RulesCommunications Highlights 2009 0205

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Licensing Ordinance Checklist Your community has a range of policy choices to consider when designing a local tobacco retailer licensing ordinance. The options below are included in TALC's Model California Ordinance Reguiring a Tobacco RetailerLlcense and its accompanying "plug-ins," all of which are available at www.talc.phi.org. Policy provisions that TALC and The Center consider essential already include a check mark. Contact TALC for help drafting an ordinance based on your community's choices. MODEL ORDINANCE POLICY OPTIONS WHO MUST OBTAIN A LICENSE REQUIREMENTS AND PROHIBITIONS FOR LICENSEES [~ All tobacco product retailers must obtain a nontransferable license ^ Define "tobacco product" to include all nicotine and nontraditional tobacco products (e.g., nicotine gel, snus) ^ Retailers of "tobacco paraphernalia" (e.g., rolling papers, pipes) must also obtain license ^ No license may be issued to mobile vendors ENFORCEMENT OF LICENSE REQUIREMENTS Pay an anmrallicensing fee thatfitlly covers allprogram costs, including administration and enforcement [,7~ Violating any tobacco law is also a violation of the license ^ Require license be displayed in a prominent location ^ Require clerks to check ID if purchaser appears under age 27 ^ Prohibit all self-service displays (e.g., bar vending machines) ^ Clerks selling tobacco must be old enough to purchase tobacco under state law (e.g., 18 years old) 0 Licensing program will be administered by (e.g., who issues the license?): Q Licensing program will be enforced by but is also enforceable by any agency ^ Youth decoy operations will be conducted by (if different from enforcement agenry): ^ Number of mandatory inspections (e.g., times each store is checked per year): ^ The hearing process will be an administrative process (attorneys and court system need not be involved) ^ Grant youth decoys partial immunity CONSEQUENCES OF LICENSE VIOLATION Each vio]ation results in temporary avocation (or suspension) of the privilege to sell tobacco products (and paraphernalia, if applicable) for days fora 1 st licensing violation; days for 2nd violation; days for 3rd violation; and days for 4th violation ^ Number of years past violations will be tracked (the "look-back period"): (minimum of 5 years) ^ Prohibit display of tobacco products during revocation (or suspension) period ^ Prohibit display of tobacco product advertising during revocation (or suspension) period ^ Increase revocation (or suspension) periods and penalties for retailers who sell tobacco without a license ^ Seize and destroy tobacco products offered for sale without a license "PLUG-IN" POLICY OPTIONS LIMITATIONS ON LICENSE ISSUANCE ^ No license for a new significant tobacco retailer (e.g., a "mostly tobacco" store) ^ No license for a restaurant or a bar ^ Only businesses that sell alcohol for off site consumption may obtain license ^ No license for a business that allows smoking anywhere on the premises (e.g., no hookah bars) ^ No license for addresses zoned residential ENFORCEMENT ADDITIONAL RETAILER REQUIREMENTS AND PROHIBITIONS ^ Violating storefront sign laws is a license violation ^ Violating nontobacco age-of-purchase laws is a license violation (e.g., selling alcohol to a minor) ^ Violating state laws prohibiting sales of drug paraphemalia is a license violation ^ Tobacco look-alike products may not be sold by any person ^ Retailers may not distribute free tobacco products ("sampling") ^ tlllow the retailer to pay a fine in lieu of license revocation ^ Allow private citizens to get an injunction in addition to enforcement by the city or county ^ Allow private citizens and local governments to sue a retailer in small claims court and win a modest fine (e.g., $500) June 2008