Ross expands tobacco regulations to full sales ban

Ross has become the second municipality in Marin County to ban the sale of any tobacco product.

The Town Council voted 4-1 on Thursday to expand its anti-smoking code. Tiburon approved a similar ban earlier this month.

The Ross code aims to “ban the sale of all tobacco products,” a staff report said. Local high school students pushed for the ban.

“Nicotine use has become very common among students in my school and at many others,” Issack Cervera, a San Marin High School student, said during a public hearing. “It’s something we encounter every day, even if we’re not using it. Bathrooms that were once normal parts of school life have turned to places where students go to vape.”

The only testimony opposing the ban came from a National Association of Tobacco Outlets lobbyist who called in and said “passing a ban sends the wrong message to future entrepreneurs, suggesting the town is willing to restrict business based on hypothetical concerns rather than actual issues.”

Ross has a history of adopting local anti-smoking measures, Planning and Building Director Roberta Feliciano said.

In 1989, it barred smoking in public places. In 2007, 2017 and 2019, it expand its restrictions, “including a prohibition on flavored tobacco products aimed at reducing youth access and exposure to nicotine products,” the staff report said.

The latest revisions target “all tobacco products, including cigarettes, cigars, chewing tobacco, nicotine pouches, and electronic smoking devices.”

“The amendment builds upon” prior regulations, the report said, by eliminating retail tobacco sales licenses, banning signage related to tobacco products, and barring “any person or business” from selling, offering and distributing tobacco products within the town.

During their discussion, council members praised the students while acknowledging the ban’s limitations.

“I respect and applaud the students’ activism,” said Mayor Pro Tem Elizabeth Robbins. “Tobacco is addicting and it causes health issues.”

“I think it is an important statement, but I don’t think we should overstate our impact tonight,” she said. “It shouldn’t be endless rounds of congratulations for banning tobacco sales in Ross. Our tiny town doesn’t even have tobacco sales, so we’re not actually banning anything at this point.”

Councilmember Mathew Salter, who voted no, said it was a “feel-good measure” but questioned its practical effect.

“Will future councils have to take up this issue if somebody wanted to open up a shop down the road because we’re so punitive to ban something outright?” he said, giving the example of a cigar store.

“It is symbolic,” said Mayor Julie McMillan. “I think it is important to go forward and make it as difficult as possible.”