HomeMy WebLinkAbout06/17/1997, 2 - REGULATION OF THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS jcouncil ;, _ y
acenaa uepont
C I TY OF SAN LU IS O B I S P O
FROM: Jeffrey G.Jorgensen ity Attorney
SUBJECT: Regulation of the Sale and Distribution of Tobacco Products
CAO RECOMMENDATION
Introduce an Ordinance to Print Amending Title 8 of the City's
Municipal Code to Include a New Chapter(8.18)Restricting the
Display of Tobacco Products for the Purposes of Sale and
Prohibiting the Sale of Tobacco Products to Minors.
DISCUSSION
At the May 27, 1997 City Council meeting, Councilperson Smith presented a communication item
requesting staff to draft an ordinance regulating the display of tobacco products and prohibiting the
sale of tobacco products to minors for Council consideration.
The attached ordinance is modeled closely after a similar ordinance adopted by the City of Santa
Barbara. The ordinance would regulate the sale and distribution of tobacco products in the
following ways:
• It requires the posting of specified signs indicating that the sale of tobacco products to minors is
prohibited and that photo I.D. is required.
• It prohibits the sale of tobacco products to minors and requires identification.
• With certain exceptions, it prohibits the sale of tobacco products by self-service display, and
requires all sales to be exclusively by means of vendor assistance.
• It requires that cartons of cigarettes, multi-container packages of smokeless tobacco and cigars
and pipe tobacco be under the direct observation of the vendor.
• It prohibits out-of-package sales.
Similar ordinances have been adopted by numerous California cities and counties. They have
generally been well received, and have proven to be an effective tool in limiting access to tobacco
products by minors.
The Federal Food and Drug Administration(FDA)has developed rules designated to restrict access
to tobacco products by minors, which will take effect on August 28, 1997. The proposed
Council Agenda Report-Title of Report
Page 2
ordinance is more restrictive than the FDA rules, and therefore will require the City to apply for an
exemption from Federal preemption. It is not anticipated that the application for exemption will be
unduly burdensome,but should the FDA amend its rules further, amendments to the ordinance may
be required in the future.
ENFORCEMENT
In order to minimize the potential administrative impact on the City, enforcement of the ordinance
will be on a complaint only basis and will emphasize education and voluntary compliance rather
than a punitive or prosecutorial approach. The City developed a detailed "self-enforcement"
procedure in 1990 as a part of its comprehensive amendments of the smoking ordinance. That
procedure has proven to be highly effective, and staff proposes to use a similar approach with the
enforcement of this ordinance. In addition, Susan Hughes, Director of Health Promotion of the
San Luis Obispo County Health Department Tobacco Control Program, has graciously agreed to
assist the City by identifying tobacco vendors, providing them with a copy of the ordinance, and
assisting with an educational campaign.
CONCURRENCES
The City Administrative Officer and Police Chief concur in the recommendation.
FISCAL EAPACT
Initially, there will be some impact on the City Administrator's Office to implement the self-
enforcement procedure, coordinate with the County Health Department, notify tobacco vendors of
the new requirements, and respond to complaints, if any. So long as the recommended emphasis
on education and voluntary compliance is used, it is not anticipated that the added workload will be
significant. To the extent further enforcement becomes necessary, there will be additional impacts
on the Police Department and City Attorney's Office.
ALTERNATIVES
1. The Council may defer action on an ordinance until the FDA rules go into effect on August 28,
1997. This alternative would provide us with the advantage of knowing what the FDA's final
rules are, and remove any potential ambiguity or conflict in our ordinance.
2. The Council may decline to regulate in this area and rely upon the FDA rules. This alternative
would provide a lesser level of regulation of the display of tobacco products and sales to
minors.
Attachments:
A-Proposed Ordinance
B-5/22/97 Memo from Kathy Smith
ORDINANCE NO. (1997 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADDING CHAPTER 8.18 OF THE SAN
LUIS OBISPO MUNICIPAL CODE RESTRICTING THE
DISPLAY OF TOBACCO PRODUCTS FOR THE PURPOSES
OF SALE AND PROHIBITING THE SALE OF TOBACCO
PRODUCTS TO MINORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AS FOLLOWS:
SECTION 1. Chapter 8.18 of the San Luis Obispo Municipal Code is hereby
added to read as follows:
Chapter 8.18
REGULATION OF THE SALE AND DISTRIBUTION
OF TOBACCO PRODUCTS
SECTIONS:
8.18.010 Posting of Signs.
8.18.020 Sales to Minors.
8.18.030 Self-Service Sales of Tobacco.
8.18.040 Out of Package Sales.
8.18.050 Violation-Penalty.
8.18.010 Posting of Signs.
Any person, business, tobacco retailer, or other establishment subject to this
chapter shall post plainly visible signs at the point of purchase of tobacco products
which state:
"SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW,
PHOTO I.D. REQUIRED."
The letters of said signs must be at least one-half inch (1/2') high.
-3
dt1'nnHmntnt d
Ordinance No. (1997 Series)
Page Two
8.18.020 Sales to Minors.
No person, business, tobacco retailer, or owner, manager, or operator of any
establishment subject to this chapter shall sell, offer to sell or permit to be sold any
tobacco product to an individual without requesting and examining identification
establishing the purchaser's age as eighteen years or greater unless the seller has
some reasonable basis for determining that the buyer is at least eighteen years of age.
8.18.030 Self-Service Sales of Tobacco.
A. Sales of Tobacco Products by the Pack. It shall be unlawful for any
person, business, or tobacco retailer within the City to sell, offer for sale, or display for
sale any tobacco product by means of a self-service display. All tobacco products (other
than cartons of cigarettes, multi-container packages of smokeless tobacco and cigars
and pipe toabcco displayed for sale pursuant to subparagraph B below) shall be offered
for sale exclusively by means of vendor/employee assistance.
B. Sales of Cartons, Cigars, and Pipe Tobacco. Cartons of cigarettes,
multi-container packages of smokeless tobacco and cigars and pipe tobacco may be sold
by means of self-service merchandising displays only when such product displays are
under the direct observation of a vendor/employee. Tobacco products shall be deemed
to be under direct observation of a vendor/employee only if the tobacco products
themselves (and not merely the racks, shelves, kiosks, etc., where the products are
displayed) are in the plain and direct view of a store employee at all times.
8.18.040 Out of Package Sales.
No person, business, tobacco retailer or other establishment shall sell or offer for
sale cigarettes or other tobacco or smoking products not in the original packaging
provided by the manufacturer and with all required health warnings.
8.18.050 Violation - Penalty.
Any person, business owner, or proprietor, or employee of any business or
establishment subject to the requirements of this Chapter who violates any mandatory
Ordinance No. (1997)
Page Three
provision of this chapter shall be guilty of an infraction, and is subject to punishment
as provided for in Chapter 1.12 of this Code.
SECTION 2. A summary of this ordinance, together with the names of
Councilmembers voting for and against, shall be published at least five (5) days prior to
its final passage, in the Telegram-Tribune, a newspaper published and circulated in
this City. This ordinance shall go into effect at the expiration of thirty (30) days after
its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at its meeting held on the day of 1997, on a motion of
roll call vote: seconded by , and on the following
Ayes:
Noes:
Absent:
Mayor
ATTEST:
City Clerk
APPROVED:
ley
May 22, 1997
Communication for May 27 Agenda
TO:City Council Members
FROM: Kathy Smith4&, ---
RE:Agendizing proposed ordinance
I have been meeting with Dr. Steve Hansen (Jeff Jorgenson present once)
regarding a proposed ordinance I would like the Council to consider ASAP.
The ordinance concept is quite straight forward and serves to make a statement
about our concern for our youth in terms of tobacco addiction.
The major component is that of removing counter-top displays of cigarettes from
all retail establishments —probably not a large number left in SLO. Additionally
its enforcement would be proposed as complaint-based.
In my view, we need this Ordinance in San Luis —it is already in Santa Barbara,
Carpenteria and other cities in California. My request will be to agendize this
issue and instruct staff to draft an ordinance for our consideration.
Your concurrence on this first step will be appreciated.
CC:John Dunn
Jeff Jorgenson
Jim Gardiner
Attachment B
ORDINANCE NO. (1997 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADDING CHAPTER 8.18 OF THE SAN
LUIS OBISPO MUNICIPAL CODE RESTRICTING THE
DISPLAY OF TOBACCO PRODUCTS FOR THE PURPOSES
OF SALE AND PROHIBITING THE SALE OF TOBACCO
PRODUCTS TO MINORS
On June 17, 1997, the San Luis Obispo City Council voted to introduce
Ordinance No. (1997 Series), which adds Chapter 8.18 to the San Luis Obispo
Municipal Code, restricting the display and sale of tobacco products for the purpose of
prohibiting the sale of tobacco products to minors. The ordinance requires the posting
of signs for the sale of tobacco products; prohibits sale of tobacco products to minors;
prohibits the sale of tobacco products by the pack from self-service display machines;
provides that tobacco products in cartons or multi-container packages must be
displayed for sale only when under the direct supervision of a store employee; and,
prohibits sale of tobacco products not in original packaging by the manufacturer.
The Council must vote again to approve the ordinance before it can take effect.
That action is tentatively scheduled for July 1, 1997, at a regular City Council meeting
to begin at 7:00 p.m. in the Council Chambers of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City Clerk's Office, Room
No. 1 of City hall. For more information, contact the City Attorney's Office at
781-7140.
JUN-17-97 TUE 13 :54 TCP MEE7i�l�ti!'-`235 AGENDA P 02
DATE ITEM #
San Luis Obispo County
Tobacco Control Coalition
285 South Street, Suite M
San Luis Obispo, CA 93401
June 17, 1997 AECEIVED
JUN 1 7 1997 ' CIL 0 CDD DIR
0 FIN DIR
Mayor Allen K. Settle SLO CITY COUNCIL AO 0 FIRE CHIEF
City of San Luis Obispo ORNEY 0 PW DIR
990 Palm Street CLERKIORIG 0 POLICE CHF
0 MGMT TEAM 0 REC DIR
San Luis Obispo, CA 93401 0 IJ UTIL DIR
❑ PERS DIR
Dear Mayor and Council Members:
We,the San Luis Obispo County Tobacco Control Coalition, urge you to support the self-
service tobacco display ordinance before you tonight.
Certainly, we all agree that we as a community want to prevent our children from failing
prey to the deadly addiction of tobacco.The ordinance you are considering tonight is one
of the most effective ways of doing this. Similar ordinances in the neighboring counties
of Santa Barbara, Monterey and Kern have successfully reduced the sales rate of tobacco
products to minors and we are sure it will do the same here.
Once again, the San Luis Obispo City Council has the opportunity to be the leader in this
county in caring for the health and well-being of its citizens. We thank you in advance
your support. ,
l C� -
JUN-1'/-1'JtU 1.5;d4 K-HL I H bFJ14'Itl� H.bl/bl
ETING AGENDA 7 ,
DATE -1 '97 ITEM # '
FAXi Date 06/17/97
INumber of pages including cover sheet ?
TO: Honorable Councilpersons FROM: Dawn M. Dunn
Greg Hart Tobacco Prevention and
Elinor Langer NCIL 0 C D DIR Control Program
a�pppp
O O FI DIR
Helen BeaverIA
B'Ael►o O FI E CHIEF 300 San Antonio Road
Tom Roberts "`ERWOR G o P DCE,CHF Santa Barbara, CA 93110
cum Y C DIR
O O DIR
O DIR
Phone 564-5318 Phone (805) 681-5408
FaX Phone 564-5475 Fax Phone 805 681-4782
CC: Honorable,.AllemK:`Seftle
Ma or, San Luis Obispo
REMARKS: ® Urgent ❑ For your review ® Reply ASAP ❑ Please Comment
I am aware that the City Council is in session and apologize for routing this to your attention
today.
I have just been informed that the San Luis Opisbo City Council is considering the enactment of
a self-service display ban tonight at their Council meeting. Ms. Beeman, of the California
Grocers Association (CGA), as well as representatives of the Southland Corporation (7-11)
have requested a delay of the hearing.
1 think it might be useful to the Mayor and fellow Councilpersons of fan Luis Obispo if you
(individually or collectively) could share your experience with the CGWs involvement with the
enactment of Santa Barbara City's ordinance.
You can FAX the Mayor at City Hall at 781-7109 or call him at 781-7119.
Thank you in advance for your feedback.
p.s. Councilmember Hart As a follow-up to the local law enforcement training regarding youth
access laws, can you provide me with your contact at the Santa Barbara Police Department?
ECEIVED
J
i
SLO CITY COUNCIL
-----------------
i
i
TOTAL P.01
MEETING AGENDA
DATE - -tL ITEM #Why
•
SelfwService
D'101splay
dans
Self-Service Cigarette Display Bans :
1. Reduce Shoplifting
2. Increase ID Checking
3. Reduce Illegal Sales to Youth .
4. Reduce In-Store Advertising
�
OUNCIL O CDD DIR
AO G FIN DIR
VCAO O FIRE CHIEF
TTORNEY O PW DIR
CLERKIORIG 1 POLICE CHF
O G TEAM O REC DIR
3 UTIL DIR
0 PERS DIR
Self-Service Tobacco Display Ordinance
----------------------------------------------------------- --------
Tobacco & The following facts show the problem of tobacco use among youth:
Youth
* Each day, more than 200 California teenagers become smokers.
That is one child every 7 minutes.,
" More than half of all smokers begin smoking before the age of 14,
and 90%begin by the age of 19. If individuals do not begin smoking a
as teenagers, they will likely never start smoking.:
* Studies have shown that shoplifting is a common behavior among teens; in
fact, 1 in 10 teenagers reported shoplifting as their primary means of
obtaining cigarettes.3
* Tobacco use is increasing among youth..
* In San Luis Obispo, tobacco use is higher than the state average:
Youth Smoking Prevalence in San Luis Obispo
CA(%) San Luis Obispo(%)
1990 9.1 12.0
1993 9.1 13.5
1994 10.9 N/A
1995 11.9 N/A
Reasons for increase:
a. Influence of tobacco advertising. Tobacco products are
among the most heavily advertised and promoted products
in the United States, with the tobacco industry spending
more than $6 billion annually.s
b. Influence of peers and parents.
C. Easy access to tobacco products. Illegal tobacco sales are
most common in Gas Stations (45%); Liquor Stores (35%);
Small Groceries (30%); and Gas/Convenience Stores (29%).6
" Smoking is a"gateway" to other drug dependencies. Teens who smoke
heavily(one pack per day) are 3 times more likely to use alcohol, 8 times
more likely to use marijuana, and 22 times more likely to use cocaine.,
The The following statistics illustrate the problem of illegal tobacco sales to minors:
Problem
According to Youth Purchase Surveys conducted during 1995- 1996 e
In San Luis Obispo County, illegal tobacco sales to teens was 34%
compared to the state rate of 29.3%.
* In the San Luis Obispo County 1996 survey, 22% of self-service attempts
topurchase tobacco products resulted in an illegal sale compared to 16%
of clerk-assisted attempts. Statewide, 46% of self-service attempts to
purchase tobacco products resulted in an illegal sale compared.to 33% of
clerk-assisted attempts.
Stop Tobacco Access to Kids Enforcement (STAKE) Act Compliance Checks9
* In San Luis Obispo County, 35% of stores investigated sold tobaccoto
teens.
Proposed The proposed self-service tobacco display ordinance would require that all
Ordinance individual package tobacco sales transactions be made with clerk assistance.
All such tobacco products would be sold from behind the sales counter or from
cases accessible to store employees only, while cartons, multi-packs of chewing
tobacco, pipe tobacco and cigars must be in direct view of an employee at all
times. Out of package sales are prohibited. Special signage and photo ID is
required. This proposed ordinance will help prevent illegal sales of tobacco
products to minors and will eliminate shoplifting.
Ordinance A self-service tobacco display ordinance reduces youth access to tobacco in three
Impact ways:
1. Discourages underage buyers who might not be assertive enough to ask for
tobacco from an employee
2. Promotes ID checking by clerks (due to increased interaction with the
customer). In fact, studies by San Diego State University and Universit of
Minnesota found that when IN were checked, sales were refused 97% of
the time.
3. Eliminates shoplifting.
Reduction of The following cities reported a reduction in illegal sales rate to minors after
Illegal Sales enactment of a self-service ban ordinance:
City(ies) Pre- Post- Comments
ordinance ordinance
sales rates sales rates
Monterey/Salinas, CA,: 64% 11%
Before 1994 1996
*Carpinteria, CAis 50% 0% 0% for the last 2 youth
purchase surveys
*Poway, CA14 25-35% 7%
* Post-ordinance sales rate=1-year enactment of the ordinance.
In 3 cities (Rohnert Park, Novato & Sebastopol) that did not pass a self-service
ban ordinance but opted for sight surveillance instead (tobacco products in full
view of the clerk), sales rates remained significantly high at 53-89%. When the
city of Sebastopol revised its ordinance to include the self-services ban regulation
the sales rate dropped from 53% to 13%.ii
Support for The following organizations/agencies support the ordinance:
Ordinance * San Luis Obispo County Public Health Agency
* San Luis Obispo Tobacco Control Coalition
* San Luis Obispo County Medical Society
In addition:
* President Clinton announced the release of federal regulations
allowing the Food and Drug Administration(FDA) to regulate how
tobacco is marketed to youth. A ban on self-service merchandise
is one of the regulations.
* A national survey by Robert Wood Johnson Foundation found that
78% of respondents supported a ban on self-service merchandise to
prevent shoplifting by youth.is
* A self-service tobacco display ordinance has been adopted in
over 100 cities and counties nationwide(Massachusetts,New
Jersey, Minnesota, Wisconsin, Utah, Pennsylvania and Maine) and
at least 40 cities and counties in California.
* A working group of 27 state Attorneys General recommended a
ban on self-service displays.i6
Arguments & Counter Arguments Regarding a Self-Service Ban
Arguments Counter Arguments
Tobacco sales to minors is *In San Luis Obispo County, 34% of retailers were willing to
not a problem. Retailers sell tobacco to minors.&
do not sell to minors. *Twenty-two Percent of self-service attempts to purchase
tobacco products resulted in an illegal sale compared to 16% of
clerk-assisted attempts.s
*Over 29 million pacts of cigarettes are sold to California
children annually, generating $62.5 million in sales revenue for
the tobacco industry.n
Merchant education is the *More than 1 in 3 San Luis Obispo County retailers are selling
best way to reduce sales to tobacco to minors, despite education efforts.&
minors. The We Card *To be effective, merchant education must be ongoing. In Santa
program is a good Barbara and Santa Clara, the sales rate increased when education
example. (We Card conducted by CGA) ceased.jug
*Surveys from STAMP, Poway, Carpinteria and
Monterey/Salinas revealed that after enactment of the ordinance
the illegal sales rate to minors decrease significantly. (Poway-
7%; Carpinteria-0%; and Monterey/Salinas 11%)11.12,13.1.
*Illegal tobacco sales are most common in Gas Stations(45%);
Liquor Stores(35%); Small Groceries (30%); and Convenience
Stores(29%). 6
*Reducing sales to minors requires a comprehensive approach.
*Retailers need various avenues to be reminded about the law.
Stop picking on retailers. *Under PC308b, youth are fined $75 or serve 30 hours of
Target/fine youth and their community service for purchasing or possessing tobacco.
parents. *Thousands of youth and parents could potentially be fined, but
this does not get at the source of the problem.
*When one merchant complies with the law, hundreds of youth
are impacted. Since there are fewer merchants than there are
youth, it is more efficient and cost effective to target merchants.
*The state, county, and local tobacco education programs are
committed to anti-tobacco efforts, especially those that target
youth. Projects include anti-tobacco mass media messages,
activities in/with the schools, community/school presentations
A line of sight ordinance *Line of sight is designed to prevent theft; it does nothing to
would be sufficient. prevent illegal sales of tobacco products to minors.
*Difficult to enforce due to differing interpretations of line of
sight.
Arguments & Counter Arguments Regarding a Self-Service Ban
Arguments Counter-Arguments
The FDA regulations will *A local ordinance is easier to enforce than a federal regulation.
eliminate self-service *The FDA regulations include the self-service display ban and
displays. are scheduled to be implemented August 1997. However,
litigation may prevent implementation.
Shoplifting of tobacco *Studies show that shoplifting is a common behavior among
products by minors is not a teens; 1 in 10 teenagers report shoplifting as their primary means
problem. of obtaining cigarettes. 3
*Since stealing cigarettes is more common in stores that use self-
service displays than in stores that use vendor-assisted displays,
and since many stores report cigarettes as the most stolen item,
many retailers have voluntarily eliminated self-service displays.3s,
*Surveys from STAMP, Poway, and Carpinteria revealed that
after enactment of the ordinance retailers noted a reduction in
theft (Specifically in Poway and Carpinteria there was a 20 and
33% reduction, respectively.)il.13.14
Ordinance compliance will Surveys from STAMP, Poway, and Carpinteria revealed that
necessitate costly after enactment of the ordinance retailers reported: 11.13.14
architectural/structural *little or no architectural/structural expenses.
changes. *received locked cabinets or shelves from tobacco
distributorstcompanies.
*According to a recent San Luis Obispo merchant survey, 43%
of the respondents already implement vendor-assisted sales. IU
Retailers will lose slotting *Retailers can receive slotting fees from other non-tobacco
fees (monies paid to stores companies.
for prominent floor, shelf, *Not all retailers receive slotting fees.
advertisement space). *Surveys from STAMP, Poway. and Carpinteria revealed that
after enactment of the ordinance.11,13,14
- the majority of retailers did not lose slotting fees.
- retailers still received slotting fees, promotional allowances,
and advertising fees from tobacco companies.
*The only economic impact will be the loss of sales tax revenues
and store profits from tobacco no longer sold to minors.
Already a state law *There is limited or no enforcement of the law.
prohibiting tobacco sales to *More than I in 3 stores still sell tobacco to minors in San Luis
minors(PC308a). Obispo. s
Youth Access Tobacco Ordinances/Laws
State Mandate
♦ The California Legislature set a goal of reducing smoking prevalence in California to 6.5%
by 1999. Achievement of this goal requires a major reduction in the uptake of smoking by
youth. (Health and Safety Code, Section 24163)
Federal Mandate: Synar Amendment
♦ In June 1992, the federal government enacted a law, known as the Synar Amendment, which
requires states toe c and enforce a law prohibiting the sale or distribution of tobacco
products to youth under the age of 18.
♦ The Synar Amendment requires states to reduce their sales rates of tobacco to minors to no
more than 20%by the year 2000. Failure to do so could result in a cut of up to 40%in a
state's annual Substance Abuse Prevention and Treatment Block Grant-a loss of
approximately$60 million for California.
Sacramento County's recent Youth Purchase Survey(June 1996) revealed a 36%illegal sales
rate to minors which will significantly affect the 20% goal if not reduced.
Stop Tobacco Access to Kids Enforcement (STAKE) Act
♦ September 28, 1994, the California STAKE Act was signed into law. It establishes a
statewide tobacco enforcement program for Penal Code 308 which prohibits the sale of
tobacco products to persons under the age of 18.
♦ The STAKE Act requires the California Department of Health Services(DHS) Food and
Drug Branch(FDB)to establish and operate a statewide enforcement program to reduce
tobacco sales to youth. If a resident witnesses an illegal sale,they should call
1-800-5-ASK-4-ID.
♦ Civil penalties are assessed against owners of retail stores and businesses which violate the
state law prohibiting tobacco sales to youth. Fines range from$200-$6,000 depending on
repeated sales by the individual stores.
44 Counties and Cities in California with a
Self-Service Tobacco Merchandise Ban Ordinance
Kern County Santa Barbara County
Shafter Carpinteria
Santa Barbara City
Marin County _
Belvedere San Diego County
Corte Madera Chula Vista
Fairfax Imperial Beach
Larkspur Poway
Mill Valley Vista
San Anselmo
San Rafael San Francisco County
Sausalito San Francisco City,&County
Tiburon
Marin County Santa Clara
Palo Alto
Mendocino County
Fort Bragg Solano County
Ukiah Vallejo
Mendocino County
Sonoma County
Monterey County Cotati
Monterey County Healdsburg
Salinas Petaluma
Santa Rosa
Napa County Sebastapol
Calistoca Sonoma City& County
Napa City&-County Windsor
~� limon City
Yountville
San Mateo County
Belmont
Foster Citv
San Mateo City& County
San Bernadino County
Redlands
Suurce:ANR S Rick Cropp.Noah Oaf•lieallh Resources 1197
References
1. Tobacco Use in California,CA Department of Health Services,1992.
2. Strategies to Control Tobacco Use in the U.S.:A Blueprint for Public Health Action in 1990'x.U.S.Department of
Health and Human Services,Public Health Service,National Institute for Health,Nation Cancer Institute,
Publication no.92-3316,December 1991;and NIDA,Drug Use Among American High School Seniors,College
Students and Young Aduhs,1991.
3. Little R.Hottest picks in grocery store. USA Today,USA Snapshot,December 13,1990;and Cimoski J.Sheridan
M.Tobacco acquisition practices of adolescents in two Wisconsin communities. Wisconsin Medical Journal,1994;
93:585-91.
4. Source:Pierce JP.Evans N.Cavin SW.Kealey S.Krell AM,Farkas Al,Berry C.Kaplan RM. Tobacco Use in
California;Regional vs.State Level Changes. 1990.1993,Sacramento County. La Jolla,California:University of
California,San Diego;1994.
5. DiFranra JR.&Tye JH. Who Profits from Tobacco Sales to Children?JAMA. 1990:263:2784-2787.
6. California Youth Tobacco Purchase Surveys,1995-1996. Tobacco Control Section,California Department of
Health Services,1996.
7. National Institute on Drug Abuse,National Survey Results on Drug Use from Monitoring the Future Survey,1975-
1992,Vol.2,Bethesda,MD;U.S.Department of Health and Juman Services,Public Health Service,National
Institute of Health,1993,Publication no.93-3598.
8. San Luis Obispo County Public Health Agency Tobacco Control Program Youth Purchase Survey,
June 1996.
9. Source:California Department of Health Services,Food&Drug Branch Data collected from December 27,1995
to Decembcr 31,1996.
10. Unpublished report Tobacco Product Placement&Sales to Minors-How arc they related? Project TRUST,1996.
11. Kropp,RiclkA report on the impact ofSTAMP's comprehensive youth access ordinance regulations,including
self-servicelvendor-assisted regulations,on over-the-counter tobacco sales to minors from retail stores in 15
Northern California cines. North Bay health Resources Center,Stop Tobacco Access for Minors Project(STAMP)
Petaluma,CA June 2,1995.
12. Monterey County Department of Education and Prevention Program Youth Purchase Survey,1996.
13. Unpublished report. Carpinteria Self-Service Cigarette Display Ban:EconomicImpact&AttitudinalAssessment.
Santa Barbara County Tobacco Education Prevention Program,November 1996.
14. Unpublished report The Impact of a Local Ordinance Prohibiting Self-Service Sales of Tobacco:A Case Study
Of the City of Poway,Project TRUST.
15. Robert Woad Johnson Foundation Youth Access Survey:Results ofa National Household Survey to assess Public
Attitudes about PolicyAltemativesforLimitingMinor'sAccesstoTobaccoProducts. Prhwxton,NJ:Mathematiea
Policy Research,Inc.,December 1994.
16. Findings and Recommendations of a Working Group of State Attorneys General. No Sale:Youth,Tobacco and
Responsible Retailing,Developing Responsible Retail Sales Practices and Legislation to Reduce Illegal Tobacco
Sales to Minors.December 1994.
17. Cummings. The Illegal Sale of Cigarettes to U.S.Minors,Estimated by State,APHA, 1994:84:300-302.
18. Altman,D.G.Rasenick-Douss,I_,and Tye J.:Sustained effects of an education program to reduce sales of cigarettes to motors AJPH 81:891-
893,July 1991.
19. Unpublished report,Underage Tobacco Purchases in the City ofSanta Barbara. A Special Report by the Santa Barbara County Tobacco
Education Prevention Program to the Santa Barbara City Council,November 1996.
20. San Luis Obispo Survey,regarding Self-Service Tobacco Displays San Luis Obispo County Tobacco Control Program,
June 1997.
21. Institute of Medicine. Growing up tobacco free;Preventing nicotine addiction in children and youths Washington,DC;National Academy Press,
1994;and Wildey MB,Woodruff SI,Pampalone SZ,ct al. Self-service sale of tobacco:How it contributes to youth access Tobacco Control
1995;4:355.61.
MEETING AGENDA
loom DATE 6-1�1 99 ITEr .
I.■ Sacramento O llcer
I)1,(•ri 5l rrrl,}ui15'71111
California Grocers Association tiaa'fa111C'It t, )5KI.1
'1'iF f',Ihl 4qh 4s,5
V":VIVO 44K 4'N',
- E I.KSI G l'lil•:FUl)I)INDI NTRY 01:CALIFORNIA SINI'1% 1xt)t SouthernCalifornia Offtcel
1(IoWr%,I5fn;5dway
JUN 1 6 1997 `"""
�NNCIL O CDD DIR 5x aa'�a•I,,CA'XIhnc
e 16, 1997 "AO 0 FIN DIR i1:f 51511142 MGM
P"r-Ztl�TITY COUNCIL C9'A 0 O FIRE CHIEF
,, !
Board of Directors T NEY O PW DIR
19KLERKIORIG O POLICE CHF
olfiCV*. p MGMT TEAM p REC DIR
ch'irmmtnflhr,5.,,fJp O UTIL DIR
luriuu,h K1,21rdi
+l�,r••.r',,�,r The Honorable Allen K. Settle p G PERS DIR
Fi,,,v.crch"'rma" Mayor, City of San Luis Obispo
1',+,LrN,l�+hl F•IXuf;t,unJhuf,' City Hall
FAX
.ntd ri.v ciu,rnut, 990 Palm Street
Irr M,l,.'n`•` San Luis Obispo, CA 93401
rrCo,•„n'r
Mlkr tiI„n,
...... "i'' """" Dear Mayor Settle and Council members:
Ikwrnar,
W.R.'IIill'MurA10IIV)'
h,V M,n'09.:
„p,,,,,rPan, I.MrII.In It has just been brought to our attention that the City Council will be discussing
KV1III,'r„nN•n the issue of self-service displays for tobacco products on the Council Agenda for
fl.,li,i1,.)"'1....,,1.1+..4•nu•n• l•,
Dowd Members 7:00pm on Tuesday, June 17. Unfortunately, due to this extremely short notice, it
Ih,lt.,l,ar:I510 will be extremely difficult for retailers to arrange time away from their stores to
I„IIAma.o attend the meeting and voice their concerns.
�MfY•.J F+rK ILN,ynunf
lin•,r Barr
i..,,' "'°G"..” As such, we would respectfully request that any discussion of this issue be
4n I4•rtxTian
:•,f..ra,.',• I... I••.,':1':• continued to the following council meeting so that retailers will e able to
!;;; !y';;'.,,,,,,,, attend and participate in the public policy process.
5:huck liaan>
,,,,,,,,Kia•ly I•, I�rr. Regarding the issue of the significance of self-service displays, illegal tobacco sales
l ,111c, "" "' and shoplifting, we would like to direct your attention to the attached review of
'tarn Ihn,i I. .
fill„5-.<I tf.,.a•.+./'i"'f„'•••,., studies conducted in four southern California locations. This review of the actual
IkIhJLluvII
.•••> 5f.••l,„ statistics and documentation behind these studies unequivocally illustrates that self-
,,,, service displays have no significant impact on illegal sales, in fact, more often than
not, the illegal sale rate is the same no matter which venue(self-service v. vendor
Lvry Arv,ii h
;,,,,1.„•.,•!,••n•f.,f....I......... assisted) is chosen to display the item. Furthermore, the Poway study showed no
”`""a`.;;"K:r`,,.,,,., change in shoplifting rates as well as a significant number of retailers reported
Di,k l,'nJ.,ii decreases in slotting fees which translate into a significant financial burden on
IS,f,•„1.•ra•tt retailers if they are required to remove these displays. In short, muandating
I'f.J 1{i I.dra t, removal of self-service displays will not solve the problem of illegal tobacco
,,,,,.h, r ,.,,/r 1,.,.1,•,:.Irl,nI,/ r: sales, have little if any impact on shop!jting and will provide a financial
M„rrir fC.K ni a
1_K,I.n„•I N.,rG:I I.:r.I.1p for burden to retailer's in San Luis Obispo.
Jtv Pa•1 r,Inc
IfnhLOL,h'hl,.?1.11(,1
We respectfully request that the city of San Luis Obispo develop a positive public
Al Pla„unn
r,.,'n•'•'r'••,',•Iraill fill policy which does not penalize good responsible retailers by developing an
r,In lIn'.[.,n inclusive process which allow retailers, the community and city government to
.u:irino.N,••Ih••l',T.•.La.1q�,r•/ri
.,,,,,.,,,r,,,,.,,,•,,,,, work together, not against each other. We have already begun this process by co-
....fill sponsoring a free We Card-Responsible Tobacco Retailing seminar in San Luis
_J It:a,'
- „ Obispo last month (another is scheduled for Santa Maria on June 25th and SLO
M ikr)trad
Al1Nnr.,.,y,Lu:,R--IA'.It
nnlv'-witc.nr
Fnr11drr1,•,"+'w.u'Y.q.,N.ul•yh.
Mirharl WIN,
.Nr 11.:1 F1.+L�4h.11•.ut:ro
loan'A iF,•n
s
retailers have been invited) and stand ready to continue with these types of
programs.
As our experience in San Diego illustrates, where the illegal tobacco sales rate
has plummeted to an astounding 8% without removal of self-service displays,
together we can and will have a significant impact on the problem of illegal
tobacco sales,
As always, if you have further questions or concerns, please don't hesitate to call
me at 5621432-8610.
Sincerely,
CALIFORNIA GROCERS ASSOCIATION
BETH BEEMAN
Vice President
Local Government
Enclosures
® lit�COUNCIL :FINDIR
IR MEETING 9�►GENDA
® ELE� o DATE ��' ITEM #
CAOIHIEFXCTTORNEY�f CLERKIORIG ICHFO Jul TEAM IRJune 16, 1997 SIR IR
The Honorable Allen K. Settle via f=80S/781-7109
Mayor, City of San Luis Obsipo
City Hall
990 Palm Street
San Luis Obispo, CA 93401
Dear Mayor and Council Members,
I have just been informed that you will be discussing the issue of self-service display racks for
tobacco products, at tonight's city council meeting for the possibility of complete removal by a
local ordinance.
As you know, we have three stores operating in your city in which this type of an ordinance will
certainly effect. The income from these placement racks amounts to a significant amount of
money over a period of a year. The stores depend on this income to pay for a part-time clerk, etc.
This will impact the bottomline -- our store employees can see and supervise these counter racks
at all times. We do not have any tobacco products on our sales floor. Single pack cigarettes are
all placed in the overhead storage rack— accessible only to the clerks. Our stores try not have a
shoplifting problem as to these products being taken by minors.
We also have mandatory training of all our 7-Eleven store employees called "Come of Age" for
retailing of any age restrictive product. We are available to give this training to any of your other
retailers in the city that does not already have a training program in place. This is a two hour
training seminar pertaining to the proper procedures for the sale of tobacco, alcohol, rolling
papers, matches, lighters, spray paint, etc. We have done this training for many cities in the past
at no charge._ You just have to provide a room and mail out meeting notices. We will teach the
class, give out all materials, and a certificate of attendance, at no cost to the city.
Please call me to arrange the dates and times you want to set up these classes. We are a very
concerned.corporation. When it comes to illegal sales to minors, education is the answer to both
retailers and the minors.
We ask for your consideration in these most important matters of prevention by not passing an
ordinance of this type to hurt your retailers. Instead we ask that you work with the retailers in a
more positive fashion. Passing another law is not the answer.
7-Eleven Stores/Southwest Division
120 S.State College Blvd./Suite 200/P.O.Box 2245/Brea, CA 92622-2245/Phone (714)529-7711
(al DIVISION oe
THE SOUTHLAND
4.03 CORPORATION
Tra•_J caTJTQJCMQT nI TrT7 'Amnn RNHIHInnq qwi wnmA t�I7'-7T J9AT—aT-unr
Ifyou have-any questions, please don't hesitate to tail. Due_to;the short notice of this meeting we
will not be able to be in attendance. Thank you in adriance:for your consideration.
Si
Joan ikon. lel.
Government Affairs Specialist
f•
;In -4 r-MTI.TQJCM.QT m i�-«- HNn-) fTMHnHmns qHi. WnNa -Nnr