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HomeMy WebLinkAbout06/01/1992, 3 - CIGARETTE VENDING MACHINE ORDINANCE �IIIII`I ,ty f MEETING GATE: u c� o san . .is o8�spo � j - amid COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Ken Hampian, Assistant City Administrative Officer ' Prepared By: Deb Hossli, Administrative Analyst,- ..;. SUBJECT: Cigarette Vending Machine Ordinance CAO RECOMMENDATION: Introduce an Ordinance to print amending Title 8 of the City's Municipal Code to include a new chapter (8 . 17) prohibiting cigarette vending machines in the City. DISCUSSION: Background Earlier this year, Council directed staff to prepare an Ordinance prohibiting vending machines that sell tobacco . products or accessories for their consideration. The purpose behind adopting an ordinance of this nature is to reduce the availability of cigarettes to children, which, in turn, will work toward reducing the number of children that go on to smoke cigarettes as adults. It's estimated that 3 , 000, 000 children smoke daily in the United States. Of those 3 , 000, 000 children, studies have shown that 75% are able to purchase their own cigarettes. Because cigarette vending machines are largely unsupervised, children have ready access to cigarettes and other tobacco products. Scientific studies confirm that vending machine sales represent 16% of the illegal cigarette sales to minors and minors are successful 80% of the time in purchasing cigarettes from vending machines. A report prepared for the County's Tobacco Control Program provides additional background on this topic (see Attachment 1) . Ordinance Overview Staff has prepared the requested Ordinance. As proposed, the Ordinance prohibits cigarette vending machines that sell tobacco products or tobacco accessories (e.g. , papers, pipes, rolling machines; etc. ) within the City limits. Owners or operators of cigarette vending machines would have 120 days from adoption of the Ordinance to remove the machine or convert it to a permissible use. Any person violating the Ordinance would be subject to an infraction. The Ordinance is patterned after the County of San Luis Obispo's. Enforcement As proposed, enforcement of the Ordinance would rely on the combined efforts of the Administrative Office and the Police Department. The Administrative Office would be responsible for identifying the cigarette vending machines in the City (using the Tobacco Control Program report as a base) and sending an initial letter advising the vending machine owners of the new Ordinance. i�6►d�I►lfil��' IIIIiiI city of San 1- 's OBIspo COUNCIL AGENDA REPORT Page 2 i The Administrative Office and Police Department would then share responsibility for insuring that the cigarette vending machines had been removed or converted to a permissible use within the 120 day timeframe set out in the Ordinance (this is expected to only j involve a minimal time commitment as their are only 15 known cigarette vending machines in the City - 7 restaurants, 3 bars, 4 hotel/motels, and 1 gas station that) . � Community Input Copies of the proposed Ordinance have been distributed to the Business Improvement Association, the Central Coast Restaurant Association, all vending machine operators that serve the City and all known businesses with cigarette vending machines (as identified in the Tobacco Control .Program report) . Staff also presented copies of the ordinance at a meeting of the Chamber of Commerce Legislative Affairs Subcommittee. No formal responses were received prior to finalization of this report. FISCAL IMPACT: Ordinance implementation costs will be minimal and limited to staff time spent on enforcement. ATTACHMENTS: ordinance Tobacco Control Program Report \dh\cig-ord i I i I ORDINANCE NO. (1992 SERIES) ORDINANCE AMENDING TITLE 8 OF THE CITY OF SAN LUIS OBISPO MUNICIPAL CODE BY ADDITION OF A NEW CHAPTER 8.17 PROHIBITING CIGARETTE VENDING MACHINES SECTION I: Legislative Findings. Adoption of this ordinance is necessary to the promotion of the public health, safety and welfare. Each of the reasons set forth below provides a separate and independent basis for the adoption of this ordinance: A. Overwhelming scientific evidence supports the conclusion that there is a causal relationship between using tobacco products and deadly diseases such as lung cancer, heart disease, emphysema and other types of cancer. The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country. B. An estimated annual 31,000 deaths in the State of California and 434,175 deaths nationwide are caused by cigarette smoking. The estimated annual economic burden to the State of California resulting from smoke-related health care costs and lost productivity is over $7.1 billion. C. Nicotine, found in all tobacco products, is strongly addictive, much more so than alcohol. The United States Surgeon General has concluded that nicotine is as addictive as heroin and cocaine. D. Ninety percent of adults who now smoke started smoking between the ages of nine and eighteen years. E. Three million children smoke daily in the United States, and over 75 percent buy their own cigarettes. Children currently have ready access to cigarettes and other tobacco products as a result of the availability of cigarette vending machines. Scientific studies have shown that minors are successful in Ordinance No. (1992 Series) Page 2 buying tobacco products from cigarette vending machines 80% of the time. Such studies have also shown that cigarette vending machines in areas such as bars or cocktail lounges, where minors are not legally permitted to be present, are also readily utilized by minors to obtain tobacco products. F. The current United States Surgeon General Novello and her two immediate predecessors as United States Surgeon General, have consistently favored the elimination of cigarette vending machines for public health reasons. G. The American Cancer Society, American Lung Association, American Heart Association, American Medical Association, and California Medical Association, representing the overwhelming view of recognized professional medical associations, support the elimination of cigarette vending machines for public health reasons. H. No other dangerous product or drug, cancer-causing product or drug, or addictive product or drug is sold through vending machines. No other product or drug which minors are prohibited from purchasing is sold through vending machines. I. The compelling purpose and intent of this chapter includes: 1. To prevent minors from using and becoming addicted to nicotine in tobacco products and preventing minors from being harmed thereby; 2. To significantly reduce the ability of minors to illegally obtain tobacco products by banning cigarette vending machines; and Ordinance No. (1992 Series) Page 3 3. To generally promote the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products. SECTION II: Be it ordained by the Council of the City of San Luis Obispo as follows: Chapter 8.17 is hereby added to the Municipal Code: Chapter 8.17 CIGARETTE VENDING MACHINES Section 8.17.010 Definitions. For the purposes of this chapter, the following terms shall be defined as set forth below: A. "CIGARETTE VENDING MACHINE" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or releases a TOBACCO PRODUCT and/or TOBACCO ACCESSORIES. B. "PERSON" shall mean an individual, firm, partnership, joint venture, unincorporated association, corporation, estate, trust, trustee, or any other group of combination of the above acting as a unit, excepting however, the United States of America, the State of California, and any political subdivision or unit thereof. C. 'TOBACCO ACCESSORIES" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed primarily for the smoking or ingestion of TOBACCO PRODUCTS. D. 'TOBACCO PRODUCT' means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, smoking tobacco, and smokeless tobacco. �'S Ordinance No. (1992 Series) Page 4 Section 8.17.020 Sale of Cigarettes and Other Tobacco Products from Vending Machines Prohibited. The following provisions shall apply within the City limits of the City of San Luis Obispo: A. No PERSON shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises of any CIGARETTE VENDING MACHINE used or intended to be used for the purpose of selling any TOBACCO PRODUCTS or TOBACCO ACCESSORIES therefrom. B. Any CIGARETTE VENDING MACHINE in use on the effective date of this chapter shall be removed within one hundred twenty (120) days after the effective date of this chapter. Section 8.17.030 Violations and Penalties. Any PERSON violating this chapter shall be deemed guilty of an infraction. Section 8.17.040 Violative Cigarette Vending Machines. Any CIGARETTE VENDING MACHINE not removed from the premises or converted to a permissible use within the time limit set forth by Section 8.17.020 B shall be deemed to be a public nuisance, and may be abated by the City as specified in the Municipal Code, or in a civil action or other appropriate legal proceedings. SECTION III: This ordinance, together with the names of councilmembers voting for and against, shall be published once in full, at least (3) 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 1992, on 34 Ordinance No. (1992 Series) Page 5 motion of , seconded by __ _. _-, and on'the following roll call vote. AYES: NOES: ABSENT: Mayor Ron Dunin ATTEST:. City Clerk - - APPROVED: City'Ad -inistrative-Officer om y \dh\ord COUN Y OF SAN LUIS OBISxO RECEIVED APR I ,J? OFFICE MEMORANDUM To: City Council 1•Sembers Mic: April 07, 19Q2 From: &,3rbara J. Wells, i'obejcco Control Program Subject: Proposed Cigarette Vending I-Lachine. Ordinance Recently this senior project, by a Cal Poly: student, was completed for our office. Your immediate consideration of this inforamtion and prompt action by the council to remedy the sales to minors situation would be appreciated. Tnclosures cc: Tobacco Control Coalition mLt1nlxrs John Dunn, City Administrator Why Cigarette Vending Machines Should Be Banned in San Luis Obispo - - - -- -:. _,, ._ : ._.• _ . -, _.. ,. Prepared, for " _ • = -. Barbara J. Wells Director Health Promotion San Luis Obispo County Health Agency San Luis Obispo, CA 93401 Prepared ,by Corbett D. Whitton March 31, 1992 :. '�� .r. .����'.J.2' i• - ....:t_ Vii.i._ .��'.•..In��.1�ek e'.i..-�' "'1 ��: - . Y z^fir"s� • -J !,t _ `•l•. _; ...fir^i+ 16J�w1�� �'.. '•'i a'� ''� - -- '' � 'v. �' _ .�1 ..fir.L: �7 1. 7w, _ } •• � _ F...fi .r„ ..z-•�ri.•n :j..<�}: :mow _Y.1:1•=Y l�'1^1:o-�_.•'_•..r�. %'rai'C�?r,7I��+►-k'�i: JF'S}X41 .�.._... ...Y. .�> :�.'' � ....f.'_ +'..1 �.T',�;��:.;. March 31, 1992 Barbara J. Wells, Director Health Promotion San Luis Obispo County Health Agency 285 South Street, Suite J San Luis Obispo, CA 93401 Dear Barbara: As you requested, I have prepared a recommendation report concerning banning cigarette vending machines (hereafter referred to as CVMs) from public establishments located within the city limits of San Luis Obispo. CVMs should be banned from public establishments within the City of San Luis Obispo because many are too accessible to minors. In addition, there are so few CVMs within the city limits that banning them will have little effect on the overall sales of vending machine distributors...._ . _ :.. ...... _:,. . No further research should be necessary for the City of San Luis Obispo to make a decision concerning outlawing CVMs.- However, it would be interesting to conduct some undei-age/clandestine cigarette buying operations from CVMs to determine which businesses monitor underage purchases from their machines. If the City of San Luis Obispo decides not to ban CVMs in. the San Luis Obispo city limits than I recommend you regulate Cal Coast Vendors, Inc. and the businesses it serves more closely. Cal Coast has a number of CVMs that are unmonitored and/or lack a sticker informing minors that it is illegal-for them to purchase cigarettes. Thank you for providing me with a topic to fulfil my Corporate Communication Analytical Report requirement. Sir��ely Corbett D. Whitton i ME Jia E_. - _ ... ._ .. .. y. C'.eR 'J.... _ _. `.. •�_... _ .. Table of Contents Pie Graphs Introduction 1 Purpose 1 Methods 1 Telephone Survey 1 Field Survey 2 Scope 2 Limitations 3 Background 3 Local 3 National 4 Assumptions 4 Definitions 5 Businesses Found to Have CVMs in San Luis Obispo 6 Pie Graph I: Percentage of Restaurants with CVMs 7 ws g Pie;Graph II.' Percentage of Bars with CVMs .._ :__:_=: 8:: Pie graph III: Percentage'of Hotels/Motels with CVMs 9 i Pie Graph 1V: Percentage of Gas Stations with CVMs 10 Pie Graph V: Percent of Monitored,.Partially Monitored, and Un-monitored CVMs . 11 Pie Graph VI: Percentage of CVMs with Minor Prohibition Stickers 12 Pie graph VII: Percentage of CVMs Containing Candy and Cigarettes 13 Interpretation of Pie Graphs 14 Conclusions and Recommendations 14 Appendix A 16 Pie . Graphs Pie Graph I: Percentage of Restaurants with CVMs 7 ' Pie Graph II: Percentage of Bars with CVMs 8 Pie Graph III: Percentage of Hotels/Motels with CVMs 9 Pie Graph IV: Percentage of Gas Stations with CVMs 10 Pie Graph V. Percent of Monitored, Partially Monitored, and Un-monitored CVMs 11 Pie Graph VI: Percnetage of CVMS with Minor Prohibition Stickers 12 Pie Graph VII:=Percentage of CVMs Containing = V - Candy and Cigarettes 13 HE,- .. ...:_LL.._.... - .:.. _ ....,.. _.._:. :..::...: v.._.._-� _.-e+:.,:.. ._,J.__s:enS�•E.�..i Pi1_`�L--._ .....-w___. .. ..:.o . . . . ...._....w. . .. ....___ :.i .J 1 Introduction Nationally, many minors who smoke obtain their cigarettes illegally from un-supervised CVMs. However, before deciding whether to outlaw CVMs in the City of San Luis Obispo, their ease of access to minors must be determined. Purpose The San Luis Obispo Tobacco Control Department, division of San Luis Obispo County Health Agency, wants to know how closely CVMs in the City of San Luis Obispo are monitored, to prohibit sales to minors. I was asked to determine this and make a recommendation concerning their Methods Telephone Survey I conducted a telephone survey to determine which restaurants, bars, -hotels/motels, and gas stations (in the San Luis Obispo city limits) had CVMs. I thought many might deny having a CVM over the telephone if I told them I was conducting a survey for the Tobacco Control Department. Therefore, I administered my survey in such a way that most - businesses thought I was. looking for a place to purchase cigarettes. Additionally, I observed.many businesses to verify . .. _ ..J�. �. R.. _.� r... ... ...._•.l_.. L' . . _. .. ..0�Gw'u�T. li.._sf.Rnl_ LSrif 1... .. .-- .F^..J.�..... .. .. >.. .�.//. Z negative responses I received over the telephone. Of these, I did not find any that lied tome about having a CVM. This greatly increased my confidence in the accuracy of the results I obtained. Field Survey Once I determined the location to CVMs in the San Luis Obispo city limits, I visited each to determine four things: - How well monitored were they (see 'Definitions', pg. 4)7 - Did they have a minor prohibition sticker affixed to them? Did they offer candy and cigarettes or cigarettes only? - Who was their distributor (if posted)? Scope In my report, I will present each of the relationships listed below. - Percentage and number of restaurants with CVMs in San Luis Obispo. - Percentage and number of bars with CVMs in San Luis Obispo. - Percentage and number of hotels/motels with CVMs in San Luis Obispo. Percentage and number of gas-itations with CVMs in San Luis Obispo. _ ,..-e::Y�.'Y-`.ai=G ..._ .._ .. .._-l..D.a•_._.. . ..,._.:a• ...�L]w iii' •�'.a.l.'a'.T.�.�Aa S.._w'c .- .. :): ._ _ ... a ,. ._ Z.aLi. ��' 3 - Percent and number of Monitored, partially monitored, and un-monitored CVMs in San Luis Obispo. - Percentage and number..of CVMs in San Luis Obispo with minor prohibition stickers. Percentage and number of CVMs in San Luis Obispo containing candy and cigarettes. Limitations My survey is limited to restaurants, bars, hotels/motels, and gas stations. It does not include businesses such as private firms, factories, industrial plants Background Local On August 1, 1990 San Luis Obispo became:the first city in the United States to adopt an ordinance banning smoking in all indoor public establishments; including bars. Recently, San Luis Obispo County has enacted an ordinance that outlaws all machines that sell tobacco. The City of San Luis Obispo is considering following suit by adopting a similar ordinance. :. .-_'.f.^•..=yra. �' ;:M•i.{ .• .: .........: '-.'=: �:�C`vi.t"a Y`•�.::ar;:M .. - / 1 _ _ _.lad•- ..T' '•ii''i' _ _ � 4 National The following facts were obtained from a March 5, 1991 letter to Mr. Charles Wright (Office of Assemblyman Ted Lempert), from Mr. Rick Krop (Executive Director, North Bay Health Resources). The letter (presented in full in Appendix A) summarizes many national surveys and statistics. - Most young children who begin smoking obtain their first cigarettes from CVMs. - 16% of all cigarettes purchased by minors are bought from CVMs. - Minors are stopped-only :11% of the time from purchasing cigarettes from CVMs. _ The tobacco industry reaps between $181.4 million and $302.4 million per year in illegal sales to minors. - Over 1,000,000 U.S. minors begin using tobacco each year. Assumptions I have based my recommendation on the assumption that many of the minors who smoke in San Luis Obispo obtain their cigarettes from CVMs. i•_t. 3\. .y w. ...—.Vii¢ _ -+.--. w�lai�a__ _o.^l.J _ ..Fu.'��:_� ..—. .-l�—..� _ - ' -. _ •Y 5 Definitions - CVM- (Cigarette vending,machine) Any machine that sells cigarettes; regardless of whether it sells candy or other snack food in addition to cigarettes. - Minor Prohibition Sticker- Sticker that summarizes California Penal Code Section 308. This code states it is illegal to sell cigarettes or chewing tobacco to anyone under the age of 18. - Monitored CVM.- Location of CVM is such that it is almost always visible to at least one employee. 1. - Partially Monitored CVM- Location of CVM is such that it ; visible only part of the time .to employees. - Un-montiored CVM- Location of CVM is such that it is almost never visible to any employees. Also, outdoor CVMs which are accessible 24 hours per day. 4 17 .. r _ a xxx x x . 0 0 0 z a o x x a 4 U c a E x c o O y Ali E Q Q C U m C X x LLE e O Q co x X x x Q x x x O CLN O X X X 3 X o c j � c9i U Za U yJ Q `o o o � � • U � o W x x x x x x z o E c 3 0 0 c� 0 o Ou a z z o o v Q c xx x 0 0 ` o m L c wp� o o c a m •Z m j 0 (� 0 0 o C o LL U O U v J � � Q m . !J E N LL'• . �' y U ¢O en 3 y ! D C8 wpi 6'`• LU 4i N m t. _ -7 Pie Graph I: Percentage of Restaurants with CVMs (CVM = Cigarette Vending Machine) Restaurants without CVMs: 106 Restaurants with CVMs: .. .... .. ... :.0 - s, - 8 Pie Graph II: Percentage of Bars with CVMs (CVM = Cigarette Vending Machine) Bars with CVMs: 3 43% Bars without CVMs: 4 4 9 Pie Graph III: Percentage of Hotels/Motels with CVMs (CVM = Cigarette Vending Machine) Hotels/Motels with CVMs: 4 11°� Hotels/Motels without CVMs: 33 40 h • ..is ..y, .. — , .. iV (0 Pie Graph IV: Percentage of Gas Stations Nvith CVMs (CVM = Cigarette Vending Machine) - - Gas Stations with CVM : WIN Gas Stations without CVMs: 24 sc N}Y . Pie Graph V: Percent of Monitored, Partially Monitored, and Un- monitored CVMs (C'vM = Cigarette Vending machine) Partially Monitored: 8 Monitored: 3 18% ..- -JJ.�.�.-r ..V ....-.....1 -.... Un-monitored: 6 •.fix?L• _�1;J. Jfj•:' _r<<;`j. _ •.::-.:r:' .:A�.�:_. _tA._. .r':r��- :f::•1 .,...�'. :.. .� Ali/41,•M1 ..:.� �'��1� .•1�..:.+:'tr14�(1.:�1(';�.w ��•t.. �1: - •\� -..`may l'/•!:•i.lJr.-•�. ' �I.� 'i 7•{•-.1p'�A .. :y7-Li ...J.:•'' �}'._ .�.{.n 1.J•- J� +tiY"f:�••� . ��:I:L•,.(.�.� fly' j���r•• !�I�•���A_-.Y���ti:f Via- _r.�.T'�._A.if i.:_e. �.f�.._ .... `•1�1.V.:-�':'n...._..... :'T:1�:•�..;..�.•.�+_ •..; �. � iz Pie Graph VI: 0 Percentage of CVMs with Minor Prohibition Stickers (CVM = Cigarette Vending Machine) CVMs with Minor Prohibition Sticker. 9 53% CVMs without Minor Prohibition Sticker. 3 AL Jl.' .1:. el"�:�,... 1Mv 'I'ii �T--..r:�_. .T h•: '_1'�JL.x�:�.f': _ .:r: _.�Y'.n'. _'s:=�:.:. ..._ .-ii• ..ter�........ _]....:.�.•;•. ..n� .-.. ... •r• Pie Graph VII: 6 Percentage of CVMs Containing Candy and Cigarettes (CVM = Cigarette Vending Machine) CVMs with Candy and Cigarettes: ? 24% CVMs with Cigarettes Only: 13 M r. .��,:,._:.•�_-:_:n:.L'.__.4.: Vii:'!` �� _ "�'• '.4':.r'Y'�L��=rbc. �:a.: .�e"�"` ='.; :u. � - �;r�ay...--. .a._:,;.''"v:.';c�': ���! 14 Interpretation of Pie Graphs All of the pie graphs, with the exception of Pie Graph V (Percent of Monitored, Partially Monitored, and Un-monitored CVMs), are self-explanatory. Pie Graph I (pg. 7) shows that nine out of 115 restaurants in San Luis Obispo have CVMs. Pie Graph II (pg. 8) shows that three out of seven bars in San Luis Obispo have CVMs. Pie Graph III (pg. 9) shows that four out of 37 hotels/motels in San Luis Obispo have CVMs. Pie Graph IV (pg. 10) shows that one out of 25 gas stations in San Luis Obispo has a CVM. Pie Graph VI (pg. 12) shows that nine out of 17 CVMs in San Luis Obispo have minor prohibition stickers. Pie Graph VII (pg. 13) shows that four out of 17. CVMs in San Luis.Obispo contain-card , and:cigarettes_ _. y =— _ As shown in Pie Graph V (pg. 11) three CVMs are classified as monitored, six as un-monitored, and eight as partially monitored. Since these classifications are subjective (see 'Definitions') great . effort has been exerted to classify each CVM un-biasly. In any event, minors are able to purchase cigarettes quite easily from the majority of the CVMs within San Luis Obispo. Conclusions and Recommendations CVMs are very accessible to minors in various public establishments, located throughout The City of San Luis Obispo. Of the 17 machines I found, only 18% we're monitored closely. Additionaliy, only 53% had minor prohibition stickers affixed to ._ them. - - •. .: .\_ \. 1, • :.III[• - - '{ '1' 4,-•.'.'. 1 1,i•:•: fI .-._a y4 ei ... .._✓••.: _.L".X..:tee _ _- �2�1�1Sm_•:i� r ,.._i.�_�: .. _ > _ ... _....-- .... :._� �U 15 Because of these facts, the City of San Luis Obispo should outlaw CVMs. By doing this the city will help the young people of the San Luis Obispo community, by making it more difficult for them to begin smoking and lead unhealthy lifestyles. d • A t Vf" •I I: ��v r s tX•_`.'( tf}i{;�:. N.w, �'•Q.�,-v, Ct r:.aiM1 Y� _� - r _ 7 t•r.»v•� r ti•�r" � ; •� �.�...�.r u-:r A.v.wd;•.�S'�'l+�L_.=:. 1r_.��'�.C•4.� .._.... . lii_�:2'r:.-.'S-_Zr- �� ..-. c�•IS E^��•+ - .a.:.J� Appendix A f �.:/.- :1' - � y:4r r 1.n�••4_. ..NCS..._.:t. .��.�. 1!-:•�� _ _ _ •cctia'•�:.'1!!...:.�a �., '•i'i -:LTi �'.i�. �.�"�_tiJ�-y�r ':'�:' '�>:.::''.. .f.. - !v/r� �-n+�Y�!TN�•[_'�. '�.wp.: -�_ LY�.'Y.•�» .:��.:v.R,-,.a.�. _ L�_.ti:4:''.:jfy,.:.: r .l. � �' f! .r._�.�,_. ..�.::a-•�.•. :F .., .� ._•-�•:�...� •• _')• _ rr •L.,r� _+•'y.1{-"y .. 'A:..0 ra ��,�: r�nir'' ..�.P .. r... I• .�..il.r^� lS���•w....�... ..�'i:rli�I•�\:.��.i'� 1i .�• .3�• )•TJ"i.r..�.- • ��....• AdEL Sealth Re North Bay H sources Center, A Non-pro it Community Agency March 5, 1991 Mr. Charles Wright an Ted Lempert office of rssemblym State Capital Room 2137 Sacramento, CA 95814 Dear Charles: - After- checking our files and computer database, and after verifying the statistics and sources of the statistics, we were able to come up with the numbers and information you requested in regards to Assemblyman I,empert s cigarette vending machine ban bill. We ' also came up with other numbers and information. y-ou may find. useful. ..... ::. , We also wanted to share with you some information' on minor access to cigarette vending machines in bars and. taverns. . . you may find it interesting. cigarette Vending Machine Sales to Minors A survey conducted by the National Automatic MercTadesing Association (NAMA) , the vending machine industry all illegal cigarette sales to group, found that 16% of minors were from vending machine sales. In addition, the NAMA survey found that only 11% of minors had been stopped from buying cigarettes from vending machines . The NAMA survey also - found that younger children (ages 9-13) most likely to purchase cigarettesfrom ending machines.e sales . NAMA also claims that only from vending machines. Although other studies have shown cigarette vending machine sales are closer to resultsabecaull serthey come ette sfrom minors, we use the NAMA survey cannot refute them. - industry itself and they Using the NAMA figure of 16%r 'Joseph DiFranza, M.D. of the University-.of Massachusetts School of Medicine wrote in, a Maria Dr_Suite 837 t.l� .Petaluma CJS 94954 - [707) 762-4591 - FAX p07j 762 5814 _ 557-0 55 " ,CA 94590: [707) 557-0998- FAX �. rgio St_ ...... Vallejo _ . . :. - - :._ g .suite -5� .�-egi-: - �' ��: _ ' �.�: nU. United Way for North Boy.=; �i..w✓'.�T. lyl.. �� y,.YN w4C�_ _ '.}�IJ.IC�I..' 1!. .. .-`\.A lCllillf]Ow.l:�•. .. �• .. r . -YZ1-YI•Y.�._ ._ Y.-. ._i •^.. 1990 article in the Journal of the American Medical IAssociation that sales of cigarettes from vending machines to- minors produced from $181.4 million to $302 . 4 million in illegal sales for the tobacco industry. The US Office on Smoking and Health and US Surgeon General t have found that vending machines are the source of cigarettes in almost all cases for children purchasing and using tobacco for the first time. They concluded that the youngest of children get initiated to tobacco and get addicted to nicotine through cigarettes purchased• from vending machines. As these children get older, they get bolder and begin to purchase their cigarettes from over the counter. A University of Minnesota survey found that children and teens were successful in purchasing cigarettes from vending machines in seven Minnesota cities 80%-100% of the time through a series of underage/clandestine tobacco buying operations approved by law enforcement. An Oregon Health Sciences University survey found that 13-15 year olds were able to buy cigarettes from vending machines in Portland 100% of the time through an underage/clandestine tobacco buying operation approved by- police. Here: in. California, a Stanford. Univ_ersity__underage/ clandestine tobacco Iuying`operation- approved by police in . Santa .Clara County in 1988' found that teens were able to purchase cigarettes from vending machines 100% of the time. Our organization's Solano County Cancer Prevention Program series of police-approved underage/clandestine tobacco buying operations from 1988-1990 in four cities in Solano County found that minors 13-16 years old were able to purchase cigarettes from vending machines 81% to 93% of the time. More recently, our Stop Tobacco Access for Minors Project- STAMP-conducted a series of District Attorney and police- approved underage/clandestine tobacco buying operations in four cities in Sonoma County, and in the city of Napa in Napa County. In Sonoma County, teens were successful in purchasing cigarettes from vending machines in 29 out of 30 attempts and in Napa 9 out of 9 attempts. Children and Teen Tobacco Use A 1989 report by the US Surgeon General stated that 31000 children and teens start using tobacco each day, over one million per year. The report states that over 3 , 000, 000 minors currently use tobacco on a daily basis and that 18 .7% of. high school seniors use ,tobacco each. day (16.4% of males, 20. 6% of, females) : ti4r_-'-r_;.:. .:.: :'..'.{i:•/W'�d..„r.. ... ••..'A•_..1�2:.iv.: .. ..l'.... 'i.:en jl.i.,C i� A 1989 survey by the National Institute on Drug Abuse found that 19% of high school seniors use tobacco daily, 21% of females and 18% of Wales. The survey also found that 15% of 12-15 year olds use tobacco on a daily basis. A 1989 PRIDE survey (National Parent's Resource -Institute . for Drug Education-the largest national school-based drug abuse organization) found that 28% of junior high school students use tobacco daily and 39% of senior high school students. The National Centers for Disease Control says that overall tobacco use rates among teenagers have remained constant over the last several years, but that female rates have increased. A study by. Joseph DiFranza, M. D. of the University of Massachusetts School of Medicine summarized in an 1990 article in the Journal of the American Medical Association stated that the 3 million children under 18 years old in the US currently using tobacco consume more than 947 million packs of cigarettes and 26 million containers of smokeless tobacco yearly. Dr. DiFranza states that this results in annual sales of. $1. 26 billion for the tobacco industry. The study also estimates that state and federal governments earn _. _$325 million in tax, revenues. from. tobacco sales to minors. Minors Access to Cigarette Vending Machines in Bars ; Neither Stanford University nor my organization have conducted underage/clandestine tobacco buying operations of cigarette vending machines in bars because of liability, youth safety and other factors. However in December of. last year, the Vallejo Police Department conducted an underage/ clandestine tobacco buying operation of cigarette vending machines in local bars. A 16 year old police cadet and police officer went into ten bars. The officer, in plain clothes, went into the bar first and the cadet- followed a few minutes later. The cadet went straight to the cigarette machine and attempted to purchase one pack of cigarettes. In nine out of ten attempts, the cadet was able to purchase cigarettes from the vending machines. Only in one bar 'did the bartender stop the cadet when he entered the bar and ask him 'to leave. The majority of the bars were not crowded, although all the bars had at leastsix customers. The results of this bar survey were given to the Vallejo Police Chief. Research done by Dr. Jean Forster of the University of Minnesota in several Minnesota' communities found that minors 12-15 years old: had .little. trouble entering bars and taverns and making cigarette purchases from vending machines. Dr.' Forster research: found these;minors. were successful 77-V of the time. often. bartenders`were. helpful, giving directions � _.' : :..• ... :.- -. .` - - rte •�4� ct1 -S''�•• r ti I 'l.f '. r �� . v ter.: • .:• _,.:Tr t ..-.. __..'.....,t__ , ^v�f]-'�nfw.l.- L L to the Wachines, assisting with balky r,achines, and even providing correct change. Last year in New York City, the Coalition for a Smoke-Free City found that minors were able to purchase cigarettes from 35 of 35 different vending machines, 25% of which were in bars. In addition to the survey research showing easy access to cigarette vending machines in bars by minors, we have found that there are potential legal problems in exempting bars from a vending ,machine ban law. We also have found that there are potential enforcement preblens in requiring the smecific placement and adult supervision of the vending Lachine in the bar (like the NYC ordinance does) . ExeLpting bars may create legal problems in that the law would create an artificial class of merchants. Xerch ants, other than bars, with vending machines, especially other liquor license holders like some restaurants, hotels and motels with cocktail lounges., would be treated differently (and they may feel Lore harshly) under the law. Based on this treatment,' they could have a basis for a lawsuit because of the "discriminatory," exemption provisions of the law and/or unfair restraint of trade. Enforcement-problems=may` be's=eated`wit the' iaachinej- placement and supervision requirements of the law. The placement of the machine in a bar, may be difficult to enforce because, it may produce a subjective disagreement on the "correct" placement of the machine in the bar among law enforcement and the bar owner. Also, it may be difficult fcr law enforcement to insure constant supervision of the machine in the bar at all times, as required by the law. ' These placement and supervision issues may require judgement calls by law enforcement which may be contrary to what the bar owner believes are consistent with the requirements of the law. As you can imagine, these judgement calls may complicate the legal consequences of any prosecution of bar owners who fail to comply with the law in the judgement of law enforcement. Finally, although in California it is illegal for a minor under 21 to enter a bar, it is not illegal for a minor to be in an establishment which has a liquor license but which also primarily. serves food or provides lodging. we assume that Assemblyman Lempert's bill only exempts bars 'serving food where the service- of food is incidental to the bar's sale of. alcoholic beverages (ie. the bar's food service, produces: less: than; 40k.- of;.the bar!s . total. annual gross_.... revenue)".% It:' is` important­to'remember tliat many cigarette vending. machines are located= iriirestaurants; hotels a.nd- " . - motels wiiIi-77cocktail: lounges; which have.-an alcohol. license. . - '.t. . w.i � _4;... _.�+•:^ --�.��mow!_iS_:.�:.-y}r�c "_ -`<_ -..�::- _� _ ".'•i.': - •:ti ���- - ., — +�G-:�.. .:•f ,`�i:'-':'.`vCr��'r'i'' .►�s%�czi mi.'s`., ,,y..�.��=J1:.' :'•l".' • 'f'�•�.'.': - �G�..•: rx ?ryii.f" -Jif\\=.sy +G��.•- - _ - _ - - - . .- t-._.r _-.� ._.� _YY� .r. . �N�.7' ����-(9�yL'i�i. •' i�•T:'-rte •. _ `i�:..•.. r _ - - _•ei:�i':F�:.:y=t'�'�•�'t:.:�ti�v`s4w�.�tiai� -•oeT �.,a;(.�.7i.wY�' ':'f��....:s }-_' .-.-..::,�vF-�.ice;_ - r.._'Y-_ We assume that Assemblyman Lampert's bill (like the New York city ordinance) does not exempt these establishments because their vending machines are easy targets for minors to purchase cigarettes. Please contact me if you need any other information. Good .luck with your press conference next Thursday. sincerely, Rick Kropp Executive Director do ... . . .. .• .t l.7•.. . r'i:'fit .-.. .. G.. _ .. - .. .... ... �I�V