Tobacco ordinance is updated to significantly increase fines

Fines for tobacco sale violations in Los Gatos just got more expensive.

The Town Council unanimously voted to update its tobacco sales ordinance at its Tuesday meeting, increasing the fines for retail violations and including ecigarettes in the town's definition of tobacco products.

Under the new ordinance, the fees for retailers who violate the town ordinance increased from $100 to $1,000 on the first instance, from $200 to $2,500 on the second offense within a five-year period and from $500 to $5,000 for a violation committed more than twice within a five-year period.

Fines for retailers who sell tobacco products without a tobacco selling permit went up from $100 to $2,500 for the first offense, and from $200 to $5,000 for a second offense within five years.

The new ordinance aligns with a recent update of Santa Clara County's tobacco sales ordinance, which passed earlier this year. Los Gatos needs its own ordinance for local enforcement.

Carol Baker, co-chair of the Tobacco Free Coalition of Santa Clara County, said at the meeting that these ordinances are an important way to protect young people from tobacco products.

“Every step is a step in the right direction,” Baker said.

The Los Gatos Town Council voted five years ago to adopt an ordinance to regulate the sales of tobacco in town, requiring retailers to obtain permits, prohibiting the sale of flavored tobacco products and prohibiting the sale of tobacco products to minors.

The town attorney worked with the Los Gatos Youth Commission to update the ordinance, and the commission recommended that the town council pass the updated ordinance.

“This is an important ordinance,” said Mayor Maria Ristow. “I personally want to commend the youth commission that first worked originally with our former town attorney and got this ordinance written years ago. I know our present town attorney has been working really hard getting the information from the county.”

Town Attorney Gabrielle Whelan said the tobacco retailers in town were notified of the proposed ordinance changes ahead of the meeting.