File Photo by Gabriel Christus/Aurora Sentinel
AURORA | After months of testimony, a group of local teenagers, young adults and other advocates have apparently persuaded Aurora lawmakers to consider a new package of licensing tools aimed at keeping youth from getting tobacco products and other illicit substances.
“The primary purpose is to reduce youth access,” said Aurora Manager of Licensing, Trevor Vaughn.
The proposed ordinance, which was presented in a study session Monday, would establish city-level licensing for retailers selling tobacco, Kratom, certain hemp-derived THC products and related paraphernalia.
The primary goal is to prevent sales to minors, proponents say.
A group of young people with United for Better Futures, a branch of the Aurora Partners for Thriving Youth Coalition, has been working together for months to build awareness through regular testimony at “public invited to be heard” sessions during city council meetings.
Although the proposal is focused on youth access to tobacco and other substances that are illicit or age-restricted, some city council members felt that the measure goes too far by also addressing broader concerns around crime and neighborhood impacts.
Data from the Healthy Kids Colorado Survey, administered by the Colorado Department of Public Health and Environment, showed that in a local survey of approximately 1,400 Aurora students reported not being refused a sale of tobacco products due to their age when attempting to obtain them.
The statistic does not necessarily mean that 85% of retailers sold to minors; rather, it indicates that most youth knew where to obtain products, Vaughn said while presenting details about the city bill.
The survey also found that one in four students who reported tobacco use obtained products directly from retailers. National research showing most smokers begin before the age of 18 was also cited in support of stronger local oversight.
If the ordinance passes, the city would conduct compliance checks twice a year, with a penalty structure more aggressive than the state’s current tobacco enforcement system, Vaughn said. A fourth violation within 36 months could result in a company losing its license to sell such products.
Filling Gaps in State Oversight
Colorado law already restricts the sale of tobacco, Kratom and certain high-THC hemp products to those 21 and older. Though Vaughn said that state licensing does not comprehensively cover all product categories.
The ordinance underwent amendments requested by industry lobbyists and small businesses, as well as by the Business Advisory Board.
The state licenses tobacco retailers, and Kratom is regulated through the public health department, and certain hemp products through the Attorney General’s Office. Vaughn said those agencies have limited resources for compliance checks, leaving enforcement gaps.
The proposed Aurora license would create local oversight and extend enforcement authority to psychoactive hemp products and paraphernalia, including items marketed with youth-oriented branding, such as Hello Kitty pipes.
Vaughn showed city council photos of seized products from local vape shops, including packaging that resembled children’s characters. Local industry representatives did not object to prohibiting copyright-infringing or youth-targeted packaging, Vaughn said.
While the state focuses primarily on sales to minors and advertising, this proposed city program also addresses public health, safety and neighborhood impacts by including:
- License regulation of Kratom and age-restricted hemp products with proactive retail enforcement.
- Compliance with the city’s nonscheduled psychoactive substances and drug paraphernalia ordinance.
- Restriction of marijuana and tobacco paraphernalia sales to licensed retailers.
- Prohibition of youth-targeted paraphernalia using cartoon or copyrighted characters such as Pokémon and Star Wars.
- Limiting marijuana paraphernalia sales to customers 21 and older.
- Operational standards prohibiting loitering for drug or prostitution purposes.
- Prohibition of SNAP/EBT fraud. Such benefits cannot be used to buy the targeted products.
- Authority to inspect books and records.
- Ability to source illegal psychoactive products.
- Licensee “good moral character” requirements.
The four strikes of penalties according to city information:
- First violation: Minimum $1,000 fine (vs. state’s $250 fine).
- Second violation within 36 months: $2,000 fine and 7-day suspension.
- Third violation within 36 months: $2,650 fine and 21-day suspension.
- Fourth violation within 36 months: Revocation of license.
The ordinance includes new spacing restrictions: 1,500 feet from schools, 500 feet between “incidental” retailers, such as grocery or convenience stores, 2,000 feet between vape and smoke shops, and two miles between hookah lounges.
Vaughn said existing businesses would be grandfathered in and allowed to transfer licenses to new owners, provided they operate lawfully.
Aurora currently has six licensed hookah lounges and one pending application, Vaughn said, and three have been closed since September 2024 for unspecified violations.
“They’re kind of a perpetual issue for us with behavior,” Vaughn said about hookah lounges. “We’ve closed three since September 2024, due to violations. I’ve actually had some issues at four of these six. Kind of a perpetual thing nationwide.”
He said that many cities are restricting hours on hookah bars, linked to alleged late-night issues with crime.
Premium cigar lounges would face fewer restrictions than hookah bars and, under state law, cannot obtain liquor licenses because of the Colorado Clean Indoor Air Act.
The ordinance could add additional enforcement and revenue.
Aurora has approximately 335 retailers affected by the proposal, including 272 incidental retailers and 55 smoke shops, according to Vaughn.
A proposed $500 annual license fee is expected to generate roughly $170,000, Vaughn said. Enough to fund a new full-time supervisory position. Vaughn projected an additional $30,000 in potential fine revenue based on last year’s compliance failures under state enforcement.
Debate Over Scope and Enforcement
Councilmember Curtis Gardner said he had an issue with the ordinance’s additional language, which addresses loitering, nuisance activity, and SNAP/EBT fraud, and that they extend beyond the stated goal of preventing youth sales.
“Frankly, this is right up there with the 1950s film Reefer Madness. Pretty, pretty disappointing,” Gardner said.
He disagreed with the language that could hold retailers accountable for loitering or criminal activity outside their businesses.
“It is not the job of a store owner to be a law enforcement officer,” Gardner said. “It’s the police’s job to enforce the law.”
Bergan said she was concerned about employee safety and the potential liability of asking clerks to confront loiterers late at night. Vaughn said that the intent is not to require confrontation but to encourage “good faith” measures, such as improved lighting, security cameras, calling the police and other crime-prevention strategies.
City Attorney Pete Schulte told city council members that any enforcement tied to federal SNAP violations would require objective standards and documented findings from federal authorities to avoid legal challenges.
Several council members hinted at possible amendments before the ordinance reached a formal vote. Proposed changes include removing or clarifying language on loitering and nuisance activity, reconsidering the inclusion of SNAP/EBT fraud, adding more specific standards for “good moral character” requirements and clarifying license suspension or revocation.
The bill’s prime sponsors, Councilmember Ruben Medina and co-sponsor Councilmember Stephanie Hancock, were willing to listen and negotiate possible amendments from other council members when the bill comes to the city council floor for debate. A date for the measure’s introduction has not yet been set.