Don’t Punish Stores Playing By the Rules: Targeted Enforcement in Colorado

In this opinion, Mary Szarmach argues that Aurora’s proposed tobacco retail licensing plan risks penalizing family-owned stores that follow the law. She notes that her business and others in the state card customers and comply with both state and federal requirements, yet a broad city license would add costs that could threaten margins in a tightly regulated industry.

The author stresses that a single, city-level license can be duplicative when state licenses already operate and local enforcement exists. Her concern is not about punishing actual violators, but about treating compliant retailers the same as chronic violators. She emphasizes the need for targeted enforcement rather than a blanket licensing mandate that adds administration without improving outcomes.

Public inspection data from Aurora show that across more than 1,500 compliance inspections, roughly 93% resulted in no violation. Szarmach highlights that this demonstrates the effectiveness of existing checks—staff training, ID verification, and adherence to laws—when enforcement is consistent and focused. Since 2023, there has been a significant reduction in violations due to this targeted approach.

There are bad actors, she concedes, and those stores should lose the privilege to sell if they repeatedly violate minors’ access restrictions. Her point is that a new license should not blanketly punish the many stores doing their part, especially when a robust regime already exists at the state level.

Instead of creating new licenses, Szarmach proposes increasing compliance checks and mandating standardized training for every retailer. Penalties from violations could be reinvested into further enforcement. This approach would be tougher on bad actors, fairer to compliant businesses, and ultimately more effective at protecting youth.

She also cautions against lumping very different products into a single licensing framework. New substances raise new questions that deserve thoughtful, specific rules, not a broad license that creates confusion.

Szarmach closes by urging councils to focus resources on enforcement, not on expanding red tape. By leveraging state licenses, increasing inspections, and applying escalating consequences to repeat violators, communities can safeguard kids while supporting responsible retailers who contribute to the local economy.