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