Unlike its neighbor Cottonwood, Clarkdale chose not to embrace the Tobacco 21 initiative, rejecting a resolution that would restrict the sale of tobacco and vapor products to those 21 and older.
A 3-2 vote during the Clarkdale Town Council meeting Dec. 13 defeated the resolution, with Mayor Doug Von Gausig, Vice Mayor Richard Dehnert and councilman Curtiss Bohall voting against and councilmen Scott Buckley and Bill Regner voting in favor.
A unanimous vote by the Cottonwood City Council on May 3 had made Cottonwood the first city in Arizona to adopt the Tobacco 21 initiative. That city’s law went into effect June 2.
Cottonwood’s law restricts both the sale and the consumption of tobacco and vapor products to those 21 and older.
The ordinance presented to Clarkdale, however, limited the law to restricting the sale of tobacco and vapor products to those 21 and older. Possession or use of tobacco and vapor products to individuals between 18 and 20 years old would not have been affected.
Dehnert added a provision to the proposed law that would have phased in individuals who had reached the age of 18 by the law’s theoretical adoption date, allowing a three-year period for such individuals to be grandfathered into the law.
Effectively, if the resolution and provision had been approved, retailers would have been allowed to sell tobacco or vapor products to individuals who turned 18 on or before Jan. 13, 2017.
Proposed punishments would have be levied against retailers for allowing the sale of products to those under 21.
“A violation of this section shall be punishable under Article 1-8 of the Clarkdale Town Code as a civil violation,” the resolution read. “A monetary fine for a violation of not less than $25 nor more than $100 may be imposed.
“No violation may be brought as a criminal misdemeanor but may be brought as a petty offense.”
The council has heard twice from representatives of the Tobacco 21 initiative, but the majority of the council remained unconvinced.
“I think a majority of the council felt that that was not our role to do,” Dehnert said of effectively changing the law that presides throughout the state.
“The efforts of the groups that are trying to discourage smoking are admirable …. I think, though, we feel that education is more important than legislation.”
