RulesCommunications Highlights 2009 0205

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State Caw -California has several statewide laws related to access to and sales of tobacco products that are described in the policy areas below. The state allows local jurisdictions to go beyond state law in enacting restrictions in these policy areas. Grade Criteria-The Reducing Sales of Tobacco Products grade is determined by the ordinances adopted by cities/counties in one area, Local Tobacco Retailer Licensing Ordinance. Far this policy area, the city or county is given a grade and a point value as follows - A=4; 6=3; C=2; D=1; and F=O. Bonus points are available in three categories: (1) Conditional Use Permits; {2) Sales of Tobacco Products in Pharmacies; and (3) Sampling of Tobacco Products. These grades/pointvalues are then added togetherfor a total point value for the overall Reducing Sales of Tobacco Products grade with a scale of: A (4+); B (3); C (2); D (1); and F (0). Local Tobacco Retailer Licensing Ordinance Descriptian -Youth under the age of 18 are often able to purchase tobacco products at all types of retailers, ranging from convenience stares and gas stations to large chain grocery stores and pharmacies, even though it is illegal to sell these products to minors. To combat this problem many cities and counties in California are passing ordinances that require tobacco retailers to obtain a license to sell tobacco products, which allows the local jurisdictions to keep track of tobacco retailers, conduct enforcement activities to ensure compliance with state and local laws and penalize retailers who sell to minors. State Law- It is illegal in the state to sell or give tobacco products to anyone under the age of 18. There are laws in California that can either punish the business owner or the clerk when an illegal sale is made, Tobacco retailers are also required to obtain a state tobacco retailer license and this law has generally been used to combat black market sales and tax evasion. Grade Criteria- In order for a local licensing ordinance to effectively reduce illegal sales to minors, it must contain four provisions: (1) requiring tobacco retailers to pay an annual fee that sufficiently covers administration and enforcement efforts, including compliance checks; (2) requirement that all retailers obtain license to sell tobacco and renew it annually; (3) provision that any violation of a local, state or federal tobacco law is considered a violation of the license; and (4) financial deterrent through fines and penalties for violations that includes suspension and revocation of the license. Of these four provisions, it is essential that the licensing ordinance requires a sufficient fee so that the administration and enforcement of the license can actually occur. The grade for Local Tobacco Retailer Licensing Ordinance is based on the provisions of the ordinance that a city or county has adopted with the following scale: A -Licensing ordinance with sufficient annual fee and the other 3 provisions outlined above B -Licensing ordinance with sufficient annual fee and 2 of the other 3 provisions outlined above C-Licensing ordinance with sufficient annual fee and 1 of the other 3 provisions outlined above D -Licensing ordinance with sufficient annual fee and 0 of the other 3 provisions outlined above F- No licensing ordinance or a licensing ordinance with no annual fee and none of the other provisions outlined above Conditional Use Permits Description -Cities and counties can restrict where certain types of business can be located by requiring these businesses to get a conditional use permit to be able to establish that type of business within a certain location. This type of policy can restrict a tobacco retailer from establishing a new business in a certain area or within a certain distance of schools and parks unless they obtain a conditional use permit. ft=t~en~~~:,~ Li i~ :,~~Cl'atiOtt oiC i~ ~rr;a ~ <'~, ~ ~ ~..r,rc,'" ~..~1~7 Hi IC-E` (Silo? S':4 ,~ . '. ~ r,,,, , _ 1~ "sSisS Page 5 of 6