SF Bay Area Request for Action -- Union City

[Berylanna]

Hi. I am a normal, run-of-the-mill CASAA member, without any authority to issue a Call to Action, but the main body of CASAA is swamped trying to protect our fundamental right to acquire our eliquids in the face of an FDA threat, so local issues are starting to be more "up to us." So I'm requesting people take action on the below and PM me with their contact info (I'll send mine to you FIRST) if you are SFBay area vapers or you have an SFBay area loved one who is a vaper.

Union City is a small city but Ellen Corbett has asked them to provide the exact wording of the ordinance they pass as a model for the state and for nearby towns, counties, and cities. So it would be bad if so much unopposed misinformation and a complete ban on indoor tutoring is passed there.

Tomorrow night, Dec 10, the Union City City Council has an ordinance on their "consent calendar" to require vaping to be treated the same as tobacco everywhere in the city (usage bans in public are already in place) EXCEPT that, unlike tobacco, which can be sampled in specialty stores by California law, this ordinance defines a "Vapor Bar" or "Vapor Lounge" as anywhere that lets a customer activate any ecig device indoors.

This was partially started when a San Jose Vapor Bar asked for a permit to open a Union City location, but also heavily driven by out-of-town teenage activists led by an ALA advisor.

The first time we went to speak, a month ago, we didn't know there was such a thing as a vapor bar, we thought it was just vape stores. Now that we know better, we've tried to make the point that deciding whether or not to permit new places of entertainment is a different issue from hindering Vapor specialty stores from tutoring and helping their customers with sampling.

So, I've written a proposed change to the ordinance, and I'm asking Union City residents and neighbors to call, email, or show up at City Hall tomorrow night (7 pm meeting) to support the proposed change.

Comma delimited email list: ucmayor@unioncity.org, emilyd@unioncity.org, lellis@unioncity.org, pgacoscos@unioncity.org, jimn@unioncity.org

Mayor Carol Dutra-Vernaci
ucmayor@unioncity.org

Vice Mayor Emily Duncan
emilyd@unioncity.org

Councilmember Lorrin Ellis
lellis@unioncity.org

Councilmember Pat Gacoscos
pgacoscos@unioncity.org

Councilmember Jim Navarro
jimn@unioncity.org

Here is the proposed change, please note the underlined part near the bottom is very close to the definition they will use if this is not amended.


[FONT=ArialMT, sans-serif]ProposedCorrections to the proposed Union City Ordinance for protecting youthfrom acquiring substances illegally, including electronic cigarettes:[/FONT]


[FONT=ArialMT, sans-serif]Addto Whereas's:[/FONT]


[FONT=ArialMT, sans-serif]WHEREASmore than 90% of the illness and death from tobacco use is caused bysmoke inhalation, and[/FONT]


[FONT=ArialMT, sans-serif]WHEREASit is not the intention of Union City to hinder or discourage adultsmokers of combustible tobacco from switching to ElectronicCigarettes, and[/FONT]


[FONT=ArialMT, sans-serif]WHEREASit is legal in California for tobacco specialty stores to allowindoor sampling of pipe tobacco for flavor, and[/FONT]


[FONT=ArialMT, sans-serif]WHEREASthe most-definitive study of the components of electronic cigarettevapor found no danger of harm from second-hand vapor, and [/FONT]


[FONT=ArialMT, sans-serif]WHEREASmost electronic-cigarette e-liquids are made up entirely ofFDA-approved food ingredients allowed in cooking or present in foodsallowed for indoor heating, and[/FONT]


[FONT=ArialMT, sans-serif]Pleaseremove this paragraph because it is from 2009 and DIRECTLYcontradicts more-recent studies at American and European Universitiesand medical establishments:[/FONT]


[FONT=ArialMT, sans-serif]WHEREASthe safety and efficacy of electronic cigarettes is still unknown andelectronic cigarettes deliver an unknown mix of potentiallycarcinogenic …..equal to the levels found in conventional cigarettesmoke, and[/FONT]


[FONT=ArialMT, sans-serif]INADDITION:[/FONT]


[FONT=ArialMT, sans-serif]Pleasenote that the previous definition of “vapor lounge” would includecoffee shops, all restaurants that heat food with flavors in it, hotchocolate, hot cider, etc. That definition is erroneous.[/FONT]


[FONT=ArialMT, sans-serif]Proposedreplacement verbiage:[/FONT]


[FONT=ArialMT, sans-serif]18.08.612[/FONT]


[FONT=ArialMT, sans-serif]FixedVapor Specialty stores shall be allowed to demonstrate flavors andproper, safe, use of electronic cigarettes to adult smokers. Suchdemonstrations can include use of a heating element to heatelectronic-cigarette liquid containing only ingredients that arealready FDA-approved for use in food or FDA-approved inhalers andtherefore safe for second-hand exposure.[/FONT]




[FONT=ArialMT, sans-serif]VaporSpecialty stores must card everyone who appears to be under 40 towhom any vapors are to be demonstrated, a higher standard than thatfor sales.[/FONT]


“[FONT=ArialMT, sans-serif]VaporBar” or “Vapor Lounge” is considered a forbidden land use, andmeans any facility, building, structure, or location, whether fixedor mobile, that permits the heating of nicotine-containing vapor, ifit has any one or more of the following:[/FONT]


[FONT=ArialMT, sans-serif]1. Entertainment such as televisions, live bands, comedians, or triviaand other games.[/FONT]
[FONT=ArialMT, sans-serif]2. Food or drinks other than courtesy water.[/FONT]
[FONT=ArialMT, sans-serif]3. Seating for 10 or more customers at a time.[/FONT]






[FONT=ArialMT, sans-serif]Attachments:[/FONT]


[FONT=ArialMT, sans-serif]Burstyn,I, Peering through the mist: What does the chemistry ofcontaminants in electronic cigarettes tell us about healthrisks?, Department of Environmental and Occupational HealthSchool of Public Health Drexel University, 2013 July-Aug.[/FONT]
[url]http://publichealth.drexel.edu/SiteData/docs/ms08/f90349264250e603/ms08.pdf[/URL]






[FONT=ArialMT, sans-serif]FormerUS Surgeon General Richard Carmona testimony opposes proposed NY Citye-cig usage ban[/FONT]
Carmona_NY_Testimony.pdf

 

[Bill Godshall]

Many thanks for posting this, but its unclear what the bill is proposing, and what changes to the bill you are proposing (as they're all combined).

Please clarify, and please send to local vapers and vendors.

Vapers need to continue opposing all proposals that would ban e-cig use in workplaces and public places.

Meanwhile, vendors need to make sure that there's an exemption to allow vaping in vaping lounges and e-cig retail locations, but vapers should NEVER endorse any bill that just exempts vaping lounges from a proposed vaping ban.

 

[Berylanna]

This ordinance is horrible overall, and we've opposed it twice, but the ANTZ kept lying and a lot of fresh-faced kids showed up.

The city is ADAMANT about banning vapor bars and vapor lounges, as a land-use issue. There are vapor bars in San Jose that feature Sports TV's, drinks, hor'd d'oevres, seating for quite a few people, and vaping. Union City does not want this. They are also referring to ecig equipment as 'electronic cigarette paraphernalia', lumping in ecig vendors with medical dispensaries, also being banned, and comprehensive changes to rules for selling 'little cigars'

All those battles are already lost, this will go through, period.

All I'm trying to do is get Union City to either allow Vaper Specialty Stores the same privileges for indoor air that California law gives to Tobacco Specialty stores, or else go on the record that they are NOT only trying to protect youth and put reasonably conservative controls on "land use."

And put in a few paragraphs that counter all the ANTZ whereas's about carcinogens in ecigs etc. I'll edit this during my lunch hour with URL's to the whole shebang.

Since this will be promulgated as a model to all surrounding cities and to the state (thanks, Corbett!) I don't want it to have a 101% ban on teaching vaping and flavor sampling.

I do not have email addys for local people (except now I'm up to 2 of them) so I'm also asking for PM's to create such a list, even if it will be too late for action tonight.

Minutes/Agenda for last meeting:

http://lf2.unioncity.org/weblink8/D...d=73004098-64e0-4727-b802-9be8a23fb2c7&dbid=0

Pages 37-113 are relevant to us.


Public Hearing ( Published Notice) to Introduce an Ordinance
Approving Municipal Code Amendment (AT- 13- 002) Amending
Chapter 5.42, Adding Chapter 5.43, Adding Section 18. 04. 210,
and Amending Chapter 18. 08 of the Municipal Code to Prohibit
Medical ......... Dispensaries, E- Cigarette Bars/ Lounges,
Vapor Bars/ Lounges, and Hookah Bars/ Lounges; to Regulate
the Sale of Cigars, Cigarillos and Electronic Cigarettes; and to
Repeal Related Temporary Moratorium Ordinances
AT-13- 002 - Staff Report . . . . . . . . . . . . . . . . . . . . . 37
AT-13- 002 - Attachment A - Draft Ordinance . . . . . . . . . . . 44
AT-13- 002 - Exhibit A - Municipal Code as Amended. . . . . . . 52
AT-13- 002 - Exhibit B - Municipal Code as Amended
Showing Edits) . . . . . . . . . . . . . . . . . . . . . . . . . . 63
AT-13- 002 - Attachment B - Relevant Studies . . . . . . . . . . 74
AT-13- 002 - Attachment C - Planning Commission Staff
Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
AT-13- 002 - Attachment D - Planning Commission
Resolution No 17- 13. . . . . . . . . . . . . . . . . . . . . . . . 83
AT-13- 002 - Attachment E - Planning Commission
Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

 

[nobutts1]

Prayers and thanks to you for your efforts, it's getting pretty rough out here in the vaping world.. so upset with all the hysteria.

 

[Berylanna]

Well, for now it passed as written "to get all the rest of it in place" but they MIGHT bring up the amendments in January. (If it snows?)

I still want to form a Google group for Bay Area Combustion Prohibitionists (BBQ excepted!)