To: Board of Supervisors
From: DHHS: Public Health
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
title
Adoption of an Ordinance Amending Section 817-13 of Humboldt County Code Title VIII, Division 1, Chapter 7, the Comprehensive Tobacco Retailer Licensing Ordinance
end
RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached Ordinance Amending Section 817-13 of Chapter 7 of Title VIII, Division 1 of the Humboldt County Code “Tobacco Retailer Licensing” Regulating Tobacco Product Sales and Requiring the Licensure of Tobacco Retailers; and
2. Direct the Clerk of the Board of Supervisors to publish a post-adoption summary of the ordinance within fifteen (15) days after the adoption of the ordinance with names of Supervisors voting for and against the ordinance, and to post in the office of the Clerk of the Board of Supervisors a certified copy of the full text of the ordinance [Government Code Section 25124(b)(1)].
Body
STRATEGIC PLAN:
This action supports the following areas of your Board’s Strategic Plan.
Area of Focus: Safe & Healthy Communities
Strategic Plan Category: 1006 - Implement Live Well Humboldt - Community Health Improvement Plan
DISCUSSION:
On July 11, 2023, the Board of Supervisors adopted the Comprehensive Tobacco Retailer Licensing Ordinance.
On January 9, 2024, the Board of Supervisors adopted Resolution 24-4 titled Resolution of the Humboldt County Board of Supervisors Addressing the Sale, Distribution and Use of Nitrous Oxide in Humboldt County.
On May 6, 2025, DHHS - Public Health Branch introduced the Comprehensive Nitrous Oxide Ordinance that will make it unlawful for any person in the County of Humboldt, with exceptions, to sell or attempt to sell, offer, distribute or provide Nitrous Oxide to any person.
Also on May 6, 2025, the Department of Health and Human Services (DHHS) - Public Health Branch brought forth an Amendment to the Tobacco Retailer Licensing Ordinance to add language to section 817-13 that would allow for revocation of a tobacco retailer’s license if the retailer violates the companion ordinance by engaging in the unauthorized sale of Nitrous Oxide. This amendment is before the Board for adoption today.
SOURCE OF FUNDING:
Public Health Funds (1175)
FINANCIAL IMPACT:
Narrative Explanation of Financial Impact:
There is no anticipated financial impact on the fiscal year (FY) 2025-26 or future FY revenue or expenditure budgets, including fee schedules, as this ordinance does not introduce new fines, fees or funding allocations. The primary objective is to allow for revocation of a tobacco retailer’s license for violating the ordinance prohibiting the unauthorized sale of Nitrous Oxide. It is anticipated that there will be compliance with the nitrous oxide sales ban ordinance, and therefore have no impact to fee revenue.
STAFFING IMPACT:
Narrative Explanation of Staffing Impact:
Tobacco Retail Licensing involves staff from the DHHS - Public Health Division of Environmental Health, however, it is anticipated that the staffing impacts related to the amendment of this ordinance would be minimal.
OTHER AGENCY INVOLVEMENT:
N/A
ALTERNATIVES TO STAFF RECOMMENDATIONS:
The Board may choose not to amend the Tobacco Retail Licensing Ordinance in support of the Comprehensive Nitrous Oxide Ordinance, however, it is anticipated this would result in continued prevalence and ease of access to Nitrous Oxide in Humboldt County.
ATTACHMENTS:
1. Amendment to Ordinance No. 2718
2. Post-Adoption Summary
PREVIOUS ACTION/REFERRAL:
Meeting of: 1/9/2024, 2/27/24, 5/21/24, 6/4/2024, 5/6/2025
File No.: 24-5, 24-181, 24-863, 24-864, 25-602