03 Apr Richmond Could Soon See New Rules on Smoke Shops and Nepotism

Multiple members of the Richmond City Council were absent from its meeting Tuesday, delaying a vote on a potential new smoke shop ordinance. (Screenshot captured by Samantha Kennedy / The CC Pulse)

By Samantha Kennedy

Complaints about the number of smoke shops in Richmond prompted the proposal of an urgency ordinance that would temporarily ban new tobacco retailers in the city, but a decision will have to wait. Absent members of the Richmond City Council meant a supermajority, which is required to pass this type of ordinance, could not be met Tuesday.

The ordinance, if passed, would place a 45-day moratorium on issuing permits and licenses for new tobacco retailers. It would not have any impact on renewals of currently licensed retailers.

“There is a current and immediate threat to the public health, safety, or welfare with respect to the sale and distribution of tobacco products within the City, including access to such products by minors…” the draft ordinance states. Additional issuance of permits and licenses for new retailers “would result in a further threat” to the public’s health and safety.

This threat is made worse by some smoking products that are left unregulated by the city, according to the staff report, that may be subject to stricter rules in other cities. The moratorium would give city staff time to tighten regulations. Those could include clearly categorizing vaping products, which attract minors with flavoring and packaging, as tobacco products.

>>>Read: Curbing Youth Tobacco Sales a Social Justice Issue, Advocates Say

To protect minors, Richmond already restricts where smoke shops are allowed to operate. Retailers, for example, cannot be located within 1,000 feet of a youth-populated area — this includes parks, playgrounds, schools and public libraries.

All 78 currently licensed retailers must abide by this ordinance and others, but some complaints have questioned whether every retailer in the city is properly licensed. An investigation by the city confirms those concerns are valid, according to the staff report.

>>>Read: Pittsburg Teen Says Peers Vape to ‘Escape’ From Stress

The city has identified three retailers without a license, said Community Development’s planning manager, Hector Rojas.

In response to a question regarding next steps posed by council member Cesar Zepeda, Code Enforcement Manager Eva Mann said scheduled inspections will happen before the three retailers are told they must shut down. Mann said a timeframe for those shutdowns could not be determined yet.

Zepeda also mentioned concerns about licensed retailers that may otherwise violate city ordinances. One potential instance, he said, is a new smoke shop in Hilltop that could violate an ordinance by being too close to a park.

In addition to strengthening regulations surrounding tobacco retailers, city staff said other parts of the code will have to be updated to reflect changes in the authority of issuing licenses.

Only the Richmond Police Department is specified as having the authority to issue licenses for tobacco retailers, according to the Richmond Municipal Code, but Mann says retailer applications have gone to other departments.

City Manager Shasa Curl said some regulations in the RMC no longer need to or should be under the authority of the RPD. Changes in regulation language to address those changes will later be brought to the council for consideration.

Council Looks to Prevent Nepotism in City Appointments

The council directed staff to draft a nepotism prevention policy that would prohibit the appointment of council member relatives to city boards, committees, task forces or commissions.

Previous administrations have appointed relatives of city elected officials, something that is “extremely problematic,” according to the staff report. Council members also expressed interest in prohibiting the hiring of relatives by department heads.

Mayor Eduardo Martinez referred to the relationship between former Richmond Police Chief Allwyn Brown and his wife, Belinda, who was the city’s finance manager. Brown resigned his position as police chief in 2019 after a no-confidence vote by the Richmond Police Officers Association and “ethical questions” surrounding his professional relationship with his wife.

Some current council members have relatives serving on a city commission or committee. Martinez and council members Doria Robinson and Soheila Bana, who were absent from the meeting, each have a partner or spouse on a city commission or committee.

Two public speakers, including Vice Mayor Claudia Jimenez’s husband, said a nepotism policy was a good idea because of previous administrations appointing relatives. The speakers referred to then-Mayor Tom Butt, who reappointed one of his sons to the Planning Commission in 2016. Butt also appointed his daughter-in-law to the Design Review Board in 2017, reappointing her in 2019 and 2021.

Eli Moore, Jimenez’s husband, suggested business partners of council members be included in the policy.