Prince George's Council Curbs Corner-Store Tobacco Sales

The Prince George's County Council voted 6-5 Tuesday to bar convenience stores from selling cigarettes and other tobacco products starting in July. Two members abstained. The measure passed at the council's last scheduled meeting before new members take office in December.

Three members voted against the bill and raised questions about the council's authority. "I do think you have issues around state law with this," said Wanika Fisher. "I don't believe we have jurisdiction for this," said Sydney Harrison. "I believe this bill is actually illegal," said Jolene Ivey.

Edward Burroughs, who voted for the measure, said he had similar doubts. "I wasn't sure about the legality, which is why I asked our lawyer, who told me that it was legal," Burroughs said.

The bill exempts gas stations that sell tobacco. Convenience stores that sell groceries, household goods and over-the-counter medications would be covered. County attorneys wrote in a memo to council Administrator David Murray that the restrictions make the measure "susceptible to a legal challenge." Attorneys in the county Office of Law wrote that a court could "conclude that the ordinance is regulating tobacco sales," which fall under state law.

Lobbyist Bruce Bereano said he plans to send a letter to County Executive Aisha Braveboy asking her to veto the bill. "Very respectfully, this bill is illegal and unconstitutional on its face. There's no question, there's no doubt, whatsoever," Bereano told the council. He has represented tobacco wholesalers in the past.

Council Chair Krystal Oriadha, the bill's sponsor, said tobacco shops have reached "oversaturation" in central and southern Prince George's County, including her District 7. "It's sad if we say that the only way we can have a corner market or a bodega or a store in our community" is if it also stocks cigarettes, she said. "Especially when I go into those stores, and it has no groceries. It has chips, cereal and tobacco products. That is it."

Mohin Uddin runs 24/7 Grocery stores in Oxon Hill, Temple Hills and National Harbor. Uddin, 33, said tobacco accounts for 20% to 30% of revenue at his stores, and leases on his properties run as long as 20 years. "If we can't make payments, the only other option is to file [for] bankruptcy," Uddin said. He said he does not object to a separate $5,000 annual operating fee the county plans to charge tobacco shops, liquor stores, gun stores and storage facilities starting in January. A coalition of 50 businesses has sued the county over that fee, calling it an "impose unlawful and punitive taxes."

"We are people who have taken risks, signed leases and hired employees, and invested in this county," Uddin said. "We are not asking for guaranteed success. We are only for a fair chance to survive."