Tobacco Retailer Licensing (TRL): Bells & Whistles

1. Tobacco Retailer Licensing (TRL):Bells & Whistles Randy Kline, Staff Attorney TALC (Technical Assistance Legal Center) http://talc.phi.org 510.444.8252 x303 rkline@phi.org

2. 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

3. 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

4. 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”

5. 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

6. 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

7. Gathering Evidence • Partial immunity for youth decoys • Youth decoys don’t have to testify

8. 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

9. 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

10. 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

11. 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

12. Randy Kline, Staff Attorney TALC (Technical Assistance Legal Center) http://talc.phi.org 510.444.8252 x303 rkline@phi.org