tobacco retailer’s licensing some lessons from contra costa county

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Tobacco Retailer’s Licensing

Some lessons from

Contra Costa County

Context for the Tobacco Retailer’s License Ordinance

• 1997 – 1998, the Tobacco Industry and CGA both attended Board of Supervisors meetings re: Tobacco-Free Youth Ordinance

• End of 1998, Board adopted a “penalty” licensing ordinance.

Contra Costa Context Cont

• By 2002, BOS wanted to “upgrade” TRL ordinance to license all retailers.

• WHY?• TPC had kept the issue of youth and

tobacco before the BOS during advocacy for MSA funds – a two year period.

• Champion of licensing was running for Assembly and wanted to add to her legacy.

Contra Costa Context Cont

• Composition of the Board changed – 2 who voted for “penalty” licensing replaced by 2 strong tobacco prevention advocates.

• TI and CGA did not attend meetings where new TRL discussed.

• TPP kept the discussions under the radar screen.• Revised ordinance adopted in January 2003 and

implemented in July in concert with Tax Collector.

Licensing and Compliance

• Before licensing, sales rate 37% in unincorporated area.

• TCS Enforcement Grant supported stings.

• With licensing and active enforcement of PC308(a), sales rate fell to 2%, then climbed to 7% at end of FY 2003 – 2004.

Licensing and Compliance

• Between October 2003 and 2004, 10 license suspension hearings & 8 suspensions.

• 7 suspensions for illegal sales, 1 for ssd

License Fees - Now

• There are about 110 tobacco retailers.

• $160 annual licensing fee.

• 175 site inspections for ssd ban, TRL.

• 100 stings for PC308(a) – contract with Sheriff.

Enforcement and Prosecution

• In CCC, moved prosecution of 308(a) citations from DA to traffic court.

• Lots of people power involved to enforce, prosecute and maintain paperwork (reports, database, correspondence, files).

Hearing Process

• Close relationship with County Counsel for protocol, forms, the odd situation.

• One hearing officer who has set a standard of one week for PC308(a) violations, second chance for TFYO violations.

• Costs of hearing ($348)and re-inspection ($110) charged to the retailer.

What’s Next?

• How many suspensions will it take for retailers to stop selling tobacco to minors?

• Adding signage provision to the model licensing ordinance that we are promoting in two cities in our county. Complying with local signage ordinances will be a conditions of maintaining a TRL.

Questions?

Call Charlotte Dickson at

925-313-6216

Or email at cdickson@hsd.co.contra-costa.ca.us

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