Randy Kline, Staff AttorneyTALC (Technical Assistance Legal Center)

http://talc.phi.org 510.444.8252 x303

rkline@phi.org

Tobacco Retailer Licensing (TRL):

Bells & Whistles

Core TRL Components

• All tobacco retailers must get a license and renew it annually

• The fee should fund administration and effective enforcement

• A violation of any existing local, state or federal tobacco law is a license violation

• Violation results in suspension or revocation plus traditional penalties

Add-On Components

• The following components, the “bells and whistles” of licensing, are not essential

• However, these extra components are not trivial or unimportant In some communities, they will make a good

licensing ordinance much better In other communities, they could be critical to

getting around a roadblock in a campaign or during implementation

Who Can Get a License

• No licenses for “Significant Tobacco Retailers” (e.g., tobacco shops)

• No licenses for restaurants and bars

• No licenses for residentially zoned locations

• No licenses for business that provide indoor or outdoor smoking areas Bans “hookah bars”

Regulations & Prohibitions 1

• Clerk must be 18 to sell tobacco

• Must check the ID of anyone under 27 Can use adults (18) to test compliance

• Smoking prohibited outside a retailer E.g., 20 feet from entrances

• Revoke license for illegal alcohol sales Broaden coalition to include alcohol control

Regulations & Prohibitions 2

• Prohibit tobacco look-a-like products Bans candy cigarettes and cigars

• Limit tobacco sampling and giveaways No tobacco products at “bar nights”

• License violation to violate sign laws “Lee law:” no more than 1/3 of windows of

alcohol retailer can be covered by signs

Gathering Evidence

• Partial immunity for youth decoys

• Youth decoys don’t have to testify

Penalties

• Retailers without a license cannot display or advertise tobacco products or paraphernalia

• Tobacco and paraphernalia can be seized and destroyed if offered for sale without a license

• Require “dunce” signs for violators

Prosecution

• City attorneys and county counsel have express authority to settle cases minimum standards for settlements

• “No contest” plea in a parallel prosecution (e.g., PC 308) results in license revocation

Universal Enforcement

• In addition to traditional enforcement:Anyone can enforce the law in small claims court Private citizens can enforce the law Non-profits can enforce the law (e.g., ALA) Cities and counties too!

No attorneys needed, staff can prosecute Health department can enforce the law within a city

Conclusion

• TALC’s revised model licensing ordinance contains many of these “bells and whistles” (some addressing important implementation issues)

• TALC keeps track of new ideas, so contact us for the very latest thinking

Randy Kline, Staff AttorneyTALC (Technical Assistance Legal Center)

http://talc.phi.org 510.444.8252 x303rkline@phi.org