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Item 4 - Ordinance Amendment 95 Sale of Tobacco Products TO: Honorable Mayor and Members of the City Council ROM: James L. Bowersox, City Ma INITIATED BY: Oohn O..Fitch, Assistan~ City Manager,S? . .~,, Reba Wrlght-Quastler, Director of Plan~lng Serwces~(~ Pam Gravel, Management Analyst DATE: April 4, 1995 SUBJECT: Ordinance Amendment 95: An ordinance of the City of Poway, adding Chapter 8.05 to Title 8 of the Poway Municipal Code relating to the regulation of the sale of tobacco products. ABSTRACT This draft ordinance concerns the regulation of the sale of tobacco products. The ordinance prohibits self-service sales and self-service displays, racks and shelves of tobacco products and bans the use of vending machines for the purpose of tobacco sales. It requires signage where cigarettes are sold notifying customers that it is unlawful to sell tobacco to persons under eighteen and requires that an I.D. is examined to determine the age of the purchaser of tobacco unless it is readily apparent that the customer is of legal age to purchase tobacco. All cigarettes, other tobacco or smoking products must be sold in the packaging provided by the manufacturer and with all required health warnings. ENVIRONMENTAL REVIEW The proposed ordinance is not subject to CEQA. FISCAL IMPACT Possible loss of sales tax revenue from a decrease in sales of tobacco products. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Poway News Chieftain and a copy of this report was mailed to the California Grocers Association and California Business & Restaurant Alliance., and Project T.R.U.S.T. RECOMMENDATION It is recommended that the City Council hold first reading and continue the public hearing to April 18, 1995 for second reading. ACTION -II 1 of 3! APR 4 1995 ITEM '-- AGENDA REPOR? CITY OF POWAY ~~~ TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City ManagX~~ INITIATED BY: John D. Fitch, Assistant City Manage~ Reba Wright-Quastler, Director of Planning Services~.D~'~l~). Pam Gravel, Management Analyst DATE: April 4, 1995 SUBJECT: Ordinance Amendment: An ordinance of the City of Poway, adding Chapter 8.05 to Title 8 of the Poway Municipal Code relating to the regulation of the sale of tobacco products. BACKGROUND On September 10, 1993, staff was directed to prepare an ordinance for Council consideration that addressed vending machines and accessibility. At the December 14, 1993 Council meeting, it was noted that a regional model ordinance was being prepared and it was decided to wait for that ordinance before taking further action; however, no model ordinance has been produced and staff is not aware of any ongoing efforts in this direction. After receiving a request from Council, a workshop with Project T.R.U.S.T.(Teens and Retailers United to Stop Tobacco) was arranged and on September 27, 1994 they made a presentation. Staff was directed to schedule an ordinance regulating the display of tobacco products for Public Hearing. FINDINGS As noted in a fact sheet distributed by the California Department of Health Services, the State Legislature has set a goal of reducing the prevalence of smoking by 6.5 percent by 1999. To achieve this goal, both adults and adolescents have been targeted. With the ongoing education of the adult population about the associated risks of tobacco use, the number of adult tobacco users has been steadily decreasing. However, the number of teenage tobacco users has been increasing. While there are several methods that can be used to help meet the states' goal of reducing the prevalence of smoking, the recent trend to adopt ordinances to protect citizens from second-hand smoke as well as to prevent minors from having access to tobacco has its roots in the amount of information that is /~ ~_CTION: 2 of 31 APR J, 1995 ITEM 4 Agenda Report April 4, 1995 Page 2 increasingly available to the public. The National Institute on Drug Abuse has concluded that nicotine found in tobacco products is not only a powerfully addictive drug, but it has been identified as the most widespread example of drug addiction. In fact, nicotine has been found to be as addictive as cocaine and heroin. The draft ordinance prohibits self-service sales and self-service displays, racks ~nd shelves of tobacco products and the sale of cigarettes and other tobacco or smoking products not in their original packaging. Vending machines used for selling tobacco products are prohibited. While some similar ordinances have required all tobacco products to be kept under lock and key, this draft ordinance does not include this provision. ENVIRONMENTAL REVIEW The proposed ordinance is not subject to CEQA. FISCAL IRPACT , Possible loss of sales tax revenue from a decrease in sales of tobacco products. PUBLIC NOTIFICATION AND CORRESPONDENCE Notice was published in the Poway News Chieftain and a copy of this report was mailed to the California Grocers Association and California Business & Restaurant Alliance, and Project T.R.U.S.T. RECOMMENDATION It is recommended that the City Council hold first reading and continue the public hearing to April 18, 1995 for second reading. JLB:RWQ:PGG:kls Attachment: A) Draft Ordinance B) September 27, 1994 Staff Report Meeting with T.R.U.S.T. C) 1994 Tobacco Retailer Youth Purchase Survey Results D) Correspondence APR ~ 1995 ITEM 3 of 31 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING CHAPTER 8.05 TO TITLE 8 OF THE POWAY MUNICIPAL CODE RELATING ¥0 THE REGULATION OF THE SALE OF TOBACCO PRODUCTS WHEREAS, the City Council acknowledges that substantial scientific evidence exists that shows a causal relationship between the use of tobacco products and serious health conditions; and, WHEREAS, the National Institute on Drug Abuse has concluded that nicotine in tobacco products is a powerfully addictive drug which has been identified as the most widespread example of drug dependence in the U.S.; and, WHEREAS, nicotine found in tobacco products has been found to be as addictive as cocaine and heroin; and WHEREAS, The Surgeon General and the U.S. Department of Health and Human Services have found that cigarettes and other tobacco products are easily available from open stores and vending machines; and, WHEREAS, the City Council finds and determines that the adoption of this ordinance is necessary to protect the public health, safety and welfare of residents of the City of Poway; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS FOLLOWS: Section 1.. Chapter 8 of the Poway Municipal Code is hereby amended to read as follows: Chapter 8.05 REGULATION OF THE SALE OF TOBACCO PRODUCTS Sections: 8.05.010 Purpose 8.05.020 Definitions 8.05.030 Prohibitions 8.05.040 Non-Retaliation 8.05.050 Other Applicable Laws 8.05.060 Violation, Enforcement and Penalties 8.05.010 Purpose. The City Council does hereby find that substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S. The National Centers for Disease Control have found that at least four hundred thirty-four thousand (434,000) Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and the U.S. Department of Health and Human Services have found that a majority of those 'Americans who die of tobacco caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent. Accordingly, the City Council finds and declares it in the public interest to: 1) prohibit self-service sales and self-service displays, racks and shelves of tobacco products; 2) require the posting of warning signs at the point of purchase 4 of 31 APR 4:1995 ITEM Ordinance No. Page 2 stating the legal age of sale and that identification is required to purchase tobacco; 3) prohibit vending machine sales of tobacco products; and 4.) require all cigarettes, other tobacco or smoking products be sold in their original packaging with all required health warnings. 8.05.020 Definitions: For the purposes of this chapter, the following words are defined: A. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profitmaking purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. B. "City" shall mean the City of Poway. C. "Employee" means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a non-profit entity. D. "Minor" means any individual who is less than eighteen years old. E. "Non-profit Entity" means any corpocation, unincorporated association or other entity created for charitable, philanthropic, educational, character- building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "non-profit entity" within the meaning of this section. F. "Person" shall mean any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. G. "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee. N. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhaling or other manner of ingestion. I. "Tobacco retailer" shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. J. "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. K. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. 8.05.030 Prohibitions. A. No person or business shall engage in the sale of a tobacco product without first posting a plainly visible sign at the point of purchase of tobacco products which states "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN · YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO". The letters of the sign shall be at least one quarter inch {1/4") high. APR J~ 1995 ITEM 5 off 31 Ordinance No. Page 3 B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. C. No person, business, tobacco retailer or other establishment shall sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings. D. It shall be unlawful for any person, business, or tobacco retailer to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales. E. No person, business, or tobacco retailer shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any tobacco vending machine for the purposes of selling or distributing any tobacco product. 8.05.040 Non-Retaliation. A. No person or employee shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this ordinance. B. No person shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against another person because such other person seeks to attain compliance with provisions of this chapter. 8.05.050 Other Applicable Laws. This article shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws. 8.05.060 Violation, Enforcement and Penalties. A. Any person, business or tobacco retailer who violates any provision of this chapter shall, upon conviction thereof, be punished as specified in Section 1.08.010 of this Code. B. The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signage required by this chapter. C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees. Section 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid that invalidity shall not affect other provisions or applications of the act which can be given effects without the invalid provision or application and to this end the provision of this act 'are severable. APR4 1995 Ii'EM 4 ., 6 of 31 Ordinance No. - Page 4 EFFECTIVE DATE: This ordinance shall take effect and be in force thirty(30) days after the date of passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 4th day of April, 1995 and thereafter PASSED AND ADOPTED at a regular meeting of the said City Council held the day of , 1995, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Don Higginson, Mayor -- ATTEST: Marjorie K. Wahlsten, City Clerk E: kC I TY\ P LA)IN I NG\REPORT\REVTOB. ORD APR ~ 1995 ITEM 7 of 31 AGENDA txEPORT SUMMARY TO: Honorable Mayor and Members of the City Council FROM: James L. ~owersox, City Mana~ · INITIATED BY: John O. Fitch, Assistant City Manaqe~J~ Reba Wright-Quastler, Director of ~lan~ing Services DATE: September 27, 1994 SUBJECT: Meeting with Project T.R.U.S.T. (Teens and Retailers United to Stop Tobacco). ABSTRACT This report presents information concerning the accessibility of tobacco products to minors. It recommends adoption of an ordinance requiring the placement of tobacco products behind the counter in stores in order to prevent self-service, removal of cigarette vending machines from places easily accessible to minors and requiring signage where cigarettes are sold notifying customers that it is unlawful to sell tobacco to persons under eighteen. , ENVIRONMENTAL REVIEW This informational report is not subject to CEQA. FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCF Standard distribution. RECOMMENDATION It is recommended that the City Council direct staff to schedule an ordinance regulating the display of tobacco products for Public Hearing. ACTION APR 4:1995 ITEM 4 8 of 31 Attachment B stp 27 1994 ITEM 8 " AGENDA REPORT CITY OF POWAY TO: 'Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Man~) INITIATED BY: John D. Fitch, Assistant City Manager[~Y~ ~vjO~ Reba Wright-Quastler, Director of Plannqng Services DATE: September 27, 1994 SUBJECT: Meeting with Project T.R.U.S.T. (Teens and Retailers United to Stop Tobacco). BACKGROUNQ The increased incidence of teenage tobacco use in recent years has become a growing concern nationwide as well as at the state and community level. To address these concerns, special taxes were levi,ed against cigarette smokers with the passage of Proposition 99. This revenue has been used to fund studies that further the knowledge about tobacco use, including use among teenagers. Current studies have shown that teenage use of tobacco is a function of availability; accordingly, there has been a move to curtail access to tobacco through local government action. The August 1993 bulletin published by the California Healthy Cities Project summarized some of the findings from the various studies that have been conducted. It notes there are several ways to prevent the illegal over-the- counter sale of cigarettes and smokeless tobacco to minors. One such approach relies on voluntary compliance through merchant education. With this method, studies showed the average rate of sales to minors goes from 70%-90% illegal sales to 40%-60% illegal sales. This small drop in sales has been found to be only temporary. Further surveys have noted that within six months to a period of two years, there is a trend back towards the pre-merchant educational levels of illegal tobacco sales. Other courses of action require governmental agencies' involvement. One option would be to require a local retail license to sell tobacco products. The fee paid could defer costs associated with the enforcement of the state law that prohibits the sale of tobacco to minors. Currently, no local jurisdictions have tried to control sales of tobacco use to minors with this approach. ACTION: 9 of 31 $£P~71994 I'I'~M 8 Agenda Report September 27, 1994 Page 2 Another alternative is to use regular undercover tobacco sting operations and citing persons who violate state law. This approach has met with some success, however the cost can be prohibitive. A last option utilizes the adoption of~ an ordinance that requires the use of signs at the point of sale, requires merchants to request proof of age and requires the removal of tobacco products from in front of the counter and the control of cigarette vending machines. According to the Healthy Cities Project, this approach has seen the most use as there are 284 cities that have ordinances that restrict smoking pollution and/or restrict access to vending machines. Additionally, the legality of this type of ordinance has been upheld in the 4th District Court of Appeals with the challenge to the Rancho Mirage ordinance which regulates tobacco vending machines. On September 10, 1993, staff was directed to prepare an ordinance for Council consideration that would restrict the availability of tobacco to minors. At the December 14, 1993 Council meeting, it was noted that a regional model ordinance was being prepared and it was decided to wait'for that ordinance before taking further action; however, no model ordinance has been produced and staff is not aware of any ongoing efforts in this direction FINDINGS The recent trend to adopt ordinances to protect citizens from second-hand smoke as well as to prevent minors from having access to tobacco has its roots in the amount of information that is increasingly available to the public. The National Institute on Drug Abuse has concluded that nicotine found in tobacco products is not only a powerfully addictive drug but it has been identified as the most widespread example of drug addiction. In fact, nicotine has been found to be as addictive as cocaine and heroin and is predictive of adolescent illicit drug use. With the ongoing education of the adult population about the associated risks of tobacco use, the number of adult tobacco users has been steadily decreasing. However, the number of teenage tobacco users has been increasing. The American Medical Association has published several scientific studies that have found adolescents are now the target group for tobacco advertising and promotion. They report that 90% of adult smokers began before the age of I9 and 60% before the age of 14. The National Centers for Disease Control has found that the_top three favorite brands of cigarettes that are used by teenagers are the three most advertised brands. Vending machines are reportedly the number one source of tobacco for first time users. Because of these findings, staff recommends that an ordinance regulating the display of tobacco products be adopted. ENVIRONMENTAL REVIEW This informational report is not subject to CEQA. APR 4 1995 ITEM 10 of 31 SEP 2 ? 1994 IIEM - Agenda Report September 27, 1994 Page 3 FISCAL IHPACTS None. PUBLIC NOTIFICATION AND CORRESPONDENCE Standard distribution. RECOMHENDATION It is recommended that the City Council direct staff to schedule an ordinance regulating the display of tobacco products for Public Hearing. JLB:RWQ:PGG:kls Attachment: Draft Ordinance E:\CITY\PLANNING\REPORT\TOB.AGN ' 11 of 31 'APR J- 1995 ITEM ~+ ~l SE? 2 ? 1994 ITEM 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, ADDING CHAPTER 8.05 TO TITLE 8 OF THE POWAY MUNICIPAL CODE REEATING TO SALES OF TOBACCO TO MINORS WHEREAS, the City Council acknowledges that substantial scientific evidence exists that shows a causal relationship between the use of tobacco products and serious health conditions; and, WHEREAS, the National.Institute on Drug Abuse has concluded that nicotine in tobacco products is a powerfully addictive drug which has been identified as the most widespread example of drug dependence in the U.S.; and, WHEREAS, nicotine found in tobacco products has been found to be as addictive as cocaine and heroin; and WHEREAS, scientific studies published in the Journal of the American Medical Association have found that tobacco companies target children and teenagers with cigarette advertising and promotion; and, WHEREAS, The National Institute on Drug Abuse has found that tobacco use by adolescents precedes and is predictiye of adolescent illicit use; and, WHEREAS, The Surgeon General and the U.S. Department of Health and Human Services have found that cigarettes and other tobacco products are easily available from open stores and vending machines; and, WHEREAS, the City Council finds and determines that the adoption of this ordinance is necessary to protect the public health, safety and welfare of residents of the City of Poway under eighteen years of age; and, WHEREAS, a properly noticed public hearing was conducted in accordance with Section 65853, et seq, of the California Government Code to consider this Zoning Ordinance amendment; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES HEREBY ORDAIN AS FOLLOWS: Section I. Chapter 8 of the Poway Municipal Code is hereby amended to read as follows: Chapter 8.05 REGULATING THE SALE OF TOBACCO PRODUCTS TO PROTECT MINORS Sections: 8.05.010 Purpose 8.05.020 Definitions 8.0S.030 Regulating the sale of Tobacco Products 8.05.040 Non-Retaliation 8.05.050 Other Applicable Laws 8.05.060 Violation, Enforcement and Penalties 12 of 31 APR 4 1995 ITEM SE? 2 ? 1994 Il'EM Ordinance No. Page 2 8.05.010 Purpose. The City Council does hereby find that substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco caused diseases are the leading cause of premature, preventable death and disability in the U.S. The National Centers for Disease Control have found that at least four hundred thirty-four thousand (434,000) Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent. Accordingly, the City Council finds and declares it in the public interest to: 1.) prohibit self-service sales and self-service displays, racks and shelves of tobacco products; 2.) require the posting of warning signs at the point of purchase stating the legal ~ge of sale and that identification is required to purchase tobacco; and 3.) prohibit vending machine sales of tobacco products. 8.05.020 Definitions: For the purposes of thi~ chapter, the following words are defined: A. "Bar" means any encl-osed place with direct egress and ingress from the outdoors in which alcoholic beverages are sold to be consumed on the premises and which food sales are incidental (15% or less of gross revenues) to the consumption of alcohol. B. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profitmaking purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. C. "City" shall mean the City of Poway. D. "Employee" means any person who is employed by any employer in consideration for direct or indirect wages or profit, and any person who volunteers his or her services for a non-profit entity. E. "Minor" shall be any individual who is less than eighteen years old. F. "Non-profit Entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character- building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "non-profit entity" within the meaning of this section. G. "Person" shall mean any individual, partnership, cooperative association,private corporation,personal representative, receiver, trustee, assignee, or any other legal entity. H. "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco-related promotional products that the public has access to without the intervention of an employee. I. "Tobacco Product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for .smoking, chewing , inhaling or other manner of ingestion. J. "Tobacco retailer" shall mean any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. 13 of 31 APR J, 1995 FI'EM SE;> 2 ? 1994 Il'EM Ordinance No. Page 3 K. "Tobacco vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper currency, or other things representative of value, which dispenses or releases a tobacco product. L. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. 8.05~030 ~equlatinq the Sale of Tobacco to Protect Minor~. A. Any person, business, tobacco retailer or other establishment subject to this ordinance shall post .plainly visibte.sign~ at the point of purchase of tobacco products which state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO". The letters of these signs shall be at least one quarter inch (1/4") high. B. No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this ordinance shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification~establishing the purchaser's age as eighteen years or greater unless the seller has some reasonable basis for determining the buyer's age. C. It shall be un~)awfu~ for any person, business, or tobacco retailer to sell, permit to be sold, ofi~er~i~r sale,or,display for sale-any-tobacco:produc~ biKe, means of self-service m6ff~handisir~g or by means other than vendor-assisted sales. D. No~person, business, or tobacco retailer shall locate, install~ keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending.machir~e.fo~r the purposes of selling or distributing any tobac~ product. In bars; lounges and similar establishment.'~ where the primary business is the sate of.alcoholic beverages for the consumptio~ on the premise~.and which require all ~occupants to be 21 years of-age or..o'lder~, vending machines may be permitted providing such machine or self-service display is kept at least 10 feet from any door providing access to areas not restricted to persons under 21 years of age and is kept under visual supervision of an employee. 8.05.040 Non-Retaliation. A. No person or employee shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such emPloyee or applicant agrees to abide by the provisions of this ordinance. B. No person shall intimidate or threaten any reprisal or effect any reprisal for the purpose of retaliating against another person because such other person seeks to attain compliance with provisions of this chapter. 8.05.050 Other Applicable Laws. This article shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws. 14 of 31 APR ~, 1995ITEM SEP ~ ? 1994 ITEM - Ordinance No. Page 4 8.05.060 Violation, Enforcement and Penalties. A. Any person, business or tobacco retailer who violates any provision of this chapter by allowing the sale, permit to be sold, offer for sale or display any tobacco product by means of self-service merchandising or by means other than vendor-assisted sales of tobacco products, is guilty of an infraction and upon conviction thereof, shall be punished as specified in Section 1.08.010 of this Code. B. The owner, operator or manager of any public place or place of employment within the purview of this chapter shall comply herewith. Such owner, operator or manager shall post or cause to be posted all signage required by this chapter. Such owner, operator or manager shall inform any person who violates this chapter or the provisions of this chapter and may refuse sales to such persons. C. It shall be the responsibility of employers to disseminate information concerning the provisions of this chapter to employees. Section 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid that invalidity shall not affect other provisions or app?ications of the act which can be given effects without the invalid provision or application and to this end the provision of this act are severable. EFFECTIVE DATE: This ordinance shall take effect and be in force thirty(30) days after the date of passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway This ordinance shall be effective thirty (30) days from and after the date of its adoption. Introduced and first read at a regular meeting of the City Council of the City of Poway held the day of , 1994 and thereafter PASSED AND ADOPTED at a regular meeting of the said City Council held the day of , 1994, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Don Higginson, Mayor 'ATTEST: Marjorie K. Wahlsten, City Clerk 15 of 31 APR 1995 ITEM 4 SEP 2 ? Il'EM 8 .g94 Tob~cca Ret~ler Youth Purchase Survey. ReSb~ts .- 'Tobacco Cont~'ol Section California Department of Health Servtces .. The Tobacco Retailer Youth Purchase Survey was conducted between April 15, 1994 and May I5, 1994. The purpose of the survey was Lo document the problem of tobacco sales to minors in California. Survey results were released at several press conferences held throughout the State on May 26, 1994. Following is a discussion of the survey methodology and results. In 1994, the Tobacco Control Section (TCS) coordinated the Tobacco Retailer Youth Purchase Survey. Surveys were conducted in 23 of the State's BB countles, which covered 8 regions of the State. Participants in the Tobacco Retailer Youth P~rchase Survey self-selected communities within counties to be surveyed. Lists of tobacco retailers were developed from telephone books, business directorieA, list's provided by vending machine operators, and knowledge of the community, From these lists, participants were directed to develop a random sample of retailers. Suggested sample sizes were provided by TC$, and based on population data and the estimation that there was 1 tobacco retailer per 1,000 population. Purchase attempts were used because at the time the Tobacco Retailer Youth Purchase Survey was designed, a State Appellate Court struck down a common police prattlce of sending underage decoys into stores, restaurants, and bars to buy liquor, and then fining the liquor outlets or revoking their liquor licenses for selling alcohol to minors [Proviq0 Corporation vs. Alcoholic~Control Apoeal~ Bo~rj~ (Igg3} IZ Cal. App. 4th 1205]. Legal counsel for the Department indicated that the Prgviqo case raised issues regarding the legality of underage decoy purchase~ of tobacco, and advised TCS to use purchase attempts. The Proviqq case was subsequently heard by the California State Supreme Court, and overturned in april 1994, permitting teenage liquor decoy operations once again. For each purchase attempt the following data elements were recorded: 1. outlet name 2. outlet address 3. outlet type (convenience store, grocery store, restaurant, etc.) 4. vending machine (Y/N) 5. location of tobacco in the outlet (behind counter/in front of counter} 6. sex of the clerk 7. approximate age of the clerk 8. age of the minor 9. sex of the minor ~o. sale (w~s the purchase attempt successful Y/N) 16 of 31 Attachment C APR ~ 19% ITEM 11. availability of single cigarette sales 12. posting of the California Penal Code Section 308 (youth access law) 13. post of a warning sign such es, "We Check Data-quality controls in the campaign included proviUing a comprehensive "how-to" manual, a Six-hour traln-Lhe-trainer trmining, and ongoing technical assistance through frequent telephone conference calls and mailings between February 1994 and June 1994. Survey Result~ The chi-square test wms used to determine if there were differences in the buy rate across levels of each variable. 1. Overall Purchase Success Rate Across the State, 23 counties participated in the Tobacco Retailer Youth Purchase Survey; and 1,885 over-the-counter and vending machine purchase att~mpt~ were made by A07 youth. The survey included youth tobacco purchase attempts at 1,775 over-the-counter outlets and 100 cigarette vending machines. The over-the-counter sales rate was s2.! percent, and the vending m~chine s~les rate was 85 percent. By region, the over-the-counter attempted sales rate ranged from 18.9 pe)c-nt in the North CoasL R~gion to 61.S percent in the Centre) Valley Region. Regions with lower successful purchase rates had countie~ in which aggressive merchant education and/or enforcement efforts had occurred in the past six (6) months. The over-the-counter attempted purchase rate for the regions are as follows: North Coast 18.9 ~erceot Gold Country 39.1 mrcent Trt-County 40.0 )ercent Tri--County South 57.5 mrcent Bay Area 58.7 )ercent Los Angeles 5g.O )~rcent Central Coast 61.0 )ercent Central Valley 61.5 )ercent 2. Success Rates by Age mhd Gender The successful purchase attempt rate varied by age. Minors 15 to 17 years old were significantly more successful in their attempts to purchase tobacco than those who were 13 to 14 years old (P<O.01). There were no significant differences in the buy rate for male (52.B percent) versus female (50.4 percent) minors. 17 of 31 APR 4 1995 ;. ' F''.' ''~''~ :'~' ............................. 3. Purchase Rttempts by Establishment Type and Location of Tobacco in Outle: The type of retail outlets surveyed were: grocery stores, gas/convenience stores, liquor s:dres, convenience stores, drug stores/pharmacies, gas stations only, restaurants; and other which included hotels, motels, and bowling alleys. Product placement was assessed as to whether it was behind the counter or placed in self-service displays in front of the counter. The buy rate varied significantly across the different type of retail outlets (P<O.O1). The retailer type most willing to sell tobacco to a minor was ~he gas station category with 67.2 percent o4 purchase attempts successful. The retailer type least ikely to sell tobacco to a minor was the druo store/pharmacy category with 34 percent willing to sell tobacco to a minor. The buy rate by retail type was as follows: Gas stations 67.2 ~ercent Liquor stores 63.9 )ercent Other 63.8 )ercent Restaurants 57.9 )ercent Convenience stores 54.6 )ercent Gas/convenience stores 48.9 )ercent Grocery stores 44.9 )ercent ' Drug store/pharmacy 34.0 )ercent There were no significant differences in the buy rate for behind-the-counter versus in-front-of-the-counter attempted buys. The buy rate for tobacc~ products located behind the counter was 62.g percent and 48.7 percent for in-front-of-the-counter. 4. Age and Gender of the Clerk Clerks aged 40 y~ars and under were more likely to sell cigarettes than these older than 40 years, although this difference was only marginally significant (0.05<P<O.10). Male clerks were significantly more likely to sell cigarettes to minors than female clerks (Poe.01); 58 percent versus 44.5 percent, respectively. 5. Posting of Signs C~liFornia law require~ that retailers post a copy of Penal Code Section 308, the law that prohibits the sale of tobacco to minors. Acopy of Penal Code Section 308 was posted in only 12 percent of all retailers surveyed. The percentage that displayed a copy of the law ranged frnm 3 uercent for gas stations only to 15 percent for grocery stores. Penal Code Section 308 does not specify where in the store the law is to be posted, so it is possible that the law was posted in an area inaccessible to the volunteers. 18 of 31 APR ~ 1995 The overall percentage of stores that posted a warning sign (such as "We Check Ill") was 23 percent, and was uniformly low across all outlet types. The percentage was highest for drug store/pharmacies (Z7 percent} and lowest for restaura6ts (17 percent). 6. Single Cigarette Sales Calttorpia law prohibits the sale oF individual cigarettes. Overall, single cigarettes were available for sale at six (6) percent of the retailers sampled. By far, more liquor stores {)2 percent} had single cigarettes available for sale than any other outlet type. The Los Angeles (10 percent). Tri-County South (10 percent), and the Central valley (g percent.} regions had the highest percentage of stores where single cigarettes were available for sale. Among counties, Los Angeles (16 percent), lulare (13 percent), Riverside (10 percent), and San Bel-~ardino {10 percent) had the highest percentage of stores that had single cigarettes available for sale. I~s~id Milk Companies, Inc. February 24, 1995 City Council City of Poway 13325 Civic Center Drive Poway, CA 92064 /- Re: Vons Store #349 13438 Poway Road Poway, CA Dear City Council Members: As retailers in the City of Poway, we share concerns regarding safe, responsible sales of tobacco products and are certainly aware of our obligation to uphold the laws of this state. In fact, we consistently work with our employees ko ensure that they understand the regulations affecting tobacco sales. We are very concerned about a proposal currently being discussed, which would restrict our ability to use self-service merchandising displays for tobacco products. Such restrictions would do nothing to curb irresponsible sales of tobacco products and would only cause our already established stores to make expensive equipment changes; and, in most cases, it will be extremely difficult to encase these products behind the checkstand due to lack of space and current checkstand configurations. If we are required to put all tobacco products in locked cases, our checkers will be forced to leave their stations upon a customer's request. This will most certainly make our operations more vulnerable to theft as checkstands go unmanned. Lastly, we are concerned that information has been circulated, which attributes self-service displays to an increase in sales to minors. Self-service displays should not be equated with vending machines. Vending machines eliminate the need to pass through the checkstand while self-service displays still require a customer to go through a checkstand to purchase the product before leaving the store. If a product is stolen, the customer is in violation of the law and will be prosecuted. Vons is dedicated to enforcing our policy regarding prosecution of shoplifters and will not allow these criminals to go unpunished. To pass complicated restrictions regarding retail operations will only cloud the issue, thereby putting all retailers in Poway in jeopardy. We respectfully ask for your help in removing the ban on tobacco self-service displays from the proposed ordinance. Sincerely, THE V~ BRAD W. MELVIN Director, Store Operations Support Attachment D cc: James L. Bowersox, City Manager "aveL Management Analyst, Planning Department 20 O~ 3J. The Von$ Compame,i, In¢, · PO. Box 1138. Los Ant:e~e,. C^ t~00$1 ~s,~<l,,lli.d~^..~.u~,,^,c.,,~i,,.c^.,o,~=.~,~o,~ . r¢,¢.,.,,.. ~.,.,,~:~-~. APR & 1995 ITEi~J ,albert, sons. February13,1995 city Council R E C E IV E D City of Poway 13325 Civic Center Drive FEB 1 ] 1995 Poway, CA 92064 PLANNING DEPT. Dear Council Members: As a retailer in the city of Poway, we share your concerns regarding responsible sales of tobacco products and we strive to meet our obligation to uphold the laws of this state. We continually work with our employees to ensure that they understand the regulations affecting tobacco sales. We have concerns about a current proposal which wo~ld restrict our ability to use self-service merchandising displays for tobacco products. Such restrictions would likely do nothing to curb irresponsible sales of tobacco products and would cause us to have to make expensive equipment changes in our stores. In most cases it will be extremely difficult to keep these products behind the checksmnd due to lack of space and current checkstand configurations. If we are required to put all tobacco products in locked · - cases, our checkers will be forced to leave their stations upon a customer's request, which could make our operations more vulnerable to theft as checkstands go unmanned. We are also concerned that information has been circulated which attributes self-service displays to an increase in sales to minors. Self-service displays should not be equated with vending machines. Vending machines eliminate the need to pass through the checkstand while self-service displays require a customer to go through a checkstand to purchase the product before leaving the store. If a product is stolen, the customer is in violation of the law and will be prosecuted. Albertson's is dedicated to enforcing our policy regarding prosecution of shoplifters and will not allow these criminals to go unpunished. Placing unwarranted restrictions on our retail operations will not ser~'e to achieve the desired goal, but will increase all retailers' operating costs. We respectfully ask for your help in removing the ban on tobacco sell-service displays from the proposed ordinance. Very ~truly yours, Dii~t~of Public Relations and Governmental Affairs 21 of 31 L. Bowersox. City Manager APR a. 1995 I'r~:~ ~t , , .. ravel. Management Analyst, Planning Department ALBERTSON'S. [NC I GENERAL OFFICES / 250 PARKCENTER BLVO I BOX 20 / BOISE, IOAHO 83726 ! 208.385.6200 February 25, 1995 RECEIVED The Honorable City Counc[imembers City of Poway YLU 2 13325 Civic Center Drive Poway, CA 92064 CITY OF POWAY CITY MANAGERS OFFICE Dear Honorable Mayor and Councilmembers: As a retailer in the City of Po~vay, we share your concerns regarding safe, responsible sales of tobacco products and are certainly aware of our stores' obligation to uphold the laws of this stare In fact, we consistently work with our clerks to ensure that they understand the rules and regulations pertaining to salts of tobacco products. We are very concerned about an ordinance currently being discussed which would restrict our ability to use self-service merchandising displays for tobacco products. 7-Eleven Stores have been operating in the City of Poway for many yea. rs, not only a.s neighborhood small grocery stores, but also as good employers for many Poway [esidents. A ban on tobacco self-service disphays will cause us to lose our merchandising rebate fees which will adversely affe~ store revenue. During difficult economic times such a_s these the small stores cannot afford to lose revenue while other stores in San Diego county will be allowed to continue to use self-service displays. Thls would put our stores in an unfair position. .'~ responsible members of your community, we urge the Pow-ay City Council to remove the ban on tobacco self-service displays from the proposed ordinance and work with the Poway Retailers to instead correct any problems with tobacco by training or education Sincerely, J~an Wilson ' Division Government .ad:fairs Specialist JW/bg James k Bowersox, City Manager Para Crravel, Management Analyst, Planning Department 7-Eleven Stores I Greater Los Angeles Division 120 S S~ate College Blvd. / Suile 200 / P.O~ Box 2245 I Bree, CA 92622-Z245 I Phone (714) 520.7711 22 of 31 ~,~ APR 4 1995 FfEM March 15, 1995 Golden State Gasoline, Inc. ~,~/~,c 13394 Poway Road GIT'( CF Poway, ~A 92~1 CI~' MANAGERS OFFICE Proposed Ban on Tobacco Self Se~ice Displays Mayor & Councilmembers: As a retailer, we take extreme caution to I.D. any tobacco sales to anyone who appears under the age of 25. The proposed ban wo'uld not only create a financial loss in merchandising fees, but also create a handibap for our retail sales. As a responsible tobacco retailer we wish you would vote no to the proposed ban. Sincerely, Yo~nda Gilliland Mgr. Golden State Gasoline, Inc. 23 of 31 APR ~ 1995 DISTRIBOT ] California Grocers AssociatiOn September ~, 1994 .... r ........ Mr. James L. Bowersox L;~.';.;, ~,,.~,.~,, Ci~ Manager ~ .~ .... 13325 Ci~c Center Drive } '~ Poway, CA 92064 ,~,~,,,..~,~ De~ Mr. Bowersox: ......:,..~....~,. ,, ~ank you for t~ng the time to speak Mth me reg~di~ the proposed ...... ' .... ordinance which would regulate the display of tobacco products. ~ .... ~e California Grocers ~sociation represents more than 8,~6~ members ........ · ,. including the major chain stores, ~dependent retailer~, neighborhood ............. "mom and pop" stores. In PowaT, we represent Vons, Lucky's, Albertson's, 7- T'~.:~2 ............. 1 [ and m~y smaller independent re~lers. CGA's southern California office ............. work~ wi~ local gover~enr and loc~ fetal ~ocers to help 0evelop punic ,,.,..: policy which ass~t~ both the private and the public sectors in attainin~ mutual . .. ':~ .............. If we a~ agree that the goal of the proposed ordinate is to reduce sakes to ...'~' .~.,~' '~ ',.,.. ~nors, then we have ~everaI op~om which would help accomplish this goal. ....'~:".,,.... ~. ~. ~ . CGA hopes that the ci~ will comider a step-by-step approach ':,,,,,,' ....... reduction of sales to ~ors - ~ approach in w~ch we c~ play a sig~ficam ,..~ ..... liaison role be~een our members, ~e ci~ of Poway and the orga~tion '.v ..... Teens and Ret~lers Un/ted to Stop Tobacco (~UST). We behove that if .......... ~ .......... ~ ...... we work together we can have a *ignificant impact on reducing sales to '"" ' ~ ............ minors , ....., .~.,,~ ...... ,,.:.,,~ .,, ,~.. ,.. ~ere is much literature and rese~ch done reg~d~g illegal tobacco sales "~ .... " minors. ~le a~ me~o~ have beea shorn to reduce sales to ~nors, not ~'~..,,. ,~.~ ,.... all have been sho~ to be h~ess to the b~iness co~u~ty. Specifically, ; ....... ,, eli~nation of self-~e~ice cigarette rac~ ~11 pro.de a signffican~ fin~ciM ..... ~ ............... hardship on m~y retail operators. If reta~ers ~e no longer able to use cigarette rac~ to encourag~ sales as well a~ obtain ~lorti~ allowance~, the amount of money lo~t ~I[ be significant. 24 of 31 APR 4 19 5 ITE SEP 2 7 1994 ITEM 8 q.'be significance of this fina.ncia! burden does differ from store to store, but overall it amounts to the elimination of one part-time employee per retail outlet. Additionally, stores in areas just outside Poway will continue to use self-service displays, thus putting city stores at a competitive disadvantage. Having said this, there are many things we can support. We can support the elimination of vending machines and we can support moving tobacco merchandise into a position which would allow the clerks to have constant "line of sight" surveillance. This coupled with an intense public awareness campaign has proven to significantly reduce sales to minors. In conclusion, becsuue grocers are an hxtegral part of the community, we would be most grateful if you would give us the opportunity to work w~th the city in the development of a program which would reduce the illegal tobacco sales to minors. Together, we can make a difference. Therefore, we respectfully request that. item number 8 on Council Agenda for September 27, 1994 be postponed to give CGA an opportunity to work with you on this most difficult problem. If you have any further questions or comments, please don't hesitate to call me at 310/432-8610. Sincerely, CAJ._IFORNL&. GROCERS ASSOCIATION BETH BEEMAN Director of City/County Govern_mental Relations 25 of 3~. APR 4 1995 I'J'~_~ z~ SE? 2 5' 1994 ITEM 8 WE NEED YOUR HELP! Please oppose any efforts to prohibit self-service displays of tobacco products. Now Is not the time to take any action that might harm businesses I. Poway. Business Name ~ ..~r~oE ,~/: ~' ~'L Address 1;;§§ ~D°w=~ c'~/'' ,::~'u./../~ ~ SignatUre ~ 26 of 31 APR 4 1995 r£E~l 4 WE NEED YOUR HELP! Please oppose any efforts to prohibit self-service displays of tobacco products. Now Is not the time to take any action that might harm businesses in Poway. ., Bus]ness Name Address 27 of 3]. APR ~ WE NEED YOUR HELP! Please pppose, any efforts to prohibit self-service displays of tOb~¢O products. Now is not the time to take any action that might harm businesses In Poway. Business Name Address Phone Name Signature 28 of 31 APR ~ 1~95 I'i'~--~ 4 mP'",m__ California Grocers Association ,. ..... .,...,,, M~ch 29. 1995 ~ ~ 0~ ~e Honorable Don Hi~inso~ Jr. ~,, ,,,,,, .2 ~.,,, ~ Mayor. Ci~ of Poway .,,,~ ,, .... Ci~ H~I ,,~.,.~,~, 133~ Ci~c Center Drive · ...... c~- De~ Mayor ~d Co~cilmembers: ~;,,~'~ ~is letter is ~ rcspome to item number 4 on the City Coun~d agenda for ' .......... April 4. 1995, a proposed ordinate which would to restrict the usc of self- ~.,,, .......... ~e~ce displays for tobacco pr~ucts. ~ ~e C~fforMa Grocers ~sociation (COA) remains ve~ much opposed to ","" '"' ' .............. re~lations which res~ict the abili~ of responsible retMIers to use self-~e~,ice ..*~,~ ....... ',,, displays for tobacco producu. ~is resthction effectively requires that ~7'gY ..... ' ........ retailers either lock up or keep tobacco products behind thc checkstand counter. Spec...c~,.y, a c:s:omer ........ purebred. ,.,~ ~ ........ Not uMike shelf space rebates given by potato chip and soda pop cc,mpanies, ,~ ............ stores receive monet~ allow~ces for certain ,..,,.,.~ .... proposed ordinance Mil cause retailers to lose these payments at an average "~ ......................rate of $4500 per store per year. ~-., ..... ,: ............. ~e fa~ is ~at in today's economy, these allowances have becomt ,m :ntegral ,,~.,..~.,~ .... part of many store's ability to operate in a profitable ma~er. With retail ............... profits in Poway already sa~ing, the danger of ba:~ptt)' looms as a reality '" ........ '"'"'""*' for m~v sm~l stores and any Council action which adversely affects the ~.~::'&~? bottom line ~I1 be felt either by the consumer in the fo,m of higher prices, ~: ~' ...... or bv the store employees in the form of layoffs. In short, at least 20 jobs , ............. could disappe~ out of the Poway economy and the cost of living will most ~,,,.., ~ ........ certMMy increase. '~'"'"' ~'" "' Please ~ow that we are ve~ concerned about illegal tobacco ~ales to minors ....... ~ .............. and as members of the commuM~ we share many of your concerns regarding ........................ safe. responsible sales of tobacco products. In fact, we have always take an '.,;E,;,,,~ ............ pro-active stance on this issue. ~t year CGA success~lly sponsored ........ :~-' legislation which now requires the Dep~tment of Motor Velncles to color - stripe driver's lite.cs ~o that rctailers can easily dctcr~ne if a customer is legMly able to purchase tobacco products. Additionally we Mlly support the removM of cigarette vending machines because of easy access to minors. 29 of 3[ APR 4 1995 ITEM But, while vending machines offer easy access to minors, self. service displays do not. For example, in recent research conducted in Santa Barbara County there was no significant difference between the illegal ~ioducts from self-service or vendor assisted sales. And. the ;~a~,nal experts on tobacco issues, the Center for Disease Control (CDC) Office on Smoking tn Atlanta. echoes this sentiment and is unaware of any publisked research regarding self-service displays and illegal sales to minors. However, it has been validated that strong enforcement programs do act as a deterrent for illegal tobacco sales. The California State Legislature concurred and has passed a new law which will become effective on July 1995 of this year. This law, the Stop Tobacco Access to Kids Enforccrnent Act (STAKE) requires the state Department of Flealtb Services to develop a program to reduce the availabilit~ of tobacco products to ri,ira,rs. The program must J. nclude random, on-site i~pections at retail sites using 15 and 16 year olds. Additionally, this new law increases the penal,i2s which may be assessed vendors who illegally sell to minors from $200 at a t,rst offense to over $6000 for the fifth offense. The new law offers iocalities additiona: too~s .:o er, force ;~c to sell tobacco products to anyone under the age of tS, regardless of where the produc~ is displayed in a store. Anyone who illegally sells should be prosecuted to the full extent of the law'. Retailers who do not sell to minors should not be prosecuted in the form of additional regulations., which wilt have tittle or no effec~ on ~he problem at hand. It is ~'~th this in mind that we respectfully urge the council to oppose any efforts to ban self-service displays for tobacco products in the city of Poway. Thank you for your time and ldnd consideration. If you have ,,~rther questions, I can be reached at 310/432-8610. Sincerely, CALIFORNIA GROCERS ASSOCIATION BETH BEEMAN Vice President Local Government 30 of 31 APR ~ ~5 ~T~=~ ~ ,,,--CALIFORNIA CLlll: C Z73, 93632 APR A 1995 ITEM 31 of 31 ]Doway Chamber of Commerce The Chamber Building · 12709 Poway Road, Suite101 (619) 748-0016 Mailing Address PO Box 868 · Poway, California 92074-0868 (619) 748-0082 RECE'IVEO MAR 3 1 1995 March 31, 1995 ClTYOF POWAY C11~ CLERK'S OFFICE, ,, Mayor Don Higginson City of Poway P.O. Box 789 Poway, CA 92074-0789 Re: Ordinance Amendment 95: An ordinance of the City of Poway, adding Chapter 8.05 Title 8 of the Poway Municipal Code relating to the regulation of the sate of tobacco products. Dear Don: It recently came to the Chamber's attention that the above referenced ordinance is scheduled to be heard at the April 4th City Council Meeting. This letter is to request a continuance on this ordinance to future City Council meeting so that the Chamber _ has adequate time to perform a study of the ordinance with our membership and provide a recommendation to the City Council. After reviewing a copy of the "Agenda Report Summary" which I picked up from the City Clerk's office today, I was disappointed to read that the Chamber of Commerce was not listed on the Public Notification and Correspondence distribution list. This issue affects several of our members at the Chamber of Commerce and as an advocate organization, the Chamber Board has a responsibility to review proposed city ordinances and represent our membership accordingly at City Council hearings. Due to the short suspense between today and next Tuesday, we at the Chamber require additional time to alert our membership and gain and appropriate recommendation for the City Council. Please consider my request to delay the Ordinance hearing next Tuesday. Please call if you have any questions. Thank you. Sincerely, Teresa Clark President TC/jls - ~¢' /~-~ 'APR 4 1995 -~ F!r'l??5 !2:~,':'-_ 31~4~:2772:i~ CALi= GR£'CER$ DISTRIBUTED Grocers Association ~'""" '"'~ April 3. 1~5 , ....... ~, ~e Honorable Ci~ Council .... .,~ 13325 Civic ~nt~r Driv, ~" ~"~"~ Poway, CA ~ ..... ~"~" '~'""~' D~ Mayor ~d Ci~ Court,l: '~"~'~"" ......... Attached pl,~ find ~ ~xce~t from the R~ible Tobacco Retailing "'~'"'"' '""" progr~ which is ~rrently being offered statewide by the C~iforma Grocers 2.~Y~ ~ ...........~sociation (CGA). CGA is mor~ than willing to bring this training program ~ ..... m ~1 Poway retailers free of ch~ge. ~..-~-...,~ .......A ~11 copy of th~ program, including video and I.D training manuals will ,....~ ....... ~. arrive ~ your offices tomorrow morning. If you have any further questions ,~,.~, ........ or concerns, ple~ don't hesitat, to call me at 310/432-8610. "*'*'~" "' '"'"'~' ~..j,q;ncerc~,,' Y'" "'- ...... C~FORN~ GROCER5 ~ ~'~ Vice ~esidem APR 4. 1995 ITEM RESP~)NSIBLE TOelCCO RETAILING Employee Workbook NATIONAL ~ OF APR ,~ 1995 ITEM 4 " ~ m~:~on ............................................................................... 2 Table Id COlittfltl Section 1: I~"ues ...................................................................... 2 Se~on 2: The I~w .................................................................. 5 Sect. ion ~: Tec.~q~es of Tobacco .M,~e'~ .................... 4 Conclusion ................................................................................ 10 .APR '~ 1995 ITEM 4 " I~PON$1B/,~TOSAC~O~AILIN~ EMPLOY~WORI~OOK As a co~Ve~ence s~ore employee ~d ~d 0~. bu~ ~ ~ ~ ~ ~ ~w. Yo~ s~ ~cco ~ ~o ~e ~ s~ple, ~ n~ ~, ~ ~. ap~. ~d ~ ~ ~ ~e ~ n~ ~ ~z ~u ~ ~ ~, ~d rhi~ w~k, ~ ~ you E~IPLOYEZ WO~I~OOK 1995 ITEM ~'$PON$1BLE T'O~CCO RE'fNL/N6 EMPLO~rEE WORI~OOK H~storic~l~,.-, a.nd alcohol produc~ have been ~ed proud, ~ ~e ~o, to~cco ~ws ~ve ~ ~e 1~ ~o~ed. ~o~b~, ~e ~n ~or ~ ~ ~ ~ ~ ~ no~ ~ i~ ~ ~ ~e o~ ac~ ~d ~co~ ~ ~. For ~r ~n, ~ ~!~ do =m p~ce ~ ~u~ ~ on ~e to~cco ~ ~ ~e ~cohol ~o~cco ~. ~ ~t~ ~ ~ o~ Jcb it selli~ ~e ~u~ ~ ~e ~d~ ~e le~ age. ~1~ who ~ to~o ~ ~ ~ ~ to p~ ~ a ~e. I[ ~ am ~ ~ m uphold ~e ~w. ~, ~- S~, ~e ~ ~ ~d~ ~e ~u~ of ~hol ~ who ~ you to b~ ~e ~w. ~ ~ t~ ~u h~ ~o p~o~ ~ ~ job. APR 4 1995 ITEM EMPLOYEE WORI~IOOK L~z~g zo professior~L,~, dc~ ~ zob~cco m,~.~.m~ ~OR 3: ~ou~t ~ ~fle ~o ~e ~ence of ~e a~ you ~o~ ~e. To h~p you ~r ~e ~en~, ~ pm~ ~ ~e~ or not to ~ t~cco ~u~ to a or ~nd-~ ~. R ~ ~ ~e ~~ ~ a p~ ~._. or not a p~bl~ ~: H~ps you a~! ~ ~ p~b]~ ~ ~o~ M ~ ~r ~e t~cco out of ~ ~d ~. A ~ ~r : ~ ~ but ~y. M b f~ :o o~ ~ or ~k. ~P: H~ you ~ ~e s~= ~t S~ ~d ~ ~ ~ ~, m~ ~ v~ or ph~i~ ~, ~ ~c. ~ ~e. 0 ~ for ~e ~t P ~ for ~e d~l~ ~ your ~'s ~t loire ~d , · you n~ to ~ ~.~PR 4 1995 4 RESPONSI~L£ TOi[4CCO RET.41LINfi ENPLOYEE WOR~BOOK So. you c~n see that there i~ a tko. here: Sl~--Helps you de~e.m:gme if there is a probl~-m. lbiAAM~Helps you deal with a problem. STC'P~He!Fs yo',~ ~es.l wi-~ s,~-io~ Let's examine each of thct,~ in more de~Ll. Unlike pu.rc, ha. ses, v,'her~ you m~y ~ the young " c~.~omer approac.ba--'~ ~e beer cooler and then v,~cm8 :owards the sales counter, ~ tobacco p~ ~e initJ. a:ed rig,h: a~ r.he coulater. You have less time to make a dec=~on about u.si.~ SIR s~ your ~ud~ment sicily, v-iL1 be o.?der te~ed. The simple solution to tim problem is to use SIR v.,ith cu~omer. Whe= a c-t~om~ asks for tobacc~ pmd~cr~, 7c~r should ~o up. BuL wha~ should ~u be loolci~ for? 1- ~ D~the l:~'son look to be of pr~b~c~ Th~ i~ no~ ~ ~ s ~ud~mem as ir onc~ ~s. call a~ ~,~,~. The legaJ, age m ~t~ ~:ate ~ (~uw'ac'a:~ ~o .~,~). £ve= ii you ~ l~u ax~ pret~ good ar a~, don't rake the chance. It is ~ not worth ~r ~ome companies ~ that employs-ms check ~he ID of ~uyone who sppe~.~ ~o be u~de~ 25 ~ o/a~, Oth~r~ r~qui~ 50. !~,-,,,~-~b~, y~a mm for upholding the taw a~d comply IX)l~'y-~ot tl~ mz~8~- or the the parki~ lc~ apprc~chin~ cu.~ome= b~fore purchas~ tob~o;o pr~duc[s for ~ h is for you to ~ to the ad~k if you have ~ to believe that he i~ buying the prod~c~ for an underage perso,% If you have quesccr~, l=ove o~ to the n,'"~ are.p, 5. V~ ~ ~ my not apply in your state, but so~e s~ates r~Fure e=~plo?ees :o check the .. of cu~om- ers using tobacco vending machines. Mos~ con'~-~ienc~ s~or~s do nc~ have v~ndin8 equipment, however, if yours does, mzke sure r. bat you uphold [he ]aw. If thc cu.~ome,. approaching the machine appeam to be underage, you mum A R t'~ov¢ on tO the n~'t - R£SPON$181~ TO~4CCO EMPLOYEI~ WOP, KBO0 K -- "P' is for Ioacr~le~ -- If there is any question, you iu.~ shi~ ~to '1' for INTER'v=~. Teclmlql The idc~ i~ :o get ,21¢ customer [o say m few worcLs to you to help y~u mz.ke ~, dec,ion. If ~ou ar~ intereiewing for a~, file facizl e~pre.S~or~, voice trdlcc~ions, or nervousness of r. hc cu~omer ~y fmdicatc ~mt t_hey ate u. ade~ge. If ~ ~ ~ ~o~ ~k for ~ ~ znd ~bo~ conmue ~e m~. * S~ed ~id ~. _ - U.S. (~) - U.S. ~ ~ ~d ~ ~ a ~t ~e ~. Two, ~ ~ p~ ~ ~ ~d ~ ~ue ~e 1, ~ine ~ D~ it ap~ tO ~ve ~ ~e ph~o ~[~ ~e ~ ~ ~e ~ ~ ~ of s~ep~ble fo~ ~ ~ ~ ~ ~ve ~ ~c ~ ~ ~ a~ co ~ o~y ~ a~, ~. You ~r ~ ~e ~ m ~ ~ ~ ~ ~o~er ~ ~ m ~k for a .... fo~ '- of ~ ~e ~ S~ ~ ~ ~ h~ ~ ~. 5. H ~u am ~ ~ ~ub~, you ~ve ~e ~ ~o ~ ~e J~PR4 1995 ri'EM RE~OIV318LE T084CC0 RETA&/N6 EMPLOY~ W0~00K O~h~--Party Sales ~'tim 3: l~ you are imervie~ing for a ~le ~er-p~ ~e, it ~y T~bd~ ~ T~ ~e, ~ ~t ~u ~ ff you sho~ M~ple ~d p~h.~ ~n~ nec~ ~ ~e~ ] You n~- ~ ~ou~ ~on ~ ~e ~e ~ion ~b~ a~ut ~g ~e p~ ~ ~ ~ ~ ~t ~e ~e ~ .... complete ~e ~e. ~ ~ ~o~ b to ~ ~e ~e.. you ~ ~ ~om ~u ~ to ~e ~ ~e, pi~ up ~e ~u~ ~d p~ce ~ out of ~d ~ of ~e ~om~. ~ pmdu~ md 1~. ~e ~ ~ ~ to ~b ~e log, ~d ~ on to ~ ~ ~o~ or ~ du~. ~ ~t b ~ ~s ~h~ ~ ~ ~e ~, ~ ~.) yo= am~. Y~ ~ ~ ~ ~u~ _ - ~m- ~r, you ~ n~ a~g ~ of ~ ~ a~. Yo~ s~p~ ~ot ~e ~e ~c duc to ~ ~ of p~r ~, ~c. ~, to APR '4 1995 ITEM EMPLOYE~ WOF~K~GOK or ph~i~ , ~ ~c. ~y ~ ~1 ~ ~e ~. Yo~ p~ ~~ ~ ~e ~om. You ~ not ~ ~ ~e ~t ~ aot ~ of ~ lob. ~ ~d m ~l ~ you m ~ ~d ~e~ ~ ~: ~7 ~ ~m~n[. ~ of m~d,,~ and APR 1995 D~PLOY~E WI~KBOOK you ~n y~, ~5~ ~: N~. or ~y mto~t~ ~, ~ ~e ~. Now ~ to 1. ~¢hy did ~e ~-~ 2, H~ ~ ~e ~ ~ ~e a~t ~o~? ~. Did ~e 4. Wo~d you ~ ~e ~ ~? on ~pt~ p~g NO~: 1995 ITEM 4 " roB, acco ~PLOYL= WORKBOOK ~ scadi~ Chad h For ~ Final Video Break Not~: - 1. Does your ~y :~e veactin$ machines? 2. If y~s, disc:ms the method the Sa.les Asscx:iate used and how you cca~cI be e:Eecttve La your s~.or~. Nor.~s: ~onclmdon Sellm$ :ob~cco pto4ueu ~ ~ a si~ ~ of ~ ~b. ~ ~. P~bl~ ~ ~m ~o~ a~p~g to p~ t~cco ~e~ ~ ~ f~ but, it b ~ to ~e a ~e. Us~ ~e t~qu~ ~ ~ pm~ ~ h~p you ~s ~ ~ e~ ~e~ PR 4 1995 4 "'~, ' 10