tobacco marketing, and in particular, more marketing of menthol products.as Like many minority and low-income neighborhoods, African-American neighborhoods tend to have more tobacco retailers. Nationwide, census tracts with a greater proportion of African American residents have higher tobacco retailer density.ae 42011 study of cigarette prices in retail stores across the U.S. found that Newport cigarettes are significantly less expensive in neighborhoods with higher proportions of African Americans.50 The 201'l California Tobacco Advertising Survey reports that there were significantly more menthol advertisements at stores in neighborhoods with a higher proportion of African-American residents and in low-income neighborhoods.5l a a a 110 Menthol Cigarettes / 5 Another 2011 California study found that as the proporlion of African-American high school students in a neighborhood rose, the proportion of menthol advertising increased, the odds of a Newport promotion were higher, and the cost of Newport cigarettes was lower.52 A 2013 study of tobacco retail outlets in St. Louis found more tobacco advertising, including more menthol advertising, in areas with a greater proportion of African-American residents.53 Another 2013 study found similar patterns in Ramsey County, Minnesota.5a FDA Action Needed to Prohibit Menthol Cigarettes Despite strong evidence from the FDA and TSPAC reports and continued research on the public health harms, the FDA has yet to take action to prohibit menthol cigarettes. ln 2013, the FDA issued an Advanced Notice of Proposed Rulemaking (ANPRM), soliciting additional research and comments from the public on prohibiting mentholcigarettes. ln 2018, the FDA issued anotherANPRM, seeking additional evidence on the public health harms of menthol cigarettes, along with other flavored tobacco products. Neither of these ANPRMs have led to the issuance of a rule to prohibit menthol cigarettes; however, in November 2018, FDA Commissioner Scott Gottlieb announced the agency's intention to ban menthol in combustible tobacco products, including cigarettes and cigars.55 This announcement received strong support from the public health and African American communities, including the NationalAssociation for the Advancement of Colored People (NAACP), the National Urban League, the NationalAfrican American Tobacco Prevention Network and the African American Tobacco Control Leadership Council.56 State and Local Action to Restrict the Sale of Menthol Tobacco Products States and localities can implement additional sales restrictions on menthol cigarettes and flavored non- cigarette tobacco products. Despite inevitable opposition from tobacco companies, states and localities have clear authority to restrict the sale of flavored tobacco products (or any tobacco product) to reduce tobacco use and its harms to its citizens. Over 200 localities around the country restrict sales of flavored tobacco products, and at least 30 of these include menthol cigarettes in their sales restriction.5T For example: a |n2017, the San Francisco Board of Supervisors unanimously passed an ordinance to prohibit the sale of all flavored tobacco products, including menthol cigarettes and e-cigarettes.ss This law, originally slated to go into effect on April 1 ,2018, is the strongest flavor restriction in the US. However, R.J. Reynolds, manufacturer of the top-selling menthol brand, quickly responded by gathering signatures for a referendum petition, allowing voters to decide on the June 2018 ballot whether the restriction should be implemented.se San Francisco residents ovenruhelmingly voted (68.4% to 31.6%)60 to implement the flavored tobacco sales restriction, despite the industry spending nearly $12 million to try to defeat the initiative.6l Many California municipalities, including Sacramento, have followed San Francisco's lead and passed comprehensive sales restrictions. Oakland, CA's ordinance, effective July 1, 2018, restricts the sale of all flavored tobacco products, including menthol cigarettes and e-cigarettes, except in adult-only tobacco retailers.62 Minneapolis and St. Paul, MN originally passed restrictions that restricted the sale of all flavored tobacco products, excluding menthol cigarettes, in all stores except adult-only tobacco retailers (effective 11112016 and 411512016, respectively). However, in 2017 , both cities voted to expand these laws to also restrict the sale of menthol flavored tobacco products in all stores except adult- only tobacco retailers and liquor stores (effective 81112018 and 1 11112018, respectively).63 The Canadian government banned menthol cigarettes in October 2017, allhough most provinces had banned menthol cigarettes prior to the nationwide law. Preliminary evaluation results from Ontario, which banned menthol cigarettes on January 1,2017, suggest that menthol smokers had higher rates of quitting and quit attempts following implementation of the law than non-menthol smokers.6a These results are promising, but it is important to note that menthol cigarettes comprised a much smaller proportion of the a a a a 111 Menthol Cigarettes / 6 Canadian cigarette marketplace (-5%)than the US marketplace (36%), and the demographics of menthol smokers are very different between the two countries. Campaign for Tobacco-Free Kids, June 20, 2019 / Laura Bach More information on Tobacco and African Americans is available at httos://www.tobaccofreekids.orq/fact-sheets/tobaccos-toll-health-harms-and-cosUtoll-of-tobacco- on-soecific-pooulations-african-americans More information on Flavored Tobacco Products is available at tfk.orq/flavortrap and http://www.tobaccofreekids.orq/research/factsheets/pdf/O383.pdf. 1 See U.S. Food and Drug Administration's (FDA) Flavored Tobacco webpage at htto:l/www.fda.qov/TobaccoProducts/GuidanceComplianceReq ulatorvlnformation/FlavoredTobacco/default.htm. 2 Kuiper, NM, et al., "Trends in sales of flavored and menthol tobacco products in the United States during 2011-2015," Nicotine &Tobacco Research, published online June 1, 2017. 3 U.S, Federal Trade Commission (FTC), Agarette Repot for 2017,2019, httos://www.ftc.qov/svstemlfiles/documents/reoorts/federal{rade- commission-ciqarette-reoort-2017jederal{rade-commission-smokeless-tobacco-reoorUftc ciqarette reoort 2017.0df [datafortop5 manufacturers only]. a FDA. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol versus Nonmenthol Clgarettes (2013). s Tobacco Products Scientific Advisory Committee (TPSAC), FDA, "Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, 201 1, httos r/lwayback.archive- it.orq/7993/20170405201731/httos:/www.fda.oov/downloads/AdvisorvCommittees/CommitteesMeetinqMaterials/TobaccoProductsScientificAdvi sorvCommittee/UCM269697. pdf . 6Chaiton,M0,etal.,'Banonmenthol-flavouredtobaccoproductspredictscigarettecessationatlyear: apopulationcohortstudy,'Tobacco Control, published online May 29,2019. Chaiton, M, et al., "Association of Ontarlo's ban on menthol cigarettes with smoking behavior 1 month after implementalion,' JAMA lnternal Medicine, published online March 5, 2018. 7 HHS, Preventing Tobacco Use Among Youth and Young Adults, A Report of the Surgeon General,2012, http: //www.cdc. qovlFeaturesff outhTobaccoUse/. 8 FDA. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol versus Nonmenthol Cigareftes (2013). e TPSAC, FDA, "Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, 201 1, https://wavback.archive- it.oro/7993/2017040520'1731/httos:/www.fda.qov/downloads/AdvisoryCommittees/CommitteesMeetinqMaterialsffobaccoProductsScientif icAdvi sorvCommittee/UCM269697.0df. 10 TPSAC, FDA, "Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, 201 1, https://wavback. archive- it.oro/7993i20170405201731/https:iwww.fda,qov/downloads/AdvisorvCommittees/CommitteesMeetinqMaterials/TobaccoProductsScientif icAdvi sorvCommittee/UCM269697. pdf. 11 Courtemanche, CJ, et al., 'lnfluence of the Flavored Cigarette Ban on Adolescent Tobacco Use,' American Journal of Preventive Medicine, published online January 9, 2017. 12 Villanti, A., et al.,'Changes in the prevalence and conelates of menthol cigarette use in the USA, 2004-2014," Tobacco Conlrol, published online October 20, 2016 13 Villanti, A., et al., "Changes in the prevalence and conelates of menthol cigarette use in the USA, 2004-2014 ," Tobacco Confrol, published online October 20,2016 1a SAMHSA's public online data analysis system (PDAS), National Survey on Drug Use and Health, 2015. hllp://pdas,samhsa.qov/#/surveylNSDUH-201 5- DS009'1/crosstab/?row=ClG30BR2&column=CATAG3&conlrol=NEWRACE2&weioht=ANALWT C&results received=true and https ://odas.sam hsa. qov/#/survey/NSDUH-20 1 5- QS!001/crosstab/?column=CATAG3&results received=true&row=ClG30BR2&weiqht=ANALWT C. 1a FDA. Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol versus NonmentholCrgaretfes (2013). 15 Cohn, AM, et al., "Menthol Smoking Patterns and Smoking Perceptions Among Youth: Findings from the Population Assessment of Tobacco and Health Study,'American Journal of Preventive Medicine, 56(4): ei07-e1 16, 2019. 16 D'Silva, J, et al., "Differences in Subjective Experiences to First Use of Menthol and Nonmenthol Cigarettes in a National Sample of young Adult Cigarette Smokers,' Nicotine &Tobacco Research,20(9): 1062-1068, 20.18. lTAnderson,SJ,etal.,"Marketingofmentholcigarettesandconsumerperceptions:areviewoftobaccoindustrydocumenls,'TobaccoControl, 20(Suppl 2): ii20-ii28, 2011. d 2013. Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes,"18 FDA, and Public Health:Evidence and 21,2011 112 Menthol Cigareftes / 7 20 TPSAC, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21 ,2011 htto://www.fda.qov/downloads/AdvisorvCommittees/CommitteesMeetinqMaterialsffobaccoProductsScientificAdvisorvCommittee/UCM269697 dl 21 Smith, SS, et al., 'Smoking cessation in smokers who smoke menthol and non-menthol cigarettes,' Addiction, 109 2107-2117 ,2014. 22 Smith, PH, et al., "Use of Mentholated Cigarettes and Likelihood of Smoking Cessation in the United States: A Meta-Analysis," Nicotine & Tobacco Research, 201 9, published online June 17 , 2019. 23 Estimate based on market share data from FfC, Cigarette Repot for 2014, 2016. lDala for top 5 manufaclurers onlyl and pack sales data from the Alcohol and Tobacco Tax and Trade Bureau (TTB), hftps;//www.ttb.qov/tobacco/tobacco-stats.shtml. 2a Giovino, GA, et al., "Differential trends in cigarette smoking in the USA: is menthol slowing progress?' Tobacco Control,2013. 25 Villanti, A., et al., " Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004 -2014 ,' Tobacco Confrol, published online October 20, 2016. 26 Hickman, NJ, et al.,'Menthol use among smokers with psychological distress: findings from the 2008 and 2009 National Survey on Drug Use and Health," Tobacco Control, 23 7 -13, 201 4. 27 Villanti, A., et al., " Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014 ,' Tobacco Control, published online October 20, 2016 28 TPSAC, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21,2011 http:/lwww.fda,qov/downloads/AdvisorvCommittees/CommitteesMeetinoMaterials/TobaccoProductsScientificAdvisoryCommitlee/UCM2696 97. pdl 2s FDA, "Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol Versus Nonmenthol Cigarettes," httpr//www.fda.oov/downloads/ScienceResearch/SpecialTopics/PeerReviewofScientificlnformationandAssessments/UCM361598.pdl 2013; Tobacco Products Scientific Advisory Committee, FDA, 'Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, 201 1, http://www.fda.qovldownloads/AdvisorvCommittees/CommitteesMeetinqlvlaterialsffobaccoProductsScientificAdvisoryCommittee/UCM2696 97: tr!j.; Alexander, LA, et al., 'Why we must continue to investigate menthol's role in the African American smoking paradox,' Nicotine & Tobacco Research, 18(S 1); S91-S1 01, 2016; 30 See e.9., CDC, 'Quitting Smoking Among Adults-United States, 2000-2015,' MMWR,65(52): 1457-1464, January 6,2017, httos:/iwww.cdc.qov/mmwr/volumes/65/wr/odfs/mm6552a1 odf. Royce, J, et al.,'Smoking cessation factors among African Americans and Whites: COMMIT Research Group," American Journal of Public Health 83(2):220-6, February 1993. https://www.fda.gov/advisoryCommittees/CommitteesMeetingMaterials/tobaccoproductsScientificAdvisoryCommittee/default.htm 31 TPSAC, FDA, "Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, 201 1, htlo://www.fda.oov/downloads/AdvisoryCommittees/CommitteesMeetinoMaterialsiTobaccoProductsScientificAdvisorvCommittee/UC[/2696 97. pd. 32 HHS, "Tobacco UseAmong US Racial/Ethnic Minority Groups-African Americans, American lndians and Alaskan Natives, Asian Americans and Paciflc lslanders, and Hispanics: A Report of the Surgeon General,' '1998, http://www.cdc.qov/tobacco/data statisticslsqrll99S/complete reoort/pdfsicomplete report.pdf. 33 American Cancer Society, "Cancer Facts & Figures for African Americans, 2016-2018,' 2016, htto.//www.cancer.oro/acs/qroups/contenU@editorial/documents/documenUacs0c-047403. odf. 3a Alexander, LA, et al., "Why we must continue to investigate menthol's role in the African American smoking paradox," Nicotine & Tobacco Research, lS (Suppl 1): S91-S'101, 2016. 35 TPSAC, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21, 201 1 htlos://wayback.archive- it oro/7993i20'170405201731/https:lwww.fda.qovldownloads/AdvisoryCommitteeslCommitteesMeetinqMaterials/TobaccoProductsScientif icAdvi sorvCommittee/UCM269697, pdf . 36 Hafez, N. & Ling, P.M. "Finding the Kool Mixx: how Brown & Williamson used music marketing to sell cigarettes,' Tobacco Control 15 359- 366, 2006. See also Yerger, VB, et al., 'Racialized geography, corporate activity, and health disparities: Tobacco industry targeting of inner cilies," Journal of Health Careforthe Poor and Underserued,18: 10-38, 2007. RJ Reynolds. Black Street Scenes: review and recommendations, Winston-Salem, NC: R.J. Reynolds Tobacco Company, 1983. Available at htto://leoacv.librarv.ucsf.edu/tidionb19d00. 37 Hafez, N, & Ling, P, 'Finding the Kool Mixx: how Brown & Williamson used music marketing to sell cigarettes,' Tobacco Control,15:359- 366, 2006. 38 Alpert, H, Koh, HK, & Connolly, GN, 'After the Master Settlement Agreement: Targeting and exposure of youth to magazine tobacco advertising," Health Affais 27(6):w503-w512, 2008. 3s King, C, et al., 'The Master Settlement Agreement with the tobacco industry and cigarette adveilsing in magazines," New England Journal of Medicine 345(7).504-1 1, August 2001. a0Landrine,H,etal.,"CigaretteadveilsinginBlack,LatinoandWhitemagazines, 1998-2002: Anexploratoryinvestigation," EthnicDisparities 15(1):63-7,2005. a1 Fernandez, S, et al., 'Cigarette Advertising in Magazines for Latin as, White Women, and Men, 1998-2002: A Preliminary lnvestigation,' lournal of Community Health,30(2): 141 -1 51, 2005. a2 RJ Reynolds. Strategic Research Report: The 1981 Brand Family Segmentation Study. Mangini, 1982. httos:i /www. industrvdocumentslibrarv.ucsf.edu/tobaccoidocs/#id=2fbf0092. € Anderson, SJ, et al., "Marketing of menthol cigarette sand consumer perceptions: a review of tobacco industry documenls,' Tobacco Control, 20(Suppl 2): ii20 -ii28, 201 1. uHafez,N,&Ling,P,"FindingtheKool Mixx: howBrown&Williamsonusedmusicmarketingtosell cigarettes," TobaccoControl,15:359- 366, 2006. 113 Menthol Cigarettes / 8 asYerger,VB,etal.,"Racializedgeography,corporateactivity,andhealthdisparities: Tobaccoinduskytargetingofinnercities," Journal of Health Care for the Poor and Underserved,l S: 10-38, 2007. Hafez, N. & Ling, P.M. "Finding the Kool Mixx: how Brown & Williamson used music marketing to sell cigarettes," Tobacco Control 15:359-366, 2006. 6 Hudson RC, Brown & Williamson. lnner city POP Program. Macon, GA: Brown & Williamson Tobacco Corporation, 1979 Oct 15. http://leqacv. librarv, ucsf ,edu/tid/icb9 1 d00. aTYerger,VB,etal.,"Racializedgeography,corporateactivity,andhealthdisparities: Tobaccoindustrytargetingof innercities,'Journal of Health Care for the Poor and Underseryed, 'l 8: 1 0-38, 2007. aB Lee, JGL, et al., "A Systematic Review of Neighborhood Disparities in Point-of-Sale Tobacco Marketing,' Ameican Journal of Public Health, published online ahead of print July 16, 2015. ae Rodriguez, D, et al., 'Predictors of tobacco outlet density nationwide: a geographic analysis," Tobacco Control published online first on April 4, 2012. See also Lee, JGL, et al., 'lnequalities in tobacco outlet density by race, ethnicity and socioeconomic status, 2012, USA: results from the ASPIRE Study," Joumal of Epidemiology and Community Health, published online March 1, 20'17. 50 Resnick, EA, et al., Cigarefte Pricing Difters by U.S Neighborhoods-A BTG Research Erlell Chicago, lL: Bridging the Gap Program, Health Policy Center, lnstitute for Health Resarch and Policy, University of lllinois at Chicago, 2012, www.bridqinqtheqapresearch.orq. 51 Schleicher, N, et al., "Tobacco Marketing in California's Retail Environment (2008-201 1), Final report for the California Tobacco Advertising Survey. Stanford, CA: Stanford Prevention Research Center, July 2013. 52 Henriksen, 1., et al,, "Targeted Advertising, Promotion, and Price for Menthol Cigarettes in California High School Neighborh oods," Nicotine & Tobacco Research, June24,2011. s3Moreland-Russell,S."DisparitiesandMenthol Marketing: Additional EvidenceinSupportof Pointof SalePolicies," lnternational Journal of Environmental Research and Public Health,10: 4571-4583, 2013 sa Widome, R, et al., "The relationship of neighborhood demographic characteristics to point-of-sale tobacco advertising and marketing,' Ethnicity & Disease 18(2): 136-151, 2013. ss FDA, "Statement from FDA Commissioner Scott Gottlieb, M.D,, on proposed new stesp to protect youth by preventing access to flavored tobacco products and banning menthol in cigarettes," November 15, 2018, https://www.fda.qov/NewsEvents/Newsroom/PressAnnouncements/ucm625884.htm. 56 NAACP, "NAACP Statement on FDA Plan to Ban Sale of Menthol and E-Cigarettes,' November 14,2018, httos://www,naaco.oro/latesVnaaco-statemenl-fba-plan-ban-sale-menthol-e-ciqarettes/. National Urban League, "National Urban League: Proposed Menthol Cigarefte Ban Would Benefit African Americans' Health," November 13, 2018, htto://n ul. iamemoowered.comlcontenti national-urban-leaque-proposed-menthol-ciqarette-ban-would-benefitafrican-americans-health. s7 Campaign for Tobacco-Free Kids, "States & Localities That Have Restricted the Sale of Flavored Tobacco Products,' httos ://www. tobaccof reekids. orq/assets/f acts heets/0398. pdf . 58 San Francisco Health Code 140-17, Banning the Sale of Flavored Tobacco Products, httpJ/sfbos.org/sites/defaulUfiles/00140-17.pdf 5e Swan, R., " SF's battle over flavored tobacco heats up," San Francisco Chronicle, September 4, 20 1 7, http://www.sfchronicle.com/bavarea/article/SF-s-battl+over-flavored-tobacceheats-u o- 1 2172353, oh o. Matier & Ross, "SF ban on flavored tobacco looks headed for the ballot,' San Francisco Chronicle, July 26,2017 , htto://www,sfchronicle.com/bayarea/article/SF-ban-onjlavored- tobacco-looks-headedJor-the-1 1 408689.ph0. 60 City and County of San Francisco Department of Elections. June 5, 2018 Election Results - Summary. See Local Measure E - Prohibiting Tobacco Retailers from Selling Flavored Tobacco Products. httos://sfeleclions.sfqov.orq/iune-5-2018-election-results-summarv. 61 Hoffman, J. "San Francisco Voters Uphold Ban on Flavored Tobacco Products,' New York Imes, June 6, 201 8, https:/iwww. nvtimes.com12018/06/06/health/vapino-ban-san-francisco.html. 62 Oakland Municipal Code Chapter 5.91, Licensure ofTobacco Retailers, https://library.municode,com/caloaklandiordinances/code of ordinances?nodeld=854090. 63 Minneapolis, MN. Municipal Code, Tobacco Dealers: https://www.municode.com/librarv/mn/minneapolis/codes/code of ordinances?nodeld=C00R TITI3LlBURE CH2B1TODE 281,'1SDE St Paul, MN Leoislative Code Chaoter 324. https://stpaul leoistar.comileqislationDetail.aspx?lD=3145418&GUID=42F0956E-EBB2-43E4-A74C- 76FCC9A9E37C&0ptions=&Search= . 6a Chaiton, M0, et al., "Ban on mentholJlavoured tobacco products predicts cigarette cessation at 1 year: a population coho( study," Tobacco Confrol, published online May 29,2019. Chaiton, M, et al.,'Association of Ontario's ban on menthol cigarettes with smoking behavior 1 month after implementalion," JAMA lnternal Medicine, published online March 5, 2018. 114 FLAVORED TOBACCO PRODUCTS ATTRACT KIDS Cigarettes with specific characterizing flavors were prohibited in the U.S. on September 22, 2009, as part of the Family Smoking Prevention and Tobacco Control Act (TCA) that gave the U.S. Food and Drug Administration (FDA) authority over tobacco products.l However, before that, tobacco companies marketed cigarettes with flavors, images, and names that appealed to a young audience. Despite the FDA's ban on flavored cigarettes, the overall market for flavored tobacco products is growing. Continuing a long tradition of designing products that appeal explicitly to new users, tobacco companies in recent years have significantly stepped up the introduction and marketing of flavored other tobacco products (OTPs), particularly e-cigarettes and cigars, as well as smokeless tobacco and hookah. With their colorful packaging and sweet flavors, today's flavored tobacco products are often hard to distinguish from the candy displays near which they are frequently placed in retail outlets. Although tobacco companies claim to be responding to adult tobacco users' demand for variety, flavored tobacco products play a key role in enticing new users, particularly kids, to a lifetime of addiction. This growing market for flavored tobacco products is undermining the nation's overall progress in reducing youth tobacco use. Flavored Tobacco Products are on the Rise Tobacco companies market products in many kid-friendly flavors such as gummy bear, berry blend, chocolate, peach, cotton candy, strawberry, and grape, and more seem inevitable. "Candy-flavored" is, in fact, an appropriate way to describe these products since a recent chemical analysis has shown that the same flavor chemicals used in sweet-flavored cigars of various sizes and smokeless tobacco products are also used in popular candy and drink products such as LifeSavers, Jolly Ranchers, and Kool-Aid.2 A 2013 survey of internet tobacco retailers found that more than 40 percent of cigarette-sized cigars, machine-made cigars, moist snuff, and dry snuff tobacco products were flavored, including fruit, sweet, and mint/menthol.3 An article in Convenience Sfore News stated, "flavored tobacco is offering a bright spot in the category," referring to the increased tobacco sales - and number of consumers - in stores that sell such products.a Cigars. Historically, cigar manufacturers designed flavored cigars to serve as "starter" smokes for youth and young adults because the flavorings helped mask the harshness, making the products easier to smoke.s Recently, there has been an explosion of cheap, flavored cigars. Sales of all cigars (i.e., large cigars, cigarillos and small cigars) more than doubled between 2000 and 2017, from 6.1 billion cigars to 13.3 billion cigars, and sales have been generally increasing at a time when cigarette sales have been declining.6 Much of the growth in cigar sales can be attributed to smaller types of cigars, many of them flavored. An industry publication stated, "While different cigars target a variety of markets, all flavored tobacco products tend to appeal primarily to younger consumers."T These products are often colorfully packaged and much cheaper than cigarettes; for instance, cigarillos can be priced as low as 3 or 4 for 99 cents, making them even more appealing to price-sensitive youth. There has been an explosive groMh in flavor options for cigars, such as candy, fruit, chocolate, and various other kid-attracting tastes. The vice president of one distributor commented, "For a while it felt as if we were operating a Baskin-Robbins ice cream store" in reference to the huge variety of cigar flavors available - and, no doubt, an allusion to flavors that would appeal to kids.8 Flavored cigars have made a substantial contribution to the overall groMh of the cigar market. 2015 Nielsen convenience store market scanner data show that sales of flavored cigars increased by nearly 50 percent since 2008. As a proportion of all cigar sales in these stores, the share of flavored cigars rose from 43.6 percent in 2008 lo 52.1 percent in 2015. Among flavored cigars sold in these stores in 2015, the most popular flavors were fruit (38.8 percent), sweet or candy (21.2 percent), and wine (17.0 percent). Further, the number of unique cigar flavor names more than doubled from 2008 1400 I Street NW . Suite 1200 . Washington, DC 20005 Phone (202) 296-5469 Fax (202) 296-5427 . www.tobaccof reekids. org Rtt I 115 Flavored Tobacco Products Attract Kids / 2 to 2015, from 108 to 250.e lncluding additional store types, Nielsen data showed that flavored cigars made up 43 percent of cigar sales in 2015, an increase from 2011.10 . The top five most popular cigar brands among 12- to 17-year olds who have used cigars - Swisher Sweets, Black & Mild, Backwoods, White Owl, and Dutch Masters - all come in flavor varieties.ll For example, Black & Mild cigars come in flavors such as apple and cherry; Swisher Sweets comes in a huge variety of flavors such as tropical fusion, Maui pineapple, twisted berry, cherry dynamite and banana smash; and White Owl has flavors such as mango, tropical twist, strawberry kiwi and peach. Altria, the nation's largest tobacco manufacturer and parent company of Philip Morris USA, epanded its business to the cigar category in2OO7 by acquiring John Middleton, lnc., which sells Black & Mild. . Nielsen convenience store market scanner data also show an increasing number of products with names that do not explicitly identify a flavor, such as Swisher's "Wild Rush" and Altria's "Jazz," even though they are flavored. From 2012 to 2016, the proportion of all cigar sales comprised by these products (which researchers call"concept flavors") increased from 9 percent to 15 percent. The increase was greatest among cigarillos, among which the number of unique concept flavors more than doubled , from 17 lo 46.12 This strategy could be an attempt by cigar manufacturers to circumvent or complicate enforcement of local sales restrictions on characterizing flavors, some of which rely on definitions that describe flavors. Since the Tobacco ControlAct prohibited flavored cigarettes in 2009, cigarette makers have manipulated their products to qualify as "little" or "filtered" cigars.13 For instance,the2Ol2 Surgeon General's report, Preventing Tobacco Use Among Youth and Young Adults, noted that flavored cigarettes such as Sweet Dreams re-emerged as Sweet Dreams flavored cigars after the federal restriction on flavored cigarettes went into effect.la ln October 2009, U.S. Representatives Henry Waxman and Bart Stupak sent letters to two flavored cigarette companies, Cheyenne lnternational and Kretek lnternational, that began making little cigars shortly after the federal flavored cigarette ban went into effect.15 Rep. Waxnan discovered that Kretek lnternational intentionally changed their cigarettes to cigars to exploit a loophole in the TCA.16 ln December 2016, the FDA issued warning letters to four tobacco manufacturers - Swisher lnternational, lnc., Cheyenne lnternational LLC, Prime Time lnternationalCo. and Southern Cross Tobacco Company lnc. - for marketing and selling fruit-flavored cigarettes labeled as cigars, in violation of the 2009 Tobacco Control Act.17 Electronic Cigarettes. Although these products are relatively new to the market, the variety of flavors available for use in e-cigarettes has grown exponentially. E-cigarette marketing employs many of the same strategies used for years by cigarette manufacturers that proved so effective in reaching kids, such as celebrity endorsements, slick TV and magazine advertisements, and sports and music sponsorships. Another strategy has been the widespread marketing of e-cigarettes and nicotine "e-juice" with a wild assortment of candy, fruit and other flavors. Flavors are not just a critical part of the product design, but are a key marketing ploy for the industry. The 2016 Surgeon General Report on e-cigarettes concluded that, "E-cigarettes are marketed by promoting flavors and using a wide variety of media channels and approaches that have been used in the past for marketing conventional tobacco products to youth and young adults."18 . As of 2017, researchers had identified more than 15,500 unique e-cigarette flavors available online.le An earlier study of e-cigarette flavors found that among the more than 400 brands available online in 2014, 84 percent offered fruit flavors and 80 percent offered candy and dessert flavors.20 ' ln addition to the more traditional candy and fruit flavors like cherry and chocolate, the liquid nicotine solutions are also being sold in such kid-friendly options as cotton candy, root beer float, and banana split. One study even uncovered over twenty different types of unicorn-flavored e-liquid, often paired with cartoon imagery, undoubtedly appealing to kids.21 ' The top three cigarette manufacturers now sell e-cigarettes in a variety of flavors other than tobacco. Altria's MarkTen brand e-cigarettes come in flavors such as Apple Cider, Strawberry Brulee, "Mardi Gras" and "Caribbean Oasis" varieties. Reynolds American's Vuse product comes ih flavors such as Melon, Nectar, Berry, Mint and Chai, while ITG Brand's blu e-cigarette features such flavors as Berry Cobbler, Blueberry, Cherry Crush, Strawberry Mint, Mango Apricot and Green Apple. JUUL, an independent company that has rapidly emerged as the market leader among tracied retailers as of lale 2017 , comes in eight flavors, including Mango, Fruit and Cucumber.116 Flavored Tobacco Products Attract Kids / 3 . "Vape shops," which are specialty e-cigarette retail stores, offer an even wider assortment of flavors. ln addition to the pre-made options, these stores allow patrons to mix their own preferred flavor combinations.22 The use of flavors in e-cigarette products is of even greater concern because e-cigarettes are the subject of extensive advertising campaigns, and there is evidence that young people are exposed to significant amounts of e-cigarette advertising. ln2012, e-cigarette companies began airing media campaigns on television. One study found that exposure of youth aged 12-17 to television e-cigarette advertising increased 256 percent from 2011 lo 2013 and that e-cigarette companies advertise their products to a broad audience that includes 24 million youth.23 Ads for the blu brand (then owned by Lorillard) accounted for 81 percent of the youth exposure.2a The 2016 NationalYouth Tobacco Survey found that 78.2 percent of middle and high school students-20.5 million youth-had been exposed to e-cigarette advertisements from at least one source, an increase from 68.9 percent in2014.25 Smokeless Tobacco. The variety of flavored smokeless tobacco products has grown over time and continues to grow. . U.S. Smokeless Tobacco Company (UST, owned by Philip Morris USA's parent company, Altria) increased the number of its sub-brands-including flavored products-by 140 percent from 2000 to 2006 in order to "cast a wide net" and appeal to as many potential users as possible.26 ln2011, more than 80 percent of Skoal smokeless tobacco sold in convenience stores was flavored; and more than one out of five (21.1%) were fruit-flavored.27 Current Skoal flavors include kid-friendly peach, citrus, cherry, berry, and apple. . Between 2005 and 201 1, sales of moist snuff increased by more than two-thirds; increases in the sale of flavored moist snuff accounted for about 60 percent of this growth.28 |n2012, flavored products made up more than half (58%) of all smokeless tobacco sales. Menthol and mint flavors are most popular, followed by fruit flavors.2e . ln 2015, flavored products made up more than half of all smokeless tobacco sales. Menthol and mint flavors were by far the most popular.30 . A trade publication for convenience stores quoted one retailer stating, "ln the case of smokeless tobacco, you get a new flavor once every quarter."31 Hookah. Hookahs (water pipes) originate from Middle Eastern countries, but their use has rapidly increased in the U.S. The tobacco used in hookah often has flavorings or sweeteners added to enhance the taste and aroma. ln the U.S., even more kid-friendly flavors are available, such as watermelon, tropicalfruit, orange cream, caramel, chocolate, tutti frutti, vanilla and strawberry.32 Cigarettes. Menthol cigarettes, the only remaining flavored cigarette, maintain a significant market share. While overall cigarette sales have been declining, the proportion of smokers using menthol cigarettes has been increasing.33 . Data from the Federal Trade Commission (FTC) show that in 2017 (the most recent year for which data are available), menthol cigarettes comprised 36 percent of the market, the highest proportion on record since FTC began collecting this data in 1963.s . Before cigarettes with specific characterizing flavors were prohibited by the Tobacco Control Act, R.J. Reynolds'"Camel Exotic Blends" came in flavors such as Twista Lime, Kauai Kolada, Warm Winter Toffee and Winter Mocha Mint, among others. Bright, colorful and alluring ads for these cigarettes have appeared in magazines popularwith kids, including Rolling Sfone, Cosmopolitan and Sporfs lllustrated. . Using data from the 1 999-2013 Youth Tobacco Surveys, a 2017 study analyzed the impact of the 2009 ban on characterizing flavors in cigarettes on youth tobacco use. The researchers found that cigarette use declined significantly after the ban, whereas cigar and pipe tobacco use significantly increased. Further, use of menthol cigarettes, the only remaining flavored cigarette, increased significantly after the ban.35 117 Flavored Tobacco Products Attract Kids / 4 Flavored Products Appealto Youth and Young Adults Research shows that flavored products - no matter what the tobacco product - appeal to youth and young adults. Data from the 20'13-2014 Population Assessment of Tobacco and Health (PATH) study found that 80.8 percent of 12-17 year olds who had ever used a tobacco product initiated tobacco use with a flavored product, and that 79.8 percent of current tobacco users had used a flavored tobacco product in the past month.36 Moreover, for each tobacco product, at least two{hirds of youth reported using these products "because they come in flavors I like."37 Additional national data from lhe 2017 National Youth Tobacco Survey (NYTS) found that 63.6 percent of current middle and high school tobacco users had used a flavored tobacco product in the past month. 38 According to the NYTS, youth who use flavored tobacco products are also more likely to be dual or poly tobacco users. Use of multiple tobacco products is associated with increased risk of addiction and long- term tobacco use.3eAnother nationalstudyfound that 18.5 percent of young adulttobacco users (18-34 years old) currently use a flavored tobacco product, with younger age being a predictor of flavored tobacco product use. ln fact, the study found that those aged 18-24 years old had an 89 percent increased odds of using a flavored tobacco product compared to those aged 25-34 years old.a0 According to the 2012 Surgeon General Report, "Much of the growing popularity of small cigars and smokeless tobacco is among younger adult consumers (aged <30 years) and appears to be linked to the marketing of flavored tobacco products that, like cigarettes, might be expected to be attractive to youth."al The 2016 Surgeon General Report on e-cigarettes concluded that flavors are among the most commonly cited reasons for using e-cigarettes among youth and young adults.a2 Cigars. More than 2,100 children under age 18 try cigar smoking for the first time every day.a3 Teens and young adults are much more likely than adults 25 years and olderto report smoking cigars.aa Research demonstrates that flavored cigars are driving much of this usage and not surprisingly, flavored cigars are the most popular among youth. Cheap, sweet cigars can serve as an entry product for kids to a lifetime of smoking. . The 2016-2017 wave of the PATH study found that 56.8 percent of 12-17 year olds who had ever smoked cigarillos started with a flavored product.a5 Older data from the 2013-2014 wave of the PATH study, which assessed use of all cigar types, found that 71.7 percent of current youth cigar smokers had used a flavored product in the last month and that 73.8 percent smoked cigars "because they come in flavors I like."a6 . While the methodology is not comparable to the PATH study, the 2017 NYTS found that half (49.0o/o) of middle and high school cigar smokers had smoked a flavored cigar in the past month.aT . National data suggest that flavored cigar products are driving cigar use among adults, particularly young adults. With few exceptions, use of flavored cigars among adult cigar smokers is highest among those groups with the highest overallcigar use rates, including young adults aged 18-24 (57 .1%), income below $20,000 (51.7%), and non-Hispanic others (62.4%).48 . Data from the NationalAdult Tobacco Survey indicate that use of flavored cigars decreases with age. Flavored cigar use among cigar smokers was 57.1 percent among 18-24 year olds, 43.2 percent among 25-44 year olds, 28.9 percent among 45-64 year olds and 13.4 percent among those ages 65 and older.as ' Youth and young adults prefer brands that come in a variety of flavors, and that preference declines significantly with age - in one study, 95 percent of 12-17 year old cigar smokers reported a usual brand that makes flavored cigars compared with 63 percent of cigar smokers aged 35 and older.50 E-Cigarettes. Given the dramatic growth in the availability and marketing of flavored e-cigarettes, it's no surprise that e-cigarettes have been the most commonly used tobacco product among youth since 2014. Among high schoolstudents, e-cigarette use increased from 1.5 percent in2Oll to 20.8 percent in 2018, including a 78 percent increase lrom 2017 to 2018. More than 3.6 million middle and high school students were current e-cigarette users in 2018.51 One tobacco company has even acknowledged that youth are attracted to sweet flavored products. Lorillard lnc.'s Youth Smoking Prevention Program posted a page on e-cigarettes on its "Real parents 118 Flavored Tobacco Products Attract Kids / 5 Real Questions" website that stated: "Kids may be particularly vulnerable to trying e-cigarettes due to an abundance of fun flavors such as cherry, vanilla, pina-colada and berry."52 Data from the 2016-201 7 wave of the PATH study found that 96.1 percent of 12-17 year olds who had initiated e-cigarette use since the last survey wave started with a flavored product. Additionally, it found that 97 percent of current youth e-cigarette users had used a flavored e-cigarette in the past month and 70.3 percent say they use e-cigarettes "because they come in flavors I like."s3 The 2018 NYTS found that 67.8 percent of high schoole-cigarette users had used a flavored e- cigarette in the past month, an increase from 60.9 percent in 2017 . Current use of menthol or mint flavored e-cigarettes among high school e-cigarette users also increased from 42.3 percent in2017 lo 51.2 percent in 2018.54 f he 2013-2014 National Adult Tobacco Survey found that use of flavored e-cigarettes was highest among young adults (ages 18-24), compared to those over age 25, and that flavored e-cigarettes were most popular among adults who were never cigarette smokers.55 A national phone survey found that youth (ages 13-17) were more likely to report interest in trying an e-cigarette offered by a friend if it were flavored like fruit, candy or menthol, compared to tobacco. This study also found that youth believed that fruit-flavored e-cigarettes were less harmful than tobacco-flavored e-cigarettes. 56 Another study found that compared to college students, high school students were more likely to report experimenting with e-cigarettes because of appealing flavors (47 percent vs. 33 percent).s7 Smokeless Tobacco. As with cigarettes, characterizing flavors in other tobacco products (OTPs) mask the tobacco flavor, and can make the products appealing to youth. Smokeless (or spit) tobacco companies, particularly the U.S. Smokeless Tobacco Company (UST), have a long history of creating new products that appealto kids and marketing them aggressively to children in order to "graduate" them to more potent smokeless tobacco varieties.5s Although cigarette smoking among youth in the U.S. has declined rapidly since the Tobacco ControlAct went into effect, use of smokeless tobacco among youth has not followed that same trend, and among boys the prevalence of smokeless tobacco use is now slightly higher than that of cigarettes (7.7o/o vs. 7.6o/0).5e . The 2013-2014 PATH study found that 68.9 percent of 12-17 year olds who had ever used smokeless tobacco used flavored smokeless tobacco the first time they tried the product, and 81 percent of current smokeless tobacco users had used a flavored product in the last month. 60 . 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.61 Hookah. Research shows that many youth and young adults perceive hookah to be safer than other combustible tobacco products.62 However, according to the CDC, using a hookah to smoke tobacco poses serious health risks to smokers and others exposed to the smoke from the hookah.63 Because the flavors and the smoking technique create a more soothing ("smooth") experience, hookah smokers can inhale more deeply and spend more time in a "hookah session," which typically lasts for 40 to 45 minutes (three to four times longer than it takes to smoke a cigarette). While a typical cigarette requires about 20 puffs, an hour-long hookah session may involve 100 to 200 puffs6a, potentially exposing the userto more smoke over a greater period of time than what occurs when smoking a regular cigarette.65 The appeal of flavored hookah undoubtedly contributes to its popularity among youth and young adults. . The 2013-2014 PATH study found that 88.7 percent of 12-17 year olds who had ever smoked hookah used flavored hookah the first time they tried the product, and 89 percent of current hookah users had used a flavored product in the last month.66 . According to the PATH study, use of flavored tobacco is highest for users of hookah than for any other tobacco product, and more than three-quarters (78.9 percent) of youth hookah users reported that they use hookah "because they come in flavors I like."67 119 Flavored Tobacco Products Attract Kids / 6 . The 2017 NYTS found that 30.6 percent of middle and high school hookah users had used flavored hookah in the past month.68 Cigarettes. As the only flavored cigarette left on the market, it is no surprise that menthol cigarettes are popular among youth. Menthol cools and numbs the throat, reducing the harshness of cigarette smoke, thereby making menthol cigarettes more appealing to youth who are initiating tobacco use. 6s Over half (54 percent) of youth smokers ages 12-17 use menthol cigarettes compared to one-third (32 percent) of older adult smokers.T0 Prevalence of menthol use is even higher among African Americans: 85 percent of allAfrican-American smokers smoke menthol cigarettes and seven out of ten African-American youth smokers smoke menthol cigarettes.Tl The popularity of mentholflavored cigarettes is also evidenced by brand preference among youth. According to data from the 2016 National Survey on Drug Use and Health, about one in five (18.9%) smokers ages 12-17 prefers Newport cigarettes, a heavily marketed menthol cigarette brand. Preference for Newport is even higher among African-American youth smokers (70.9 percent) because of targeted marketing by the tobacco industry. 72 Daily menthol cigarette smokers have higher odds of also using flavored little cigars/cigarillos compared to occasional non-menthol smokers.T3 According to FDA's Tobacco Product Scientific Advisory Committee (TPSAC):74 . Menthol cigarettes increase the number of children who experiment with cigarettes and the number of children who become regular smokers, increasing overall youth smoking. . Young people who initiate using menthol cigarettes are more likely to become addicted and become longterm daily smokers. . The availability of menthol cigarettes reduces smoking cessation, especially among African- Americans, and increases the overall prevalence of smoking among African Americans. FDA's own scientific analysis concluded that menthol cigarettes lead to increased smoking initiation among youth and young adults, greater addiction and decreased success in quitting smoking.T5 Although they are no longer on the market, older studies on flavored cigarettes other than menthol are still relevant to reinforce the general appeal of flavors to youth and young adults. When they were available, flavored cigarettes were being tried and used primarily by the young.76 Candy-flavored cigarettes clearly had their greatest appeal to new smokers, 90 percent of whom were teens or younger. Research indicated that youth and young adults were more likely to notice flavored tobacco products and their ads, and this awareness translated into higher use rates among young smokers. . Older adolescents and young adults aged 17 to 19 years old were more than twice as likely to report using flavored cigarettes (specifically Camel Exotic blends, Kool Smooth Fusion or Salem Silver Label brands) in the past 30 days compared to those aged 22 years or older.77 . A significant gradient in flavored cigarette use was seen across age, with the highest rates of utilization among 17 year old smokers (22.8%) and '18-19 year old smokers (21 .7%). Nine percent of 24-26 year olds reported flavored cigarette use.78 Tobacco Companies Have Long Recognized that Flavored Products Appealto Youth The tobacco companies know that almost all new tobacco users begin their addiction as kids, but they also know that to novice smokers, tobacco can be harsh and unappealing. lnternal tobacco industry documents show that tobacco companies have a long history of using flavors to reduce the harshness of their products to make them more appealing to new users, almost allof whom are underage 18.7e By masking the harshness and soothing the irritation caused by tobacco smoke, flavors make it easier for beginners - primarily kids - to try the product and ultimately become addicted. As early as the 1970s, the tobacco companies were discussing the "benefits" of sweet flavors. Their internal documents and public statements show that the tobacco industry's use of sweet flavors goes beyond just encouraging current smokers to switch brands, but rather to attract new users, mostly kids. 120 Flavored Tobacco Products Attract Kids / 7 As early as 1972, advisors to Brown & Williamson reviewed new concepts for a "youth cigarette," including cola and apple flavors, and a "svveet flavor cigareffe," stating, " lt's a well-known fact that teenagers like sweet products. Honey might be considered."so A 1974 summary of an RJR meeting discussed cigarettes designed for beginning smokers, noting that such a cigarette should be"low in irritation and possibly contain added flavors to make it easierfor those who never smoked before to acquire the taste of it more quickly."81 An RJR interoffice memo revealed ideas for new products'. "Make a cigarette which is obviously youth oriented. This could involve cigarette name, blend, flavor and marketing technique....for example, a flavor which would be candy-like but give the satisfaction of a cigarette.'B2 A Lorillard report summarizing the test results from new cigarette flavors, included smokers' description of "Tutti Frutti" flavored cigarettes as"for younger people, beginner cigarette smokers, teenagers . . . when you feel like a light smoke, want to be reminded of bubblegum."83 A UST document called "The graduation theory" stated: "New users of smokeless tobacco - attracted to the product 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."8a A former UST sales representative revealed lhal, " Cherry Skoa/ is for somebody who likes the taste of candy, if you know what I'm saying "85 What States and Localities Can Do ln addition to the federal ban on flavored cigarettes, states and localities can implement additional sales restrictions to address the remaining flavored tobacco products on the market, including menthol cigarettes, and their appeal to youth and young adults. Despite inevitable pushback from the tobacco companies, states and localities have clear authority to restrict the sale of flavored tobacco products to reduce tobacco use and its harms to its citizens. Courts have held that state and local governments can prohibit or restrict the sale of flavored tobacco products and have rejected the argument that a prohibition on the sale or distribution of flavored products raises First Amendment issues.86 At least two states and over 180 localities restrict sales of flavored tobacco products, although laws differ in their application to specific products and store types. At least a dozen of these localities restrict the sale of menthol cigarettes. For a list of state and localities that have passed restrictions on the sale of flavored tobacco products, visit: https./lwww.tobaccofreekids.orq/assetsifactsheets/0398. pdf . Campaign for Tobacco-Free Kids, May 3, 2019 / Laura Bach 1 See U.S. Food and Drug Administration's (FDA) Flavored Tobacco webpage al http:llwww.fda. oov/TobaccoProducts/GuidanceCom olianceReq ulatorylnformation/FlavoredTobacco/default. htm. 2 Brown, JE, et al., "Candy Flavorings in Tobacco," New England Journal of Medicine, DOl: 10.1056/NEJMo1403015, May 7 ,2014, http:i/www.neim.orq/doi/fullll 0. 1 056/NEJMc 1 4030 1 5. 3 Morris, DS, Fiala, SC, "Flavoured, non-cigarette tobacco for sale in the USA: an inventory analysis of lnternet retailers," Tobacco Control [Epub ahead of print] doi: 10.1136/tobaccocontrol-2013-051059, August 8, 2013. a 'Flavors Add New Dimension to Tobacco," Convenience Sfore News, October 1, 2007. sKostygina,G,Glantz,S,&Ling,PM,'Tobaccoindustryuseofflavourslorecruitnewusersoflittlecigarsandcigarillos,'TobaccoControl 25(11.66-7 4, January 20 1 6. 6 U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB), Tobacco Statistics, December 2000 & December 2017, hltos ://www.ttb.oov/tobacco/tobacco-stats.shtml. 7 Niksic, M,'Flavored Smokes: Mmmmm...More Profits?"Iobacco Retailer, April 2007, http://tobacco- retailer,comluploads/Features1200710407 flavored smokes,asp. 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The website for VapeRite ATL also boasts lhal customers can 'mix well over 100,000 possible flavor and mix type combinations" lhtlps ://atlanta.vaperite.comr# vape-bar, accessed May 30, 20 1 4]. 23Duke,JC,etal.,"ExposuretoElectronicCigaretteTelevisionAdvertisementsAmongYouthandYoungAdults," Pediatrics,June2,2014. 2aDuke,JC,etal.,"ExposuretoElectronicCigaretteTelevisionAdvertisementsAmongYouthandYoungAdults," Pediatrics,June2,2014 z5 CDC, "Exposure to Electronic Cigarette Advertising Among Middle and High School Students-United States, 2014-2016,' MMWR67(10): 294-299, March 16, 2018, https://www cdc.qov/mmwr/volumes/67lwr/pdfslmm6710a3-H,pdf. 26 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. 27 Delnevo, C, et al., "Examining markettrends in the United States smokeless tobacco use: 2005 -2011,' Tobacco Confrol October 31,2012, doi:1 0. 1 1 36/tobaccoconhol-20 1 2-050739. 28 Delnevo, CD, etal.,'Examining markettrends in the United States smokeless tobacco use:2005-2011,' TobaccoControl,23. l07-112,2014. 2e Chaloupka, F, et al,, Analysis of 2012 Nielsen Store Data, results forthcoming. 30 Kuiper, NM, et al., "Trends in sales of flavored and menthol tobacco products in the United States during 2011-2015,' Nicotine &Tobacco Research, published online June 1, 2017. 31"Flavors Add New Dimension to Tobacco," Convenience Store News, October 1, 2007. 32 American Lung Association , An Emerging Deadly Trend: Waterpipe Tobacco Use, February 2007, http //www lunqusa2.oro/embarqo/slatiff rendalert Wateroioes.pdf . 33 Villanti, A., et al., 'Changes in the prevalence and correlates of menthol cigarette use in the USA, 2004-2014," Tobacco Confrol, published online October 20, 2016. 3a U.S. Federal Trade Commission (FTC), Agarette Repot for 2017,2019, httos:iiwww.ftc.oov/svstem/files/documentslreportslfederal{rade- commission-cioarette-report-2017Jederal-trade-commission-smokeless{obacco-reporUftc ciqarette report 2017.0df [data for top 5 manufacturers only]. 3sCou(emanche,CJ,etal,,"lnfluenceoftheFlavoredCigaretteBanonAdolescentTobaccoUse,'AmericanJournal of PreventiveMedicine, published online January 9, 2017. 36 Ambrose, BK, et al., " Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-201 4," Journal of the Ameican Medical Associallon, published online October 26, 2015. 37 Ambrose, 8K, et al., 'Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-201 4,' Journal of the American Medical Associafion, pu bl ished onl i ne October 26, 20 1 5. 122 Flavored Tobacco Products Attract Kids / 9 38 Dai, H, 'Changes in Flavored Tobacco Producl Use Among Cunent Youth Tobacco Users in the United States, 2014-2017," IAMA Pediatrics, published online January 7, 20'19. 3eMantey,DS,etal,,"Flavoredtobaccouseisassociatedwithdual andpolytobaccouseamongadolescents,'AddictiveBehaviors,92:84-88, 2019. oVillanti,AC,etal.,'FlavoredTobaccoProductUseAmongU.S.YoungAdulis," AmeicanJournal of PreventiveMedicine44(4):388-391,2013. u HHS, Preventing Tobacco Use Among Youth and Young Adults, A Report of the Surgeon General, 2Q12, htto://www.cdc.oov/Featuresff outhTobaccoUse/. a2 HHS, E-Cigarette Use Among Youth and Young Adults. A Repot of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2016. a3 Substance Abuse and Mental Health Services Administration (SAMHSA), HHS, Resu/ts from the 2015 National Swvey on Drug Use and Health, NSDUH: Detailed Tables, 2016. http://www.samhsa.qov/data/sites/default/files/NSDUH-DetTabs-2015/NSDUH-DelTabs-2015/NSDUH- DetTabs-2015.odf. Cigars are defined as cigars, cigarillos or little cigars. 44 2013 YRBS. King, BA, Dube, SR, & Tynan, MA, 'Flavored Cigar Smoking Among U.S. Adults: Findings From the 2009-2010 National Adult TobaccoSurvey," Nicotine&TobaccoResearch 15(2):608-14,2013,a|610, http:iintr.oxfordiournals.orq/contenUl5/2/608.full.pdf+html. 45 FDA, "Modifications to Compliance Policy for Certain Deemed Products: Guidance for lndustry, Draft Guidance,' March 13, 2019, https://www.fda.oovidownloadsiTobaccoProducts/Labelinq/RulesReoulationsGuidance/UCM633281 . pdf . a6 Ambrose, BK, et al., "Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-201 4," Journal of the American Medical Associafion, pu bl is hed on I i ne October 26, 20 1 5. a7 Dai, H, "Changes in Flavored Tobacco Product Use Among Current Youth Tobacco Users in the United States, 2014-2017,' JA^tlA Pediatrics, published online January 7, 2019. a8 King, BA, Dube, SR, & Tynan, MA,'Flavored Cigar Smoking Among U.S. Adults: Findings From the 2009-2010 National Adult Tobacco Survey," Nicotine & Tobacco Research, August 27, 201 2. ae King, BA, Dube, SR, & Tynan, MA,'Flavored Cigar Smoking Among U.S. Adults: Findings From the 2009-2010 National Adult Tobacco Survey, " Ni coti ne & T obacco Research, Augusl 27, 2012. s0Delnevo,C,etal.,"Preferenceforflavouredcigarbrandsamongyouth,youngadultsandadultsintheUSA" TobaccoControl 24(4):389-94, 2015. 51 CDC, "Useof ElectronicCigarettes andAnyTobacco ProductAmong Middle and High School Students-United States, 2011-20'18," Morhidity and Moftalrty Weekly Repon (MMWR),67(45): 1276-1277. httos://www.cdc.qovlmmwr/volumes/67/wr/mm6745a5.htm?s cid=mm6745a5 w. 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CDC, "Tobacco Use Among Middle and High School Students-United States, 2000-2009,' MMWR,59(33): 1063-1068, https //www.cdc.qov/mmwr/odf/'wk/mm5933 pdf. 60 Ambrose, BK, et al., "Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 201 3-201 4,' Journal of the American Medical Associalion, published online October 26, 2015. 61 Dai, H, 'Changes in Flavored Tobacco Producl Use Among Current Youth Tobacco Users in the United States, 2014-2017,' JAMA Pediatrics, published online January 7, 2019. 62Seee.g.,Ambrose,BK,etal.,'FlavoredTobaccoProductUseAmongUSYouthAgedl2-17Years,2013-2014,'Journal of theAmerican Medical Associalion, published online October 26,2015. 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The 2014 NYTS found that 60.6 percent of middle and high school hookah smokers-totaling over 1 million youth-had used flavored hookah in the past month. 67 Ambrose, BK, et al., " Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-20'1 4," Journal of the Ameican Medical Assoclatlon, pu bl ished online October 26, 2015. 68 Dai, H, "Changes in Flavored Tobacco Product Use Among Current Youth Tobacco Users in the United States, 2014-2017,' JAI'IA Pediatrics, published online January 7, 2019. 6e FDA, Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol versus Nonmenthol Cigarettes,2013. 70 Villanti, A, et al., "Changes in the prevalence and correlates of menthol cigarette use in the USA 2004-2014,' Tobacco Control, published online October 20, 2016. 71 Villanti, A, et al.,'Changes in the prevalence and conelates of menthol cigarette use in the USA, 2004-2014," Tobacco Confrol, published online October 20,2016 72 SAMHSA's public online data analysis system (PDAS), National Survey on Drug Use and Health, 20'16. https://pdas.samhsa.qov/#/survev/NSDUH-2016-DS0001?column=CATAG3&results received=true&row=ClG30BR2&weiqht=ANALWT C and https ://pdas.samhsa.qovl#/survey/NSDU H-20 1 6- D50001?column=CATAG3&control=NEWRACE2&results received=true&row=ClG30BR2&weiqht=ANALWT C. 73 Sterling, K, et al,, "Associalion between menlhol-flavoured cigarette smoking and flavoured little cigar and cigarillo use among African- American, Hispanic, and white young and middle-aged adult smokers," Tobacco Control 25(Suppl 2):ii21-ii31, November 201 6, 7a Tobacco Products Scientific Advisory Committee, Menthol Cigarettes and Public Health: Review of the Scientific Evidence and Recommendations, July 21, 2011, http://www.fda.qov/downloadsiAdvisoryCommitteesiCommitteesMeetinqMaterials/TobaccoProductsScientificAdvisorvCommittee/UCN/2696 97. @l 7s FDA, Preliminary Scientific Evaluation of the Possible Public Health Effects of Menthol versus Nonmenthol Cigarettes,2013. 76 Carpenter, CM, el al, "New Cigarette Brands with Flavors thatAppeal toYouth: Tobacco Marketing StratEies," Health Affairs 24(6):1601- 1610, Nov/Dec 2005. Lewis, M, et al.,'Dealing with an lnnovative lndustry: A Look at Flavored Cigarettes Promoted by Mainstream Brands," American Journal of Public Health 96(2), February 2006. TTKlein,S,etal.,Useof flavoredcigarettesamongolderadolescentandadultsmokers: UnitedStates,2004-2005,'NicotineandTobacco Research, Volume 10, Number 7, July 2008. 78 Klein, S et al., Use of flavored cig arettes among older adolescent and adult smokers: United States, 2004 - 2005,' Nicotine and Tobacco Research, Volume 10, Number 7, July 2008. 7s NHS, Preventing Tobacco Use Anong Youth and Young Adults, A Repoft of the Surgeon General,2012, htlp: //www.cdc.qovlFeatures/YouthTobaccoUse/. s0Marketinglnnovations,'YouthCigarette-NewConcepts,"MemotoBrown&Williamson,September'l972,BatesNo. 170042014. 81 R.J. Reynolds Tobacco Company, 'Conference report #23," June 5, 1 974, Bates No. 500254578-4580 82 R.J. Reynolds lnter-office Memorandum, May 9, 1974, Bates No. 511244297-4298. 83 R.M. 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FDA , 708 F.3d 428 (2d Cir. 2013 ). 124 Rhonda Coxon From: Sent: To: Cc: Thomas A Shumaker Jr <tasaia@me.com> Thursday, November 14,2019 1:39 PM council Julie Ann Woods; Brian McNellis;jim May Transit Center DiscussionSubject: Dear Council, Planning Commission and Planning Department, Jim May PhD retired, has experience guiding construction of research facilities for Dow Chemical, having made quite a nameforhimself"inventing"acatalystforplastic. llikehis"lessismore"wayofthinking. lt'slike"JustBigEnough." He owns three condos here. Following his lead, my thoughts in this vein would be to go further...installing gps on buses, and displays at each stop showing the position of each bus and pending arrival times, perhaps even voice-over announcements. The various routes might be color coded on those mounted displays. At least the main stops: Town Center, Mall, Park, lntercept Lot, Snowmass Club, Anderson Ranch, etc., ought to have these descriptive displays. Jim's other ideas relate to directional graphics throughout the Mall and town Basically we need a good "way finder" graphic designer, who likely would have many useful ideas. Who doesn't love the street signs framed in wood? As to the Mall upgrade, why not relate it to the Base Village with simple material choices, starting with the ground plane...the most important visual cue in any human environment. Base Village has pavers. The Mall should have the same, unifying the whole resort. (Reworking the Mall drainage issues in the process.) More later. Respectfully Submitted, -Jay Shumaker 4 1 125 October 1,4,2019 at 5:07 PM Thanks Jay. And I like your ideas very much. How about sending them to TOSV as well Jim On Monday, October 14,2019,06:32:05 PM CDT, Thomas A Shumaker Jr <tasaia@mac.com> wrote Jim, Great ideas! And delivered very well. Also: 1 . How about electric "arrival in six minutes" type signs, like the travel apps on some phones...to be installed at most RFTA and Shuttle stops. 2. As you say, better signs at all the stairways down to the shuttles. (And better signs to the public bathrooms off the Mall for that matter.) 3. Also as you say, much better maps and instructions at each bus stop. As you say, that $8+ million dollars could go a long way to improving the Mall and the resort itself , though the town doesn't own the Mall. The Westin and the Romero Group own most of it. But who cares? The Mall is key to the village. Why not make a deal with the owners to improve the Mall piece by piece, as you suggest, with payback in sales taxes or something. This is similar to how downtown San Diego was improved. They called it "Tax lncrement" financing. And the resort itself could use a few facelifts beyond the Mall, ...also as you've suggested. 2 ,8fill$llffittfi r,r t t 126 Great letter Jim Thanks for getting it started. From what I've heard Mayor Butler isn't a strong fan of "paving paradise," and this huge transit project sure feels like a "Big City" project...WAY more than what's called for...as you've suggested. I think she agrees with you. -Jay S On Oct 13,2019, at 3:40 PM, Jim May <iamesamav@yahoo.com> wrote: Just fyi if you are interested ----- Forwarded Message --*- From: Jim May <iamesamay@yahoo.com> To: Markey Butler <mbutler@tosv.com>; ashenk@tosv.com <ashenk@tosv.com>; Brian McNellis <bmcnellis@tosv.com>; bmadson@tosv.com <bmadson@tosv.com>; bsirkus@tosv.com <bsirkus@tosv. com>;tqoode@tosv.comctqoode@tosv.com>;Clint Kinney <ckinney@tosv.com>; "council@tosv.com" <council@tosv.com> Cc: dromero@romero-group.com <dromero@romero-qroup.com>; Jim May <iamesamav@vahoo.com> Sent: Sunday, October 13, 2019, 10:34:49 AM CDT Subject: SMV bus transit stalions It is CRAZY to spend $8+ million on something that is not broken. The current transit centers are great, just needs better signage and instructions for new visitors (see below). Many people do not know how to get from the Mall Ievel to the Shuttle Bus stations, or that the Shuttle Bus system even exists for instance. Please use the tax money for other things. For instance $8 million would build a really nice large music venue with dancing, or really enlarge the parking lots at the Town Park vicinity. Also, Snowmass village also need to be a 12 month town, not just a 6-7 month destination (where everything shuts down the rest of the yea0. What would bring in people year round? Good music daily is definitely one big draw. Jim on Monday, April 15, 2019, i 1:42:14 pM cDT, Jim May <iamesamav@vahoo.com> wrote: 3 April 15,2019 127 TOSV Mayor and Council RE: SMV bus transit stations The many bus drivers and loaders could probably give some good suggestions While I am neither of the above, here are some of my suggestions as follows 1. Beautiful, large letter signage where RFTA riders disembark and enter the Mall between lncline Sports and Gene Taylor Sports, saying "Welcome to Snowmass Ski Area". "Lift tickets, ski shops, ski hill straight ahead". tt/aybe the sign on an arch entering the Mall. Possibly some art work, and/ or the Snowmass emblem. 2. 15-minute timers to actuate new overhead propane or natural gas f ueled?? heaters in the RFTA loading area. 3. Large sign where pedestrians leaving the Mall enter the RFTA loading area that says: "RFTA Buses depafi at :15 and :45 minutes , and more frequently between 9am and and 4pm??" The small signs with more details are confusing to firsttime guests. 4. Large nice signage on the side of the garage below Fuel Restaurant pointing to the SMV shuttle busses, and a sign in the Mall pointing towards the stairs and elevator for the SMV shuttle busses. 5. Large sign in Base Village basement transit area that points to the escalator and elevator that lead to the ski lifts and Base Village 6. lt is nice to keep the RFTA and Shuttle Bus transit areas separated near the Mall. 7. lt might be nice to have a 4-way stop sign where SMV Shuttle busses exit the transit area on Daly Ln. Frequently the shuttle bus drivers have trouble pulling out there. 8. Some simple beautification would be desirable, but most of the suggestions above are relatively inexpensive and would save the bus drivers time in answering the same questions repeatedly. 9. The RFTA system and TOSV Shuttle bus systems are GREAT, and so convenient once one learns to use them! 4 Thanks for your consideration, 128 James May Aspenwood K3 owner PS... please include this is your records, and or council minutes 5 129