On July 2, 2019, the City Council adopted Ordinance No. 2019-24 raising the minimum age to 21 for the purchase of tobacco products in Flagstaff. The ordinance is commonly referred to as the T21 Ordinance. It does not penalize persons under the age of 21 for purchasing tobacco products; it penalizes retailers who sell tobacco products to persons under 21. The Flagstaff Police Department is not charged with enforcement of the T21 Ordinance.

Shortly after the T21 Ordinance adoption in the Summer of 2019, the Federal Government enacted a law raising the age to 21 for the purchase of tobacco products. This was an important development because, at the time the Flagstaff City Council adopted the local T21 Ordinance, it was unclear whether the Federal or State governments would enact such laws. Although efforts continue at the Arizona State legislative level to raise the age to 21 for the purchase of tobacco products, that has not yet happened. Even so, the now existent Federal law is in force.

Contained in the local T21 Ordinance is a provision for the creation of a separate tobacco-sales licensing program in the City organization. That separate licensing program would likely be in the Management Services Division and entail the hiring of employees to create and manage it. Doing so will require budgetary allocations which are anticipated to be covered in part, if not entirely by license fees.

Also contained in the local T21 Ordinance is a provision for the creation of a separate tobacco-sales enforcement program in the City organization. That separate enforcement would be in separate section in a City Division (which is yet to be determined) and will also entail the hiring of employees to create and manage the enforcement program. Doing so will require budgetary allocations which are anticipated to be covered in part, if not entirely by license fees. As stated above, the Flagstaff Police Department is not charged with enforcement of this ordinance.

Nether the licensing or enforcement programs have been established under the local T21 Ordinance, yet. Soon after adoption of the local ordinance and the advent of the federal law raising the age to 21, the Covid-19 Pandemic disrupted many city services. City Council braced for a potential recession among other uncertainties. Budgets were tight and the licensing and enforcement aspects of this ordinance were delayed.

The T21 Ordinance is here before City Council for information to allow discussion now and following the Council Summer recess about various options that exist now, which did not previously, to potentially join in state enforcement programs already in use through the Arizona Attorney General's Office. Such collaboration may be more possible from a budget perspective. Representatives from the Arizona Attorney General's Office will likely be present to explain such options.

Other parties from both sides of the tobacco sales issue have also been invited to share their perspectives during public comment.

See above.