Prince George's Council Passes Convenience Store Tobacco Ban

Convenience stores in Prince George's County will stop selling cigarettes and other tobacco products starting next July, following a vote by the County Council on Tuesday. The body approved the bill by a narrow margin during its final scheduled meeting before new members take office in December.

Six of the 11 council members supported the measure. Two abstained from voting. The three members who voted against the bill raised questions about whether the council had the legal authority to enact such a prohibition.

Council member Wanika Fisher stated that she saw issues with the bill under state law. Council member Sydney Harrison said she did not believe the body had jurisdiction. Council member Jolene Ivey asserted that the bill was illegal.

Edward Burroughs, a member who voted in favor of the measure, admitted he was unsure about the legality of the rule. He noted that he consulted the council's lawyer, who confirmed the bill was legal.

The bill excludes gas station stores, which will retain the right to sell tobacco and related items. The ban applies to convenience stores, including those that also sell groceries, household goods, and over-the-counter medications.

Bruce Bereano, a longtime lobbyist who has previously represented tobacco wholesalers, said he intends to ask County Executive Aisha Braveboy to veto the measure. During the council meeting, Bereano called the bill illegal and unconstitutional on its face.

County attorneys also expressed concern in a memo to council administrator David Murray. The memo stated that the restrictions make the bill susceptible to a legal challenge. Attorneys from the county Office of Law, which is separate from the council's legal team, wrote that a court could conclude the ordinance is regulating tobacco sales, a domain typically governed by state law.

Krystal Oriadha, the council chair and sponsor of the bill, said she has worked to reduce the number of tobacco stores in central and southern Prince George's County. She described an oversaturation of such stores in her District 7 jurisdiction. Oriadha argued that a community should not need to stock cigarettes to support a corner market or bodega, noting that many of these stores sell little besides chips, cereal, and tobacco.

Mohin Uddin, 33, operates 24/7 Grocery stores in Oxon Hill, Temple Hills, and National Harbor. He said tobacco sales account for 20% to 30% of his business's total revenue. Uddin warned that losing this income could threaten his ability to cover expenses, including rent on properties where he has signed leases lasting up to 20 years. He said the only option if he cannot make payments would be to file for bankruptcy.

The county plans to begin charging tobacco shops, liquor stores, gun stores, and storage facilities $5,000 per year to operate in January. A coalition of 50 businesses has sued the county over this fee, claiming it imposes unlawful and punitive taxes. Uddin said he does not mind the $5,000 fee but argued it would be small compared to the millions in monthly revenue he expects to lose under the new tobacco sales restriction.