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
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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
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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 :.
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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
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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
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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
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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
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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.
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- 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.
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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.
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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.
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Pie Graph I:
Percentage of Restaurants with CVMs
(CVM = Cigarette Vending Machine)
Restaurants without CVMs: 106
Restaurants with CVMs:
.. .... .. ...
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-
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
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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%
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Un-monitored: 6
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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
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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
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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.
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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.
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Appendix A
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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
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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) :
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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
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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. .
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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
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