To: Board of Supervisors
From: DHHS: Public Health
Agenda Section: Consent
Vote Requirement: Majority
SUBJECT:
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Adoption of an Ordinance Amending Sections 817-1, 817-5, and 817-14 of Humboldt County Code Title VIII, Division 1, Chapter 7, Tobacco Retailer Licensing
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RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached Ordinance amending sections 817-1, 817-5, and 817-14 of Humboldt County Code Title VIII, Division 1, Chapter 7, Tobacco Retailer Licensing; 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)].
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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 March 3, 2026, the Department of Health and Human Services - Public Health Branch (DHHS - PHB) introduced an amendment to Humboldt County Code Title VIII, Division 1, Chapter 7, Tobacco Retailer Licensing. The Board approved clarifications to the administrative review process applicable jurisdiction and population. By implementing these changes, the following sections were amended:
Sections 817‑1(a) and 817-1(f) were updated to amend and explain language for the Administrative Review Officer (817-1(a)) formerly termed Hearing Officer (817-1(p)).
Section 817‑5(f)(1) and 817-5(f)(2) were amended to clarify the ordinance applies only to the unincorporated county population and confirm the appropriate reference source.
Section 817‑14 were amended align with the updated language for the Administrative Review Officer in 817-1 and solidify the administrative review process.
Collectively, this amendment clarifies the intended jurisdiction as well as the administrative review and appeals process which places final administrative review authority with a contracted Administrative Law Judge.
This amendment was first brought before the Board of Supervisors and public on March 3, 2026, and is before the Board of Supervisors today for adoption.
SOURCE OF FUNDING:
Public Health Fund (1175)
FINANCIAL IMPACT:
There is no anticipated financial impact on fiscal year 2025-26 or future fiscal years revenue or expenditure budgets, including fee schedules, as this ordinance does not introduce new fines, fees or funding allocations.
STAFFING IMPACT:
Tobacco Retailer Licensing involves staff from DHHS - PHB Environmental Health Division, 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 of Supervisors may choose not to approve this adoption, however, this is not advised by the DHHS - PHB as it would result is continued prevalence and ease of access to tobacco products.
ATTACHMENTS:
1. Ordinance of the Board Of Supervisors of the County of Humboldt Amending Sections 817-1, 817-5, and 817-14 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
2. Post Adoption Summary
3. Senate Bill No. 793
4. Support for Tobacco/Vaping Product Enforcement
PREVIOUS ACTION/REFERRAL:
Meeting of: 08/16/22; 05/23/23; 07/11/23; 05/21/24; 06/04/24; 05/06/25; 06/03/25; 03/03/26
File No.: 22-991; 23-577; 23-1011; 24-863; 24-864; 25-601; 25-602; 25-714; 25-715; 26-152