The City of Cleveland warned more than 200 shops selling tobacco products that they could get hit with a $500 fine if they don’t comply with new city laws that aim to improve oversight of tobacco sellers and curb youth access.
City Council passed a law last April requiring retailers that sell cigarettes, chewable nicotine, vapes and other tobacco products to pay for an annual license from the city. Retailers had until Dec. 31 of last year to comply.
But 243 out of approximately 500 retailers are still unlicensed, public health leaders told City Council’s Health Committee on Monday. After months of education, outreach and warnings for business owners, the city said it’s now moving into new territory. The tobacco sellers received warnings on April 24 and have 10 days to comply to avoid being ticketed, said Katrese Minor, director of Community Health Initiatives at the Department of Public Health.
“We’re entering a more aggressive enforcement launch,” Minor said.
Still, some city council members told department leaders they’re not seeing enough done to stem the growing number of smoke shops in their neighborhoods.
“I’d be interested to see the enforcement just in my neighborhood, because what we are putting out versus what is being seen, it’s not equating,” said Council Member Stephanie Howse-Jones. “From my perspective, I know we don’t have enforcement.”
Howse-Jones’ Ward 8 had the largest number of unlicensed smoke shops, according to data the city shared Monday.
New license program hopes to stem youth tobacco usage
To get a license, retailers have to open their store up to an inspection. City staff then verify that warning signs about health risks and age restrictions are properly posted. Licensed locations are also subject to trained “secret shoppers” who are supposed to check that stores don’t sell to anyone under the age of 21, which is state law.
The city wants to do all it can to restrict youth access to tobacco. The substance can significantly worsen health problems such as heart disease and type 2 diabetes. Mayor Justin Bibb’s public health department has proposed a number of tobacco-related pieces of legislation with varying success. In 2023, the department proposed banning flavored tobacco, an initiative that got caught up in court after state legislators passed a law prohibiting local tobacco bans. Another city proposal – which did pass – limited how close smoke shops could be located to schools, parks and playgrounds.
Local efforts are needed to keep tobacco products out of kids’ hands, Minor said. The state tends to fine employees who sell the substances instead of the store itself, she added. The new license is “so vitally important because it will give us that mechanism to be able to fine and eventually revoke licenses for any retailer that does not comply,” she said.
Last year, the city’s public health department received a state grant to check whether 92 retailers sold tobacco products to people under 21. About half of them did, Minor said.
Howse-Jones asked whether those retailers were charged. They were not, Minor said, and instead were given more education, according to the grant requirement.
Why aren’t retailers getting licensed?
Minor said that most smoke shops without a license are not intentionally breaking the law.
A key reason owners aren’t following through is lack of awareness, she said. The state also requires smoke shops to get a license, so many don’t understand that they need a separate one from the city, too.
Owners have also cited concerns about the cost of a license — it’s $500 annually per store location. Navigating the online application process can also be a barrier, Minor said.
Since late October, the city has sent out mailings, made in-person visits to stores, put up billboards and yard signs and created guides to the process, Minor said.
“Education is key before you do full enforcement,” Minor said. “You want to make sure that retailers understood what was expected.”
