(The Center Square) – Prohibition of smoke shops opening or renewing their leases next year if located within 500 feet of a daycare center, K-12 school, youth center, recreational space or another smoke shop was discussed Tuesday in a proposal before the finance committee in Pennsylvania’s House of Representatives.
Sponsored by Democratic Rep. Ben Waxman of Philadelphia, the bill carries the support of Rep. Steve Samuelson of Northampton County, the committee chairman, and it has personal significance for Waxman.
“I started smoking tobacco when I was 15-16 years old and there was proximity and accessible-ness to that ability to buy tobacco,” Waxman said. “The driving idea behind this bill was to make it location based, so that accessibility is not as high for young people who may not be making a great decision.”
While state law prohibits individuals under 21 from smoking, approximately 16% of Pennsylvanian highschoolers use e-cigarettes. These nicotine products are often marketed to youth, with 90% of e-cigarettes using fruity or candy-like flavors like FROOT LOOPS or Orange Creamsicle to entice younger consumers.
Smoking-related deaths and diseases also continue to cost Pennsylvanians over $7.4 billion per year, a presenter at the meeting said. For younger smokers, the cost is also high, with many suffering from impaired brain development, lost attention capacity and increased likelihood of lifelong addiction.
Cait Allen, the president of an advocacy group for residents in Queen Village, Philadelphia, has witnessed a plethora of tobacco stores dominate her neighborhood, often setting up shop just a block away from sensitive areas such as parks and preschools.
“These shops are often a front for illegal activity, including the unapologetic sale of tobacco products to children,” Allen said during the committee discussion. “Unfortunately, state law currently preamps our ability to do almost anything about it. Our only real chance at stopping this proliferation is by preventing smoke shops from opening in the first place.”
However the bill, as it stands now, would do more than stop new smoke shops from opening.
President Tim McKinney from the National Association of Tobacco Outlets voiced his concern that the bill goes far beyond youth access prevention by failing to include a grandfathering clause to current smoke shops who have been legally conducting business up to this point.
“HP2295 creates the possibility that these businesses could be denied renewal or other licenses through no fault of their own,” McKinney said. “A retailer that luckily obtained a license years ago, could potentially become noncompliant if a new recreational facility or a youth center is established nearby. Businesses should not have to face the prospect of losing their licenses because of circumstances entirely out of their control.”
The top Republican on the committee, Rep. Keith Greiner of Lancaster County, along with Republican Rep. Leslie Rossi of Westmoreland County, agreed, believing the bill would cause too much collateral damage.
“I don’t know how we shut down an honest business,” Greiner said. “I have a real problem with that.”
Rather than investing time and money into new legislation that would close legitimate businesses, McKinney said Pennsylvania should focus on enforcing the laws that are already in place.
“It’s really an enforcement issue,” McKinney said. “That’s where the resources ought to go.”
Allen, however, said more law enforcement is not the most effective way to address the issue. Proving a store is acting illegally and closing it down requires police to witness and ticket an establishment three times in a 12-month period, he said.
“It sounds nice, and it’s the easy solution to just have LNI and the police come out and do it, but realistically there’s no way that they can run around closing all of these shops that are doing so much illegal activity.” Allen said.
LNI is the acronym for Philadelphia License & Inspection.
Still a far cry from receiving bipartisan support, the proposed bill is expected to receive further consideration and amendments over the next few weeks.
