Mill Valley's City Council voted unanimously on Monday, Sept. 21, to ban all retail nicotine sales. The city's five gas stations and convenience stores that sell the products would have to stop by Feb. 1, 2027.

The vote on first reading makes Mill Valley the second city in Marin County, after Corte Madera, to move toward a full retail ban on tobacco products and electronic smoking devices, the Marin Independent Journal first reported. The ordinance amends Chapter 7.20 of the Mill Valley Municipal Code, "Smoking Prohibitions and Tobacco Retailing Regulations," according to the council agenda. The ordinance returns for a final vote in October.

University of California research centered on Tamalpais High School found that nicotine consumption in the area is 12 times higher than elsewhere in the state. That statistic drove much of the council's discussion.

"It's a small store … and that will really impact our sales," said Eddie Diaz, co-owner of the Fuel 24/7 gas station and convenience store on Miller Avenue. "The problem is those types of sales are not easily replaced for the size of the store."

Diaz said tobacco products make up 52% of sales at his store. He said the business has donated more than $100,000 to local schools. Trade associations representing tobacco retailers, gas stations and convenience stores also wrote letters and testified against the ban.

City Manager Todd Cusimano estimated the city would lose upward of $30,000 in sales tax revenue.

Councilmember Katherine Jones said the council has been "playing whack-a-mole with an industry that keeps finding new ways to put addictive nicotine products in front of our children and young adults." She pointed to Zyn nicotine pouches sold in bright containers that resemble candy.

Teens testified that their peers were using social media coupons to buy nicotine products at a discount. After a prior council meeting, the Mill Valley Police Department ran an operation using fictitious social media accounts and decoys. Kelsey Rogers, the city's deputy administrative director, said the operation did not result in arrests but showed how quickly sellers can delete and recreate accounts.

The council had considered three options in March: mirroring Marin County's latest regulations, a complete ban or a phased approach. Members chose the complete ban.

Councilmember Caroline Joachim made the motion. She asked staff to bring back what fiscal-impact information they could before the final vote.

City staff had originally proposed an April 1, 2027, effective date. Mayor Stephen Burke pushed for Jan. 1, 2027. Vice Mayor Max Perrey suggested Feb. 1, 2027, to align with Corte Madera's Ordinance No. 1060, which the Corte Madera Town Council adopted 3-2 on Sept. 15. The Mill Valley council agreed.

Mill Valley's anti-smoking rules have tightened over decades. The city banned smoking in enclosed public spaces in 1992, expanded those rules to multi-residence buildings in 2015 and prohibited flavored tobacco sales in 2020.

The ordinance returns for a final City Council vote in October. Residents can check the city's meeting calendar for the exact date.