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Local Tobacco Retailer Licensing: Why It Is Beneficial and How to Make It Happen

Local Tobacco Retailer Licensing: Why It Is Beneficial and How to Make It Happen. June 8, 2009 National Synar Workshop Phoenix AZ. Mary Strode, M.S. Stop Tobacco Access to Kids Enforcement (STAKE) Act Coordinator California Tobacco Control Program California Department of Public Health.

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Local Tobacco Retailer Licensing: Why It Is Beneficial and How to Make It Happen

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  1. Local Tobacco Retailer Licensing: Why It Is Beneficial and How to Make It Happen June 8, 2009 National Synar Workshop Phoenix AZ Mary Strode, M.S. Stop Tobacco Access to Kids Enforcement (STAKE) Act Coordinator California Tobacco Control Program California Department of Public Health

  2. This presentation is dedicated to… Kooki 12/12/99-3/19/09

  3. Presentation Outline • Overview • Local Tobacco Retailer Licensing: California’s Story • Considerations for Other States • Resources & Contact Information • Questions & Discussion Videos!

  4. Overview • What is tobacco retailer licensing? • State law - local laws • Enforcement options

  5. Overview Tobacco Retailer Licensing Policies in Other States • All but 2 states have some type of tobacco licensure law (2005) • Most state licensure laws require retailers to obtain a license (fees vary) • A handful of states require wholesalers, distributors and manufacturers to obtain a license - not retailers

  6. Overview Strong licensing policies ideally… • Hold retailers accountable by assessing meaningful penalties for selling illegally to minors • Allow for suspension and revocation of the tobacco license • Contain provisions to support ongoing enforcement of the policy • Improve tracking and monitoring of retail outlets and retailer behavior • Require and enhance collaboration between agencies involved in the licensing program • Are adaptable to suit community needs

  7. Some Discussion Questions for Later • If your state licensing law is not facilitating compliance, is local retailer licensing a feasible strategy to pursue? Why or why not? • What kinds of barriers or issues come up when considering local retailer licensing in your state? Are you experiencing barriers or constraints now? • What information about local licensing would be helpful to you?

  8. Local Tobacco Retailer Licensing: California’s Story Mini-outline: • Why the focus on local policies? • Expansion of local licensing • Local licensing effectiveness • Videos to document rationale for local licensing efforts and youth involvement • Key successes and challenges

  9. Why the Focus on Local Policy Development? • State is a hostile environment for policy work • Legislation favored local efforts • Ability to create critical mass • Local policy work influences and shapes state policy • Local leaders become state leaders

  10. Policy Change is an Important Outcome • Creates demand for and reinforces change in individual and group behavior • Protects health or the environment • Sets expectations • Maximizes resources • Builds the capacity of local communities • Institutionalizes change

  11. Expansion of Local Licensing in California • Dramatic growth in number of communities with a strong retailer licensing policy from 2001 to 2009 • Over 100 total retailer licensing policies as of April 2009 Data Source: Center for Tobacco Policy and Organizing http://www.center4tobaccopolicy.org/_files/_files/Licensing%20Matrix%20April%202009.pdf

  12. Elements of a Strong Ordinance • Annual fee is high enough to fund strong enforcement programs • Includes financial deterrents for violators through fines and penalties that include the suspension and revocation of the license • Proper education and enforcement about the local ordinance and state youth access laws are always needed to educate merchants and deter them from illegally selling tobacco to minors • Sample ordinance: http://talc.phi.org

  13. GIS map of Local Licensing in California • Dark green areas depict jurisdictions covered by a strong retailer licensing policy as of April 2009 • 64 strong policies have been enacted as of April 2009 Data Source: Center for Tobacco Policy and Organizing http://www.center4tobaccopolicy.org/_files/_files/Licensing%20Matrix%20April%202009.pdf

  14. Local Licensing in Rural California • Strong retailer licensing policies on the rise in rural areas Data Source: Center for Tobacco Policy and Organizing http://www.center4tobaccopolicy.org/_files/_files/Licensing%20Matrix%20April%202009.pdf

  15. Effectiveness of Local Licensing in California • Annual scientific survey indicates strong local licensing policies reduce illegal sales rates Source: Youth Tobacco Purchase Survey, 2007. Prepared by: California Department of Public Health, Tobacco Control Program, July 2007.

  16. City/County Sales Rate Before Sales Rate After Coachella 69% 11% San Luis Obispo 17% 0% Berkeley 38% 4.2% Davis 30.5% 4/7%

  17. Videos Highlighting California’s Story & Youth Involvement in Local Retailer Licensing Policy Campaigns

  18. How Does CTCP Support Local Retailer Licensing Efforts? Locals conduct community needs assessments – required to look at youth access concerns and capabilities 3-year tobacco control Workplans need to include a youth access to tobacco objective Intensive training and TA on youth access issues, specifically local licensing policy adoption & implementation STORE Campaign Website Ongoing forums that allow local project staff to share their successes and challenges

  19. Key Successes • Dramatically reduced illegal sales rates in local communities • Over 100 local licensing policies on the books; 64 considered to be strong • Recent success of licensing policy adoption campaigns in rural areas • Evolution of model ordinance to reflect diverse community needs • Youth involvement • Excellent training and TA

  20. Youth advocates in action!

  21. Examples of coordinated youth advocacy efforts around licensing

  22. On the Campaign Trail!

  23. Some Key Challenges Adoption: • Conservative political climate • Business-friendly attitudes • Lack of resources/shrinking budgets • Competing priorities in communities • Difficulty maintaining active coalitions • Cumbersome political process • Low illegal sales rates

  24. Some Key Challenges Implementation: • Ensuring enforcement happens • Disjointed communication • Inefficient administrative procedures • Problems with youth decoy operations/youth decoy recruitment • Legislating increases in fees and fines • Data tracking, monitoring, reporting • Prosecutor doesn’t take violations seriously • Maintenance of accurate retailer lists

  25. Key Observations – Local Licensing Campaigns Local licensing campaigns are challenging! • Adoption and implementation issues need to be thought out well in advance of policy adoption • Persuasive arguments require strong rationale, presentation of local data, talking points, youth involvement • Strategic planning, patience and commitment necessary for success • Coalition involvement critical

  26. Key Observations – Training/TA • Emergence of 3 tiers of local licensing efforts: experienced, new adopters, beginners • Need to adapt training, TA to support each tier • Increased focus on enforcement/how to strengthen existing policies • Need for innovative strategies (e.g., law enforcement roundtables, social networking technology)

  27. Considerations & Recommendations for Other States • Consider your approach: grass-roots, state law or both? • Assess your tobacco control landscape, opponents, allies, barriers/constraints • Obtain input from diverse stakeholders • Develop a sound, evidence-based rationale • Obtain support from your administration • Plan strategically at outset & at regular intervals

  28. Considerations & Recommendations for Other States • Ensure ongoing source of funding and infrastructure to support local policy work • Provide leadership, training, TA – spread the wealth! • Evaluate! Be willing to make modifications to facilitate success • Provide an open forum for sharing successes and challenges

  29. Resources • Strategic Tobacco Retail Effort (STORE) Campaign http://tcsstore.org/ • Technical Assistance Legal Center (TALC) http://www.phi.org/talc/ • The Center for Tobacco Policy and Organizing (The Center) http://www.center4tobaccopolicy.org/ • California Youth Advocacy Network (CYAN) http://www.cyanonline.org/

  30. The Power of Innovation At first people refuse to believe that a strange new thing can be done, then they see it can be done -- then it is done and all the world wonders why it was not done centuries ago. Frances Hodgson Burnnett

  31. Discussion Questions • If your state licensing law is not producing the desired outcomes, is local retailer licensing a feasible strategy to pursue? Why or why not? • What kinds of barriers or issues come up when considering local retailer licensing in your state? Are you experiencing barriers or constraints now? • What information about local licensing would be helpful to you?

  32. Contact Information Mary Strode, MS STAKE Act Coordinator California Tobacco Control Program California Department of Public Health 916-449-5496 Mary.strode@cdph.ca.gov

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