Item 5 - Ordinance Ammnd 95 Regulation of the Sale of Tobacco Products AGL qDA REPORT SUMI -ARY
TO: Honorable Mayor and Members of the City Council
,:ROM: James L. Bowersox, City Ma
INITIATED BY: John O. Fitch, Assistant City Manager£~~ ~
Reba Wright-Quastler, Director of Plan~ing Services
Pam Gravel, Management Analyst~FJ~
DATE: May g, 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 report presents a draft ordinance relating to the regulation of tobacco products.
The ordinance would preclude self-service sales. The ordinance was originally
scheduled for April 4, 1995/was continued to May g, 1995 at the request of the Chamber
of Commerce and with a request for additional information for the Council.
ENVIRONMENTAL REVIEW
This informational report is not subject to CEQA.
FISCAL IMPACT
None. Previous staff report identified a possible loss of sales tax revenue from a
decrease in sales of tobacco products.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was mailed to the California Grocers Association, California
Business & Restaurant Alliance, Project T.R.U.S.T. and the Poway Chamber of Commerce.
RECOMMENDATION
It is recommended that the City Council hold first reading and continue the public
hearing to May 23, 1995 for second reading.
ACTION
e:\city\planning\report\revtobl.sum
MAY 9 1995 ITEM 5 "'
1 of 34~
· 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(])~~ ~,~ ~
Reba Wright-Quastler, Director of Planing Services ~
Pam Gravel, Management Analyst~_~,
DATE: May 9,1995
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
Staff was directed to schedule an ordinance regulating the display of tobacco
products for Public Hearing and on April 4, 1995 it was continued to the May
9, 1995 at the request of the Chamber of Commerce and with additional
information requested by Council. The following provides additional
information in response to these requests.
FINDINGS
Ordinances that ban self-service of tobacco products are found both within the
State of California as well as in five other states. Currently in California,
there are 25 other Cities or Counties that have ordinances that ban self-
service displays. Palo Alto, a city with a residential population of 56,000
has had a ban against self-service displays since 1991. They report while
some initial resistance was demonstrated, retailers have noted that requiring
vendor-assisted sales for tobacco products has resulted in a decrease in
product loss through theft and no noticeable change in tobacco sales.
Several surveys have been completed using decoys to purchase tobacco from
retailers, however only two of the surveys has been designed specifically to
test how many teens were able to purchase tobacco products from self-service
displays verses vendor-assisted sales.
Marianne Wildey of Project T.R.U.S.T. completed a study in the City of E1
Cajon in May 1994. After retailers had received education on the current laws
regarding tobacco sales to minors, 93 retailers were targeted to determine how
effective merchant education worked as a deterrent to selling tobacco products
to minors. In stores where tobacco products were found both in a
ACTION:
2 of 34 MAY 9 1995 ITEM
Agenda Report
May 9, 1995
Page 2
self-service site and a vendor-assisted site, minors were able to purchase
tobacco products 1 in 3 times or a 33 percent purchase rate. In stores that
had vendor-assisted sales only, minors were only able to purchase tobacco
products ! in 8 times. Stores that only had self-service of tobacco products
were not tested as there were too few to study. Dr. Jean Forster of the
University of Minnesota studied retailers that had not received tobacco
education and her test results showed a trend similar to the Project
T.R.U.S.T. data.
While retailers have several concerns including security, loss of revenue and
cost of tenant improvements, a survey of the retailers that had sent letters
of protest to the City resulted in the following. Of the six retailers, one
appears to be in compliance with the proposed ordinance, one retailer has most
of their tobacco products in a display case and would only have to turn the
locks already in place, and another only needs to move the racks of tobacco
off of the ice cream cases and counter and place it on the existing shelves
that are located behind the sales counter. The three other retailers have
varying amounts of changes that would need to be made in order to be in
compliance. The two stores that are closest to being in compliance with the
proposed ordinance also have advertising displayed prominently on their
tobacco display cases or behind the counter where the tobacco products are
kept.
Random visits to four other retailers who did not send in letters of complaint
show that out of four stores visited, one would be in compliance if they
locked the cases their tobacco products were kept in, two others had to
relocate their tobacco products onto already existing shelves located behind
their counters, and one would need to make some modifications to their
existing counter area.
ENVIRONMENTAL REVIEW
This informational report is not subject to CEQA.
FISCAL IMPACT
None. Previous staff report identified a possible loss of sales tax from a
decrease in sales of tobacco products.
PUBLIC NOTIFICATION AND CORRESPONDENCE
A copy of this report was mailed to the California Grocers Association,
California Business & Restaurant Alliance, Project T.R.U.S.T. and the Poway
Chamber of Commerce.
RECOMMENDATION
It is recommended that the City Council hold first reading and continue the
public hearing to May 23, 1995 for second reading.
JLB:RWQ:PGG:kls
Attachment: A) April 4, 1995 Staff Report
B) Tobacco Product Placement and Sales To Minors
3 of 34 ~y 9 ~ ~
TO: Honorable Mayor and Members of the City Council
Reba i a r g Services~t~(~
Pam Gravel, Management Analyst
DATE: April 4, 1995
SUBJECT: Ordinance ~endment 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 ~he 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 noticing 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 Continued first reading to(Ma~/~, 1995,at~.~reqp~_t of Chamber of Commerce, 4-0,
Councilmember Emery absent.~f~ ~::~i~~
Marie Lofton, Deputy City Clerk
AGENDA REPORT
CITY OF PO WAY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Manag~ ,^
INITIATED BY: John D. Fitch, Assistant City Manage~~
Reba Wright-Quastler, Director of Planning Services~
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
ACTION:
5 of 34 APR 4 19% IT. EM
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 and 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 IMPACT
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~eport Meeting with T.R.U.S.T.
C) 1994 Tobacco Retailer Youth Purchase Survey Results
D) Correspondence
E:\C[TY\PLANNING\REP~RT\EEVTOS.AGN
AAY 9 1995 ITEM
6 34 APR 4 1995 ITEM
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AODING CHAPTER 8.05 TO TITLE 8 OF THE POWAY MUNICIPAL CODE
RELATING TO 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
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 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 co~nitted 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.
H. "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 (I/4") high.
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 ~roduct
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.
ITEM 5 '
APR A 1995 ITEM .,
9 of 34
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 I995, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
E:\C~TY\PLANN~NG\REPORT\REVTO6.0RD
IAY 9 1995 ITEM
APR A 1995 ITEM
10 of 34
AGENDA REPORT SUM:MARY
Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Mana']i~
INITIATED BY: John D. Fitch, Assistant City Manage )~j~~ Reba Wright-Quastler, Director of PlanNing 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 signase
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 CORRESPONDENCE
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 lS~S ITEM
11 of 34 Attachment B sE? 2 7 ~394 ITEM
AGENDA REPORT
CITY OF POWAY <~>~
TO: Honorable Mayor and Members of the City CounciI
FROM: James L, Bowersox, City Man~
Reba Wright-Ouastler, Oirector of Plannqng Services
OATE: September 27, !994
SUBJECT: Meeting with Project T.R~U.S.T. (Teens and Retailers United
to Stop Tobacco),
BACKGROUND
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 levied against cigarette smokers with
the passage of Proposition 99. This revenue has been used to fund studies that
further the knowledge abou(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 Ealifornia 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:
1A¥ 9 ITEM
12 of 34
Agenda Report
September 27, t994
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 I4, 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; h'owever, 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
~nstitute on Orug 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 gO% of adult smokers began before the age of 19 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.
995 ITEM
13 of 34 SE2 2 ? 994 Il'EM
Agenda Report
September 27, 1994
Page 3
FISCAL IMPACTS
None.
PUBLIC NOTIFICATION AND CORRESPONDENCE
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.
JLB:RWQ:PGG:kls
Attachment: Draft Ordinance
E:\CITY\PLANNING\REPORT\TOS.AGN
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
RELATING 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
addictixe 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 OOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. 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
8.05.030 Regulating the sale of Tobacco Products
8.05.040 Non-Retaliation
8.05.050 Other Applicable Laws
8.05.060 Violation, Enforcement and Penalties
15 of 34 APR & 1995 ITEM
SE? 2 7 1994 i[EM
Ordinance No.
Page 2
8.05.010 Purpose. The City Council does hereby find that substantial scientific
evidence exists tha~ 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 CouQcil 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 age 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 this chapter, the following words are
defined:
A. "Bar" means any enclosed place with dire~t 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.
O. "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 Ls 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..
IA¥ 19 5
16 of 34 APR & 1995 ITEM
5EP27~94 ITEM
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.
8.051030 ~equla[inq the Sate of Tobacco to Protect Minors.
A. Any person, business, tobacco retailer or other establishment subject
to this ordinance shall post plainly visible sign~ at the point of purchase of
tobacco products which state "THE SALE OF TOBA£CO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED 8Y LAW. PHOTO ID ~S REQUIRED TO PURCHASE
TOBACCO". The letters of these signs shall be at least one quarter inch (1/4")
high.
8. 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 identificatio~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 unlawfu~r~ for any person, business, or tobacco retailer to
sell, permit to be sold,~of~er~or sa!e,or.display for sale any.tobacco.produc~
b~ means of self-service m6rthandisi~ or by means other than vendor-assisted
sales.
D. N~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 i~s premises any vending machi~e..fo~r the purposes of selling
or distributing any tobac~ product. In bars, lounges and similar establishment~
where ~he primary business is the sale of-alcoholic beverages for the consump%io~
on the premise~and which require al~l occupants to be 21 years of~age or'.o~de~?
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.
9 1995 ITEM 5
APR ,~ 1995 ITEM
sE? ? 94 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 affe£t
other Provisions or apptications 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: COUNCILMEMSERS:
ABSENT: COUNCILMEMSERS:
Don Higginson, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk
1A¥ 9 19 5 II'EM
ITEM
Tobacco ~,etatler Youth Purchase Survey )~eS~J]ts
Tobacco Control Section
California Department of Healt~ Services
The Tobacco Retailvr Youth Purchase Survey was conducted between April 15, 1994
and Ma)' 15, 1994. The purpose of the survey was tu document the problem of
tobacco sale~ to minors in California. Survey results were released at several
press conFerer, c~s h~id throughout the State on May 26, !99~. Following is a
discussion of the survey methodology and results.
Survey ~ethodo]o.q.x
In I994, the Tobacco Control Section (TCS) coordinated the Tobacco Retailer
Youth Purchase Survey. Surveys were conducted in 23 of the Stmte's 58 counties,
which covered 8 regions of the State.
Participants in the Tobacco Retailer Youth Purchase Survey self-selected
communities within counties to be surveyed. Lists of tobacco retailers were
developed from telephone books, business directories, lists provided by vending
machine operators, and knowledge of the community. From these lists,
participants were directed to develop a r~ndom 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 t~e Tobacco Retailer
Youth Purchase Survey was designed, a State Appellate Court struck down a common
police pratt;ce of sending und~r~ge 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 [Proviqo Corporation vs. Alcohgllc~Control
Appeals Bo__a£_ql (1993} IZ Cal. App. 4th 1205]. Legal counsel for the D~partment
indicated that the Prgviqo ease r~ised issues regarding the legality of underage
decoy purchases of tobacco, and advised TCS to use purchase attempts. The
?Fgviqg case was subsequently heard by the Califerni~ State Supreme Court, and
overturned in ~pril 199~, 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, restauran;, 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
10. sale (was the purchase attempt successful Y/N)
19 of 34 Attachment C APR 1 lSgS ITEM
ll. availability of single cigarette sales
12. posting of the California Penal Code Section 308 (youth access law)
post of a warning sign such a~, "We Check ID,"
Data-quality controls in the campaign included providing a comprehensive "how-to"
manuaI, a slx-hour traln-Lhe-trainer training, and ongoing technical assistance
through frequent telephone conference calls and mailings between February 1994
and June 1994.
Survey Re~ult~
The chi-square test was used to determine if there were differences in the Duy
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 407 youth. The survey included youth
tobacco purchase attempts at 1,775 over-the-counter outlets and
I00 cigarette vending machines. The over-the-counter s~les rate was
52.] percent, and the vending machine sales rate was SS percent.
By ~egion, the over-the-counter attempted sales r~te ranged from
18.9 percent ~n the North Coast R~g~on to 61.5 percent in the
Cen~ra~ 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 ~re
~s follows:
North Coast 18~g perc~n~
Gold Country 39.1 percent
Tri-County 40.0 percent
Tri--County South 57.5 percent
Bay Area 58.7 percent
Los Angeles 5g.o percent
Central Coast 61.0 percent
C~ntr~l Valley 61.5 percent
2. Success Rates by Age ~nd Gender
The successful purchase attempt rate varied by age. Minors 15 to 17 years
oi~ w~re significantly more successful in their attempts to purchase
tobacco than those who were 13 to la years old (P<O.01). There were no
significant differences in the buy rate for male (52.8 percent) versus
female (50.4 percent) minors.
_3. Purchase ~ttempts by Establishment Type and Loc~tton of Tobacco in Outlet
The type of retail outlets surveyed were: grocery stores, gas/convenience
stores, liquor stores, convenience stores, drug stores/pharmacies, gas
stations only, restaurants; and other which ~ncluded hotels, motels, and
bowling ~lleys. Product placement was assessed as to whether it w~s
behind the counter or placed in self-service displays In front of
the counter.
The buy rate varied s~gnificantly across the different type of retail
outlets (P<0.01). The retailer type most willing to sell tobacco to a
minor was the gas statIon ~ategory with 67.2 percent of purchase attemptq
successful, The retailer type least likely to sell tobacco to a minor was
the drug store/ph~rm~cy category with 34 percent willing to sell tobacco
to a minor. The buy rate by retail type was as follow~
Gas stations 67.2 percent
Liquor stores 63.9 percent
Other 63.8 percent
Restaurants 57.9 percent
Convenience stores 54.6 percent
Gas/convenience stores 48,9 percent
Grocery stores 44.9 percent
Drug store/pharmacy 34,0 percent
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 tobaccu products located behind the counter was ~2.g percent and
48.7 percent for in-front-of-the-counter.
4. Age and Gender of the Clerk
Clerks ~ged 40 y~rs and ~lnder 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 clgarel, tes to minor~ than female clerks (POD_01); 58 percent versus
44.5 percent, respectively.
5. Posting of Signs'
Californi~ l~w requires that retailers post a copy of Penal Code
Section 308, the law that prohibits the sale of tobacco to minors. A copy
of Penal Code SeEtion 308 was posted in only 12 percent of all retailers
surveyed. The percentage that displayed a copy of the law ranged ~rnm
3 ~eFcont 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 possiDle tn~t the taw was posted in an area
inaccessible to the volunteers.
The overall percentage of stores that posted a warning sign (such as "We
Check II)") was 23 percent, and was uniformly low across all outlet types.
The percentage was highest for drug store/pharmacies (2T percent) and
lowest for restaurants (17 percent).
6. Single Cigarette Sales
Calilorpia law prohibits the sale of individual cigarettes. Overall.
single cigarettes were available for sale at six (6) percent of the
reta;lers sampled. By 6ar, more liquor stores (12 percent) had single
cigarettes available for sale than any other outlet type. The
Los Angeles (lO 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 (L6 percent). Tulare (13 percent), Riverside (10 percent), and
San Bernar~lno (10 percent) had the highest percentage of stores that had
single cigarettes available for sale.
February 24, 1995
. City Council
City of Poway
13325 Civic Center Drive
Paway, CA 92064
Re: Vons Store #349
13438 Poway Road
Pow~y, 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 to 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 wouId
_ 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 [eave 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 white
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 thelaw
and will be prosecuted.
Vons is dedicated to enforcing our policy regarding prosecutton 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 i~IAY 9 1995
February 13, I995
Ci Counci RFCEIVF_D
City of Poway '-
13325 Civic Center Drive
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 would restrict our ability to use self-sen'ice
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 checkstand due t6
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 tkrough 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 viotation 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 serYe to
achieve the desired goal, but will increase all retailers' operating costs.
We respectfully ask for your help in removing the ban on tobacco seff-ser'v~ce displays from the proposed
ordinance.
Very. truly yours,
Diboc. t. efof Public Relations
and Governmental Affairs
24 of 34 L. Bowersox, City Manager ]~IAY 9 1995 I'~' .. ~
_ ravel, Management Analyst, Planning Department APR 4 1995 ]T_~iV/ 4
FcbrCan/25, 1995
RECEIVED
The HoncrabI¢ City Counci~members
City afPoway rtt:i 2 8
13325 C~v~c Cen~er Dnve
Powa}, CA 92064 C[~ OF POWAY
CI~ MANAGERS OFFICE
De~r Honorable Mayor ~d Councilm~mbcrs:
As a retai]=r in the City of Poway, we share your concerns regardin~ s~c, rcspon~ib[=
s~es of tobacco products and are c~nain[y aw~-~ of our stores' obS~afion [o uph~ld the
laws of~s stare In fac% we consi~ently work with our clerks to ensure that they
understand the roles and re~lations pertaining ~o sales of tobacco products.
We are ve~ concerned about an ordinance mrrently being dlscuss=d w~ch would restrict
our ability to use self-semite merchandising displays for tobacco products. ?-Eleven
Stores We been opiating in the City of Poway for tomy ye~s. not o~y ~ n~ghborhood
'- sm~l goceW stores, but also as good employers for many Poway r~Ments. A ban on
~obacco self-semce dlsp~ys will cause us to lose our m~chandising rebate fees w~ch will
adversely affe~ stor~ re.hUe. During di~cult econo~c times such ms lhese the
stores ~ot afford to lose revenue while other stores m San Diego county ~ill be
allowed to continue to use self-se~ice displays. T~s would put our stores in an u~air
position
.~ responsible members of your commu~:y, we urg2 the Po~y City Council to remove
the ban on tobacco self-se~ic= displays from ~he proposed ordinance ~d work with the
Poway R~ailers Io instead co.eot any problems ~th tobacco by training or education
Smcerely,
~6an Wilson
Diws~on Gove~mt .~airs Specia~st
]W/bg
c 3ames L, Bowersox, Ciw Mamger
7-~leve~ Stores / Greater Los Angeles Divis,on
~20 S State College Blvd. / Suile 2001 P.O. 8o~ 2245/ Brea. CA 92622-~45 / Phone (Y14)
MAY 9 1995
25 o~ 34 ~ APR & 1995
March 15, 1995
Golden State Gasoline, Inc.
13394 Poway Road
Poway, CA 92041
Proposed Ban on Tobacco Self Service 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 would not only create a financial loss
in merchandising fees, but ~tlso create a handibap for our retail sales·
As a responsible tobacco retailer we wish you would vote no to the proposed ban.
Sincerely,
YoFanda Gilliland
Mgr. Golden State Gasoline, Inc.
~.6 oE 3z~ i'~IAY 9 1995
DISTRI B :UTE '
California Grocers Association
September ~, 1994
· r ...... Mr. James L. Bowersox
Ci~ M~nager
: ~ .... 13325 CN~c Center Drive
; ~ ............. Poway, CA 92064
,~,...,~,,,~ De~ Mr. Bowersox:
: .... ~ank you for t~ng the time :o speak ~th me reg~di~ the proposed
...... ordinance which would regulate the display of tobacco products.
.... The California Grocers ~sodarion represents more than ' ~','
~,u~Ju members
,' including the major chain stores, ~dependenr retailers, neighborhood
., "mom and pop" stores. In Poway, we represent Vons,_ucky s, Albertson s, 7-
.-..~, ,~ ........ 1 [ and m~y smaUer independen~ terriers. CGA's southern California office
........ ~orks with local gover~enr and loc~ fetal ~ocers to help 0e~elop pu~Uc
.......... p¢licy which assBt~ both the private and t~e public sectors in attaining mutual
: . '~;"~ '; ........ If we a~ agree that the goal of the propesed ordin~ce is to reduce sal~s to
?,: L ;.; ....... ~nors. then we have several ophom whkh would hetp accomplish this goal.
.... ~ ..... CGA hopes that the ci~ will co~der a step-by-step approach
~: ,,~. ........ reduction of s~e~ to ~ors - an approach in whch we can play a sig~ficam
........ liaison role be~een our members, the ci~ of Poway and the orga~tion
· -:,~, Teens and Ret~lers Un/red to Stop Tobacco (~UST). We b~t~cvc that if
.......... ~ ............... we work together we can have a sigmf~cant impact
'~ ........ " minors
,,~::?,?~ .......... .. ~ere is much liter~[ure and rese~ch done reg~d~g illegal tobacco sales
~ ...... , minors. ~le a~ me.ods have been sho~ to reduce sales to ~aors, not
/'-, ~;..,~ ..... all have been sho~ to be h~ess to the b~iness co~u~ty. Specifically,
..... eli~nation of self-semite c~gareue rac~ ~11 prox4de a s~gn2ic~t fin~c~M
..... ~ ................hardship on m~y retail operators.
If rcta~ers ~e nolonger able to use cigarette rac~ to encourag~ sales as well
as obtain s[orti~ allowances, the amount ef m~ney lost ~1[ be significant.
T'ne sigmficance of this financial burden does differ from store to store, but
overali it amounts to the elimination of one pa`ri-time employee per retail
outlet. Additionally, stores in areas ju.st outside Poway v, ill continue to usc
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" surveillaz',ce. This coupled with an intense public awareness
campaign has proven to sigNficantly reduce sates to minors.
In conclusion, bec'~u~c grocers are az h~tegral part of the community,, we
would be most grateful if you would give us the opportunity to work w~th the
city in uhe development of a program 'which would reduce the illegal tobacco
sales to minors. Together, we can make a difference.
Tacrefore, we respect~,:ily request that item number 8 c,n Counci! Agenda for
September 27, 1994 be postponed to give COA an opportunity to
you on this most difficult problem.
If you have any further questions or com.ments, plea. se don't hesitate to call
me at 310/432-8610.
Sincerely,
CAJ_IFORNL~. GROCERS ASSOCLA. TION
BETH BEEM. AN -
Director of City/County
Governmental Relations
i994 ITEIkI 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
In Poway.
Address ~;45§. ~D°w=.~ ~'/~' '~"['~ ~
Name ~~
~;lgnatu e --
·
29 of 34 1~/1,¥ D
APR 4:1995
WE NEED YOUR HELP!
Please oppose any efforts to prohibit self-service displays of
t~bacco products.
Now Is not the time to take any action that might harm businesses
in Poway.
8~s~ness
Name
Address
,'.o.e
Name ~_
Signature ~ -- --
30 of 34 I~IAY 9 1995 IT~-M 5
.APR 4 1995 :Tg~b5 -~,
WE NEED YOUR HELP!
Please ~oppose. any efforts to prohibit self.service displays of
Now is not the time to take any action that might harm businesses
in Poway.
Business Name
Address ~..
Phone -
~_Nar,, VOl ~_~0~ ,_%?.~,5 ,, ~ ~. n
Signature ~
3Z of 34 APR ~1 1~5 IT~~'] ~'
Cali£or fia Grocers Association .. .........
March 29, 1995
~ oe ou-,~:~ The Honorable Don Hi~iaso~ Jr.
~ Mayor, Ci~ of Poway VIA F~
Ci~ H~i
, .......... 133~ CMc Center Drive
,.,.., ~ ............ Poway, ~ 920~
........ ~" Dc~ Mayor ~d Councilmembers:
' ..... ~is letter is ~ response to item number ~ on the City Countd agenda for
, .......... April 4, 1995, a proposed ordinate which would to restric~ tl~c ~sc of self-
.............. se~Sce displays for tobacco products.
~ ~e C~iforma Grocers ~sociation (CGA) remains ve~ muc~ %q~osed to
....................... re.lotions wNch restrict the abili~ of responsible retmlers to use self-~e~Sce
-..-,=,' ...... displays for tobacco produc~s. ~is resthction effrcfivd7 reqmres that
:[7ZY ..... ,,.,, ,., retailers either lock up or keep tobacco products behind thc checkstand
,, ........... coun:er. Spec,.ca,,),
, ........... purch~ed.
, ........... Not uffiike shelf space rebates given by potato chip and soda pop cc,mpanies,
stores receive monet.' allow~ces for certain
,,,., ,,..~ .... proposed ordinance MI1 cause retailers to lose these payments at an average
.................... rate of $4500 per store per year,
,- ..... , ............. ~c fact is that in today's economy, these allowances have becornt ,m m~egral
, ......... = .... parr of many store's ability to operate in a profitaDle ma~cr. With retail
~ .......... ~"" profits in Poway already sa~ing, the danger of ba~ptm' looms as a reality
"~ ................ .... for m~v small stores and any Coundl action which adverse[7 affects the
~;'~%,"" bottom line ~11 be felt either by the consumer in the form of' higher prices,
~'~' ....... or by the store emolovees in the form of layoffs. In short, at Iraq 20 jobs
.............. could disappe~ ou~ of the Poway economy and the cost of living will most
~,,~,.~ ~ ........ cert~ffiy increase.
"~'"'"' ~"" Please ~ow that we are veu concerned about illegal tobacc,* ~ales to minors
....... ~ ............. and as members of the commum~ we share many of your concerns regurdinE
...................... safe, responsible sales of tobacco products. In fact, we have atways take an
'.'i,~'Z?: ......... pro-active stance on this issue. ~st year CGA success~lly sponsored
........ :~ ~ legislation which now requires the Dep~tment of Motor Velucles to color
smpe driver's ticemes so that retailers can easily deter~ne if a customer is
legMly able to purchase tobacco products. Addmonally. we ~lly support the
removM of cigarette vending machines because of easy access to minors.
MAY 919~5 !~
32 o~ 34 APR
But, while vending machines offer easy access to minors, self. service d~splays
do not. For example, in recent research conducted in Santa Barbara Counu
there was no significant difference between the Lllegal sal~
i2r~ducts from self-service or vendor ~sisted sales. And, the ::at,,ma; experts
on tobacco issues, the Center for Disease Control (CDC) Office on Smoking
i.~ Atlanta. echoes this sentiment and is unaware of any published research
reg~ding self-soD'ice displays and illegal sales to rmnors.
However. it has been validated that strong erfforcemem programs do act as
a deterrent for illegal tobacco sales. The California State Legislature
concurred and has pa~sed a new law which will become effective oa Jul> 1,
1.995 of this year. This taw. the Stop Tobacco Access to Kids Enforccmem Act
(STAKE) requires the state Departmem of Health Services to develop a
program to reduce the availabiU~ of tobacco products to n.m,ts. The
program must include random, on-site inspections at retail sites a~i~,g 15 and
16 year olds. Additionally, this new la~u increases the penaI,i_'s which may be
assessed vendor's who illegally sell to minors from $200 at a Lr,t offense to
over 56000 for the fifth offense.
The new law offers localities additiona: tools :o erZorce :~c :.z,;. ~: is ~Xe8~]
to sell tobacco products to anyone under the age of 18, ~egardtc';~ of where
thc product is displayed ia a store. Anyone who illegally sells shuuld be
prosecuted to the full extent of the law. Retailers who do not sell to minors
should not be prosecuted in the form of addition, al regulanu,~., which ,x. il[ have
little or no effec~ on the problem at hand.
It is w~th this in mind that we respectfully urge the coanci[ to oppose any
efforts to 5a~ self. service displays for tobacco products in the c~ry of Poway.
Thank you for your time and kind consideration. If you have ,[~rther quesrmn.~,
I can be reached at 3i0/432-8610.
Sincerely,
CAL!FORN!A GROCERS ASSOCL~TION
BETH BEEMAN
Vice President
Local Government
33 o~ 34 APR ~ 1995 ITEM
·
·
·
·
·
APR ~ 1995 ITEM
34 of 34
Teens a~d Re~a~'l~rs Un~d to $~o9 Tobacco
Tobacco Product Placement & Sales to Minors
How are the they related?
Backqrovnd
Cigarette sales to minors is a serious problem. A large number of public health researchers and
community health workers h.ave de,cumented the ease by which children access cigarettes.
C. ommunity survey~ nationwide indicate on average 2 out of 3 retailers are willing to sell
c~garettes to persons under the age of 18 (and vending machine sales average 88%),
Many programs have worked to reduce illegal tobacco sales by conducting merchant and
community education. Even after education, however, 1 in 3 retailers still sell to minors.
Tobacco control experts believe that regular enforcement of current sales laws would
significantly reduce tobacco sales to minors. It is an unfortunate fact that most communities lack
the necessary law enforcement resources to actively monitory compliance with sales taws.
Communities are now opting to enact of local (and state) legislation to limit youth access to
tobacco. Standard provisions have included:
licensing tobacco retailers banning or restricting vending machines
· banning sale of single cigarettes · requiring point of purchase warning signs
· banning distribution of free samples '
A ban on self-service tobacco displays has recently been identified as another important Policy
provision to curb illegal tobacco sales. Such a ban requires all tobacco products and tobacco
._ displays be located behind the sales counter or in locked cases.
Unlike the other policy provisions, very little scientific research has been done to evaluate the
impact of a self-service display ban on saJes to minors. However, strong anecdotal evidence
from the field has prompted researchers to begin conducting such evaluations.
Research Study ResCt~
Two studies, though yet to be published, have been conducted by researchers at San Diego
State University and the University of Minnesota to examine the relationship between tobacco
product placement and sales to minors. While the U of Minn assessment was conducted prior to
education of stores, and the SDSU assessment after education, both studies found that
STORES WHICH LOCKED UP ALL TOBACCO PRODUCTS WERE SIGNIFICANTLY LE~
-LIKELY TO SELL TO MINORS.
% Sales to minor~
Store environment untrained stores trained stores
(N=494} (N=93)
ALL tobacco locked up/behind counter 28.5 12.8
NOT al~ tobacco locked up/behind counter 41.3 33.3
Discussion
Why does restricting tobacco product placement reduce sales to minors? Locking up the
-- product may serve as a strong reminder for salesclerks that tobacco is an age-restricted product.
^ "closed" store setting requires customer assistance for everytobacco sale, giving salesclerks
the pedect opportunity to check the ID of young tobacco purchasers, The SDSU study found
that when ID was checked, sales were refused 97% of the time.
34a of 34 Attachment B IAY 9 4995 ITENI
BO. BOX 25148, tAN DI£GO. CALIFORNIA 921984)148
Each Year, Merchants illegally sell $1.26 billion in
tobacco products to minors. Profit = $221 million.
Minors can purchase tobacco 70 to 80% of the time
over the counter and 80 to 100% of the time through
vending machines.
Tobacco addiction is a childhood disease. If tobacco
is not tried until past 18, addiction rate is less than 2%.
75% of adolescents will have tried tobacco by age 17.
First use: 25% of 6th graders, 50% of 8th graders, 75%
of 9th graders, 94% of 11th graders. (of 75% who tried)
26% of frequent tobacco users will become addicted
adults.
Recent evidence is that secondary smoke is more
dangerous for the non"smoker than the smoker.
In 1992, over $200 billion was spent on tobacco related
health costs.
Four of the five leading causes of death are tobacco
related.
~AY 9 1995 ITEM 5
SIGNIFICANCE FOR POWAY YOUTH
29,000 Students in Poway Unified School District
40% (or i i ,600) are from the City of Poway
25% will become addicted at present levels. They will live an
average of 7.4 years less for a total of 21,600 lost years.
Poway children will spend $1.16 million on tobacco related
health costs.
Cigarettes are a proven "gateway" drug: 74.4% of smokers drink vs 23%
Smokers are 17 times more likely to use marijuana
Smokers are more than twice as likely to carry a gun,
knife or club
80% of smokers had sexual intercourse, compared to
41.4% of non-smokers.
~AY 9 1995 ITEM 5 ~,"
APR 17 'g5 10:$6 DWWS I ~ILOT P.16
Marketing Kit * Information Sheet
TeEND$ IN TOBACCO USE AMONG YOUTH
~ ~m0~.~
USE oF Toe,cco, ~co~ob ANO ~H~ IL~~ DRU~S ~O YO~
o~g~h01 0r ~ ~
r~ I~RY9 1995 ITEM:5 "
APR 17 ~95 10:S? DHHS ~ILOT-
P.I?
REFERENCES
1. P~ ~, l=t~ MC. NommY TL ~ g, Tmr. d~ ia ~ Sn~
1 ~ Vel, 1. ~-: M~ U.S. ~ ~H~ ~ H~ ~ P~ H~ ~ N~
~ ~ H~ ~ 1~ ~~m~ S~ ~. ~1).
g. ~ I~oa D~ ~.S~ ~ ~ D~~ ~~ $''~' .
December 1993
use
By PHIUP J. HILTS
New York Time~ News Semite
· 'WAS~GTd~
~d y~t~y ~t 'mske~ ~'~
~ol, a ~-re~ m~
~d ~e Bd~ M~
counted for about 84 percent of,
snuff sales in the United States.
The company's chief brands are s ,
Skoal and Copenhagen. :: ' -' '-
Alan 'Hilbttrg, a spokesman for ~ .
the Smokeless Tobacco Council,
· whichrepresentssnuffandchewing : .
tobacco makers, said assertions ~11111~fs
that the companies mnpipulated
nicotine to hook young users were
wrong. 'Nq one in-the industry
hnder '18 years old," he ~ald~ 9'-~ ; · r
The U.S. Tobacco Company;'a ', :,,' . '
division of UST Inc. denounced the million users in this country, includ- then, he
irlicles as ~dse and misleading.~* 'i ~ng 1.mflll.o.~ to 2.mill_Jun ~ ~om ! .,have,~ .made~
It said in a statement that other 12 to 17, said Dr. Scott L. Tomar of :snuff and
factors, besides varying the amount the Centers for Disease Control campaign to take a
,of avalisble~ nicotine, were also ira- and Preven,lic$, ,~in A=t]~n, ~a. , : :i.,
p°rtant in dete~mln;~ ho~r inUch ~'' Ifi1970;~s'~aid;a~l'h~st nil users The new
nicotine a user got. It said chemical, were older men. But since' then, the mnnipulalioi~ bf
biological and behavioral factors number of snuff users has increased .wsnthemnln
phyedsnimporiimt role. ~reafly, and mo~t of the increase the nicoline?~
Using snuff, tobacco that is suck- has been among youn~ people, in- only a
ed on rather than chewed, causes duding some teen-age girls, present in
an increase in tongue, mouth and Dr..Jack E. H~nnln~field, cinefof absorbed, while
~':threat cancers, as well as loss of clinical pharmacology in the Addic- cally bound.
gums and teeth, said Dr. Randolph lion Research Center of the Nation- amount of nicotine
Smoak, a trustee of the American al Institute on Drug Abuse, said sorbed '
Medical Association. that in 1970 the market for snuff
About 30,000 such cancers are was declining and few young people made.ffatarter'
: reported each year in this country, were willing to start osillg it, Ivninly called Skoal Cherry,
causing about 10,000 deaths, because snuff was too strong, con- ffreen and Sk6al Bandits
The market for snuff has tripled raining so much nicotine that first- have high acidity
~ in the past two decades, toabout7 time users often got sick. Since /reenicotine.
IAY 9 1995
Survey of teen-agers' use of ille-
gal drugs shows that the in-
director attributed to "glamoriz- drug in the last year, compared
ing' of drugs by the entertain- with 9.2 percent who ~ave that
response a year ago, and 7.2 per-
ment industry.
The survey of nearly 50,000 cent in 1992.
students from 420 pubhc and pri- ' The study also found that stu-
rate high schools nationwide, dents in each of those grades,
which was made public yester- which are surveyed each year for
day, found that one in four hig. h comparison purposes, reported
school sophomores and one m u!ing cocaine, crack, hallucino-
three seniors said ,they had genic drugs, heroin and stimu-
smoked marijuana at l~ast once lants at least 6nce in the last year
, within the last year. Those fig- at marginally higher rates for a
centage points among the lOth- . ,
graders and an increase,~f four ~
percentage pmnts among~e ,: ~ KNiOHT.~IDDER
Teens -
Officials fear drug Use
iS p rce[¥ed as 'trendy'
Gontinuod from A-1
Still, th~ 1
were below those found in the late'
1970s and early '80s. Between
1976 and 1987, the survey I~ound
that more than half of Itigh school
seniors repo'rted using
least once. ' i ': ~.;~4'~!!~'
Dr. Lloyd' D. Johnst0n;'~ e
survey's chief inve.st!gator, s~idthe ,'
upward trend in recent ;Year$ re--:
flected various factors, incinding:~ . ·
peer pressure and a relaxation Of.. 'Leading the fight: Donna 'Shalala, secretary o/Health and
effort s by major anti-drug o~ganiza- Human Services, and Lee Brown, directorofthe °ffice °/
tions, like'the National partnership National Drug Control PoliCY,: attend a news conference
for a Drug-Free America. But John- rd, ay
stun also attributed the increases to yeste to discuss results o/ a 'new study on teen drug use.
constant reminders in music and
films that using drugs is acceptable, terday about the study with Educa- Use into the ~arly 1980s, tho~
· Carole Robinson,'a senior vice
president at MTV, said that while tion Secretary Richard W..Riley gradual tapering through 1992.:
she could not sl~eak for the indus- and Lee P. Brown, director .of the At that point, the rates be
try, the music video network had office of National Drug Control Poi- lit/creasing again, refl~ec~.~g a.pe.r
icy, praised teeo-agers who have in WhichJohnstonsaid, the glamo~
~very strict standards,' and that its refused to use drugs ' izin~ of drug use was defmitely~_._~
~Uidelines called -for programming ' "Nonetheless,' shl .said, ~this ing. . . . . .
that did not"promote, glamorize, or study confirms tha( we are losing The pos~Uve unages o! urug
show as socially acceptable the use
of illegal drugs or the abuse of legal some of the precious ground we had he said, were reflected 'in
drugs.' .. I gained. Too many teens are buying spunse to a question asked of.
The Partnership for a Drug-Free the deadly message that drug use is teen-agers -- whether
Teen smokerS prone to risky life
Study finds
I~'~e s~fi~yester~y. · 74.4 ~r~nt of t~n ~okers
of~~ :: .~eW~lO,~Sy~sa~tam~- ~ ~hol, v~. 23 ~r~nt of
~' , ~ve~t ~em ~ter-.. nonsmoker. Smokes were five
- ad ~f .~ ~ ~0r ~- ~es as ~el~ to ~ve b~g~ on
a~m's~ ~ ' '~ '~'~I~2.'TOMp'~e ~e- ~l~e~stmon~.
WASH~GTON ~ T~-agers teens answered tmtMully, ~ey · Smo~g t~ns were 17 ~es
· who smoke ~e f~ more ~ely ~ :h~d ~e quesfiom ~ough s~ more ~ely ~ u~ ms~a, 26.5
· ek non~o~g ~rs to ~- ~h~.~ ~en~ ~'t ~ve~ ~t ,~ 1.5.~r~t ~ no~ok-
n~usly ~e o~er risks ~t
ar~ ~ek h~, f~g~ offi~ .'
smo~g ~ghti~ a~ ~ mom?ij~But~m~k ~;~.a~;: ~,5 ~r ~ls, ~e~
~hey'm~' ~g mflgple fis~ t~m Who ~ke ~ ~ ~0 '.o ~ok~s ~ 2,6 of n0~mokers.
and putting themselves ~ real ~d 17 ~es more ~y ~ non~ · J .L~ 80 ~t ~f t~n ~mokers had
ham," ~d study au~or C~lOtte mokers to~ve a ~e~ ~ fi~ ~d ~ ~t~, ~m~ed
~h~n~m of ~e Nafio~ ~t~ h~-~bi~. ' . ' -~: - ~ 41.4 ~rcent of nonsmokers.
%-12 ':" :- /-" i '.' ".: THESANDIEGOUNION. TRIBUNE Frida~OCiob.~'~;28,
Abuse '---; door-to-: ~:s About. 6 'percent
BOSTON-- Two researchers
~q~ave produced s~g n~rs to
~ck up ~e lOng-held ~ef ~t
smo~ng d~in~ pre~ancy ~n
~rove fa~ to fetu~ ~d ~. ~
~=:~ Mo~e~ w~o :~oke ~ ~e
: m~ n y~ ~ Bw ~-w~ight
"who r~uke ~temive ~e at b~.
"~ ~e ~er stu~ ~ e~-
~ned the nsk~ as~mted ruth
:~mo~g d~g p~, ~0 one
. ~d ever ~ to ~te; ~'. ~e
~, ~d D~, ~ nmte
~gmf~r of ~ ~d
:~achusetts ~Mediml ~. Center .-in
i~; ~e d~o~ ~d ~ey
~rcen~g~ ~d a~ ~m~ Of
.~ow ~y women ~et pre~t
~ y~ ~d how ~y of ~
~}moke. . .
~., ~ ~a~ ~d t°~cm ~
' ~y pregnant women resets ~
=~,~ ~ o~s of S~4~ ~t
~ ~ s~me, ~ ~ a~ent-
~.~ y~.by ~ lge~ 1~
~ ~oke d~g ~e~, ~e
rs Association
IiI California Groce ,-,......, ,,,,,...,.,
May 8, 1995 R E C E I ¥ E Ds.,,....,
~,~,a o~ o~,.o,. The Honorable City Council [~AY 9 1995
o~,,~. City of Poway
,:,~i .............. , ...... CITY OF POWAY
'"'" """" 13325 Civic Center Drive
~.,.,:~, ,,,'*,,, '-," *'. ...... CiTY CLERK'S OFFICE
, ........ ' ........ Poway, CA 92064 --
............. Dear Mayor and City Council:
,~ ........... .,,~,~,. ...... At the April 4, 1995 meeting, the City Council heard con~ :,ns from local
j~,2',~'?.. ,, Poway retailers regarding a proposal which bans the use of self-service
,'..",':" ',~'~'"'""' '"~" displays for tobacco products. This letter serves to reconfirm our opposition
......... to this ordinance
, .......... As you may remember, the proposed ordinance was developed in conjunction
...... ,.,, with a local health group, Teens and Retailers United to Stop Tobacco
~7::~,';"" .... (TRUST) after they conducted a workshop for the Council on September 27,
.... ' ................... 1994. CGA and our members are very aware of the efforts of 1RL~ST and,
, ,,,,,~, .... have, in the past, provided valuable assistance to their organization by lending
. ...... our support to what we thought were commendable efforts (please see
,,..i:~/,: '% ....... attached letter). I have spoken with Marianne Wildey of Project Trust many
"'" ...... times over the last year and she was the first person who logically explained
','~,'ii~7. .... to me why self-service racks could not possibly be a significant factor in
~"~ '~ ~ ................reducing illcgal tobacco sales to minors. Marianne successfully argued that
........... ' .......... .... the only factor which could significantly change the illegal tobacco sales rate
~ ............... was for retailers to check identification.
'/,'5' .;..;"7;. ~ ......And, if you think about thi~, it makes real sense. How a product is displayed,
....... ,,, has no real bearing on the decisinn process made by the clerk on whether to
.,,,.,,. ...... sell or not to sell. This is why merchant education is so critical to ending
,,., ....... illegal tobacco sales. CGA is committed to giving all retailers the opportunity
......... ,-,.,, to pamc~pate m this type of education. In the la.qt month, we have conducted
~"' ....... Responsible Tobacco Retailing seminars in Oakland, Los Angeles and Santa
?:,;~Z'.,!~;'.dg'," ....... Barbara. And, we hope we will be given the opportunity, to work with the city
.....,,.~, .,,,"' ,0,,, ~,,, ,, of Poway to bring these seminars to local retailers.
,,,,, ~,, .... Education, along with stringent enforcement of the law has been proven to
~i,;,.,.L';: ....... dramatically reduce the rate of illegal sales, In California, beginning July 1,
...... ~ .... 1995, the penalties for illegal sales will dramatically increase as mandated by
.......... ,,,~ ........... , the new Stop Tobacco Access to Kids Enforcement act (STAKE). The
penaltie~ range from $300 on the first violation to $900 for second violation
- and quickly increa.qe to $5000. The law requires all persons selling tobacco
products to check the age of tobacco purchasers who appear to be minors.
9 m5 ii'EM 5
..... ~.84:,z,' -~ 'C"'~ GRL~CER5 AS$¢'¢: PaGE 83
Page 2
5/8/95
This law permits the state Department of Health services to enter into
agreements with local law enforcement agencies for enforcement of the law
and provides for reimbursement of costs associated with it.
The STAKE law was widely supported by such groups as STAMP (Stop
Tobacco Access to Minors), the American Lung Association, the American
Heart Association, the American Cancer Society, the Stantord Center for
Research in Disease Prevention. Proponents argued that studies demonstrated
that active enlrorcement using underage decoy sting operations and civil
penalties were clearly the most effective mechanism to reduce and prevent
tobacco sales to minors (California State Legislative Analyst Report,
10/5/94). This position is supported by validated research as indicated in A
Report of the Surgeon General: Preventing Tobacco Us~
People.
Now, even before this new law becomes effective and used, these same groups
have come to you for further governmental regulation of businesses. These
groups are relying on questionable research, none of which was conducted in
Poway. We all know that statistics can say whatever we want them to say,
which is why we must look to well known respected institutions for guidance.
One such institution, the U.S. Center for Disease Control, has yet to find any
research that validates the proposed ban on self-service displays.
Therefore, we respectfully urge the council to postpone any action on this
item and work toward full implementation of the new state law. It is
important that both business and government work together to solve this
difficult problem.
Sincerely,
BETH BEEMAN
Vice President
Local Government
MAY 9 '1995 I'I'I:M .5 ' t
,S, LT i? '.~4 ~JZ:35Fi'l CA ,SROC~.R~
October 17, 1994
Manar. nc W~Idcy, MPH
Coordinator
Project T,R.U.5.T.
92'~5 Sk.'y P~k CL, ~2~1
San Diego, CA 921~3
Dear Murine:
~ank you tot le~ing thc CalHo~a Grocers ~soCauon ~cw abou~ ~e
proposal you ~c submitting ro ~he s~e Dcp~enr of Hcal~ 5c~ces on
redu~ng cig~euc s~es to minor~.
CGA snppor~s your efforts to ~drcss ~his ~portam ~suc oi tobacco ~cctss
~ yvu~h. Your es~blBhcd relationship wi~ ~he s~ff of o~ ~n6 B~ch
Office has been v~uabl~ in wor~ng ~oge~er m ~e S~ Diego area ~o
soIvc youth access ro ~obacco ~ough sound public poh~ c~6es.
CGA plans ~o conQnuc to work wflh you and T.R.U.S.T. to help solve ~hr~
~ you agMn [or the oppo~Ety to work together to negotiate poa~l~
suitable for ~e community ~d ~o ms~: rct~em,
Stacerely,
LouSe Gonzale~
Vice President, Special Projects
1995 iTEM
THE ALCOHOL & DRUG ABUSE PREVE.~'TION TASK FORCE COALITION, INC.
The Honorable Mayor Don Higginson and May 9, 1995
Members of the Council
13225 Civic Center Way
Poway, CA 92064
Dear Mayor Higginson and Members of the Council:
I am writing on behalf of ADAPT (the Alcohol and Drug Abuse
Prevention Task Force) to urge your support for placing all
tobacco products behind cash register counters or simply
locking up tobacco products as your major grocery stores have
done for a number of years in Poway.
I will not go into all the research and studies that address
tobacco use by youth. Any clear thinking adult can read the
research and come to the conclusion, that today youth are
using more tobacco products than thirty years ago.
Additionally, youth are initiating smoking earlier in their
lives than thirty years ago. This has to stop! At some
point, adults as well as elected leaders, need to take back
the caring, nurturing, and protection of our youth that
somehow many abdicated years ago.
Your support on restricting tobacco products to the youth in
Poway will send a clear message that you care, and your
concern for youth goes beyond the "slight inconvenience" to
business owners providing tobacco products to the public and
the tobacco industry.
Have courage, and vote for restricting tobacco products to
youth in Poway.
Sincerely,
LINDA L. ORAVEC
Executive Director, ADAPT
P.S.: ADAPT is comprised of elected officials throughout San
Diego County as well as a variety of professionals working
hard to reduce alcohol and drug abuse, and related crime.
IAy9 1995 rr M ,.5 ,
,,:~,..2=...,r, ..~.p. £',ORRET', iDlE, lgTH CiRCUiT =.~!
A MESSAGE FROM MOWARD MITCHELL
DATE: M~y ~ ~995
TO: Mayor hnn W~in~n
F~ N~BER~ 748 1455
MESSAGE: _.
Dea~ Mayor Higginaon,
I am sanding you a chart showing the comparison of deaths caused
by tobacco and other causes. It ks appalling that this situation
still exists more than thirty years after the U.S. Surgeon
General first announced that tobacco Aa killing ~ericans on a
massive scale. If ~eriean public officials had taken appropriate
action thirty years ago 15,000,000 deaths could have been
prevented and hundreds of millions of health care dollars could
have been saved.
I am also sending articles indicating studies have shown tobacco
to be a gateway drug which results in addiction to illicit drugs
and that drug addiction ks the cause of most crime. Reducing the
number of children and adolescents who become addicted to
nicotine will save lives and money aa well as reducing drug
addiction and crime.
Your proposed legislation to limit accessibility of to~acco
products to minors Aa co~endable and will be highly beneficial
to the citizens of Poway.
~resident
1995 ITEM ,5
MAY 9 1995 ITEM
~T,~ '~5 14:3~ ~RRRETT, ZUDGE, 2DTH CIRCUIT
~riday, July
[~NION- TRIBUNE
Smoking cost health-care system
$50 billion last year, agency says
~ *.ors, h,',*pitals and other health- mnok~ng t,,. If ·
~,~nznoc~ c~re providers. . recover ~ornc of
ATLANTA ~' In I ~ ~t C~ ~d not at~mpt to ~ ~ itu~ ~ ~ ~ ~ dete~-
~ ~ ~ C~t~ n~ ~ ~U~I ~ct ~ y~Y'S ~ t~ level of
y~y ~t ~o~g ~t ~e and~s~~' 1~3~from~r~a
~~t~0~on~s~ aive ~on~c~ from~- ~9~7 ~ey of
' - ~. ~ a~t $2.~ ~r each ~ ~e duatw ~nt ~ not, u yet, ~ styku ~ ~eir he~
~ ~ ~es ~ ~t~s a~d m ~y for ~ ~n~- At ~t ~e. ~o~,g c~t ~e
~d. t~es,' ~id ~. ~ Novotny ~ heal~ c~e lystcm
~ ~t ~ be~ ~e ~e C~'s~onS~g~ ~n,~el~8?study~c~c~'
h~pit~tion, ~15.S biH~on for However, a ~e~ f~ ~e ~*ee w~ ~o~ ~d
physicS' f~a, [4.9 billion in To~ ~etitute, Tho~a ~, he~ ~e ~oble~ among ~i~
n~ ~ ~e, [~.~ b~ for ~d to ~er stu~s, ~g ~ ~ ~u~ to de.ye
~ ~e ~ M~d ~ for ~w~ ~l ~ ~ ~ co~ ~ a~buv~ to smo~,
~ b~ ~, ~[ to ~ ~[. He ~ed ~t ~ ~'s C~ ~ the ~ ~r~e~
U.S. ~n~rs for ~ ~n~oi 48 ~on nd~t ~oke~ ~eady to ~ve ~e
and ~e~n~. ~ ~ a~ra[e ~ 56 ~ ~ ~ ~ ~th ~raH heath
T~ A~-~ ~ ag~ ~e ~nd ~erel :~ee. ~g, ~e 1993
~ ~ to~ ~n ~om amo~g 'Smokers ~e not only ~ d~bled.
~o~ to e~t 7.1 ~r~nt of ~a~ o~ way, but ~ey add to the Even at t~t, C~ ~d,
~ ~y e~nt on ~ ~ ~ pubUc coffers," ~ ~id. ~e fi~et p~b]y d~'t ~v~]~e
~ um~ ~t~. ~ ~e m~ $50 ~nd by our ~nHction t~t tb~ ~ ~i~ ~a
~t ~ ~-~d costa do not exc~ ~e ~s col- ~y ~n~e
~, C~ ~, a~t $21.7 ~ct~ on ~e pr~uct,' ~ ~ ~ser pr~ ~ the ~p-
~on, ~ 43.3 ~nt, ~e ~ But Novotny ~id the new fi~es ~on ~ ~d~e
~c ~g auch ns M~e ~ter ~e CUnton nd~on's we ~d m 1987, ~e fi~es we re-
and M~d. ~ent for substent~] ~prette ~rted probeb]y ~deresv~atcd
~e s~ey p~ci~ det~ ~x increase to ~d henlth care ~e ~ct of ~o~ fm 199'~."
the~ m~ expenses for ~6 r~o~. Novomy~td.~e~ou~h~e~-
mon~. ~ ~fion was ~- ~hi~ study bel~ us und~nd ~ati~ a~ch w~d
~ by da~ ~t~ ~ ~' whet that economic burden of ~e ~ ~rcen~gc."
9 199s ITEM
~IAY 9 1995 ITEM ,5 ,
aalcuon: me cause ol:'most crime
dim aO~,~K ~ ~5 ~r~nt of ~t~ ~d ~ol and ~l~orma ~ment of ~cohol
~ ~EK d~ ab~ ~n~ ~ ~k ~1~ Dr~ ~o~nm~ esti~ted ~st $209
C ~6~ve~g meat m~e. 5on ~nt ,m t~eut~nent ~ved ~e a~te
~ W~on ~d n~ ~- m A feder~ It~y ~ ~t 80 ~- $ ~.5 b~on in one y~, m~tly as a r~t
~ f~ d~., ~ ~t~ ~ cent ~ ~ ~ ~ ~ ~der a~e 35 o~ te~er crimes c~tted by ~e
o. ~ n~. ~: ~y~ lf~ ~nb~. ~ treat meat, ~o~et study, the ~est
~ b~ ~ ~o ~o~a -- ~ U~on~t~y, nu~-a~ p~s- ever done on ~ ag treatment,
~ ~ su~ a~ ~nt f~ on~ ~e ~te]y ~t~, S~e~ ~ ~- the ~pact of ct ~e ~to fman~ te~e,
c~ ~ ways ~t ~ve ~ ~o~ to ~t of p~l re~t~ ~y ~.~nt o~ The 1 ~year stody by Re~ T~-
wor~ ~. T~t', a Ion& way k~ ~e 80 ~e Institute f,~u~d that for a one-ye~
Re~r~s ~ ~o~ ~ ~ ~rc~t who pro~bly ~ it. Th~ w~ ~, ~ug ~reatm:t~t for ad~ed
'~ ~ ~e f~ more ~n 40 ~a. [o ~to ~ aa prac~ ~oho~ ~d · nab collated ~ a 40 ~rcent
~ ~ lg53, ~e ]ee~a~ ofC~m ~al ~ ad~ ~ve p~eon ~ ~e ~ t~uctio~ in cr~e. In o~er wordn, there
~ asd C~miegl Poli~ ~ pu~ pr~lema, were far tewct cr~e vJct~l ~d p~y
~ a a~y ~ 8&2 fei~s a~ fo~d ~t D~ ~s ~ ~to~ ~n~t cr~es th~ ~f tho~e ~ople ~d ~n ~-
~t ~ ~e~ ~der ~ ~u- f~ ~h~- ~d ~-ad~cted p~nera l~d untreated.
~e ~ ~bol ~ ~t~ ~ ~ c~ ~t. ~ added ~n~ re~archet~ f~nd
~. ~et ~ n~ ~ y~rs, ~e ~e b~ ~t ttea~ent saves money. ~et~
T~y, ~a~ ~e ~d ~a~ meth aa~o~a $~ ~n to es~b~h a~te ~d studies ~ve ~o~ t~t for eve~
o~ rep~ ~ aa ~e c~a' ~ ~ug ~. In t~ co~l, non~ a~nt on treatment ~ ~e gene~] ~-
~ ~ ~ But ~ r~ts ~e ~e lent ~dera ~ ~ce aba~ p~ ~n, ~ety ~ves nearly ~20 m c~ts
~e.M~t ~m~a~d~a 1~ ~n ~ put ~ p~tion ~d ~t to lated to he~th c~e, ~e, ac~den~ ~d
~e ~ ~ ~c~l able. tr~t ~e. a~ ~ ~oHow-up worker pr~uctivity.
~ re~ ~ ~ ~ ~- ~ su~ ~ a~ ~ou~. They ~ The cr~e b~ p~aions for ~g
t~ au~ ab~ ~d ~. ~ ~do~ ~a~ f~ ~a ~d ~, -courts and ~te ~eatment are a
I A ~ U~e~ et~ ahead ~d ~ ~y fl~ or ~ o~er ~ not ~ ~ta~, but mo~ w~ ~ needed.
~t ~ ~ ~a ~ ~a ~m~y ~ trident, ~ey ~ go to ~. The~ pr~ram~ shoed ~ e~end~ to
· ~e ~n~t ~ J~e ~d C~ ~n ~t ttea~nt of a]~ho~ ot ~-Id- ~tter ~r~g to ~enti~ ~ ad~c~ and
Jus~ ~ ~t ~ly 80 ~r~nt of ~ ~eral p~n~ ~d $270 ~on alcoholics ~ the c~a] justice system,
C~]~o~ ~ ~ve a su~ ~ ~ts to a~:e p~na :o ee~b~ ~- ~d we r~e ed m~re leverage o~r
a~ ~t~ ~ 70 ~r~t were ~- ~r p~. p~ners who re,use ~atmen:. Most ira.
ot~at ~~t. ~t ~kea ~ ~o pto~ni~ ~ ~. ~t, we should i~y fund ~ ~a
· A ~~ study ~ ~t ~t is ~e te~ch ~o~ ~t ~u~ and ~ate ~e~tment on f~et~, s~te
a~ce abu~ ~tment r~u~a c~e. and ~ levels.
~et ~n of ~ ~e b~ ~ more ~ Ne~ year, Cong~as sh~d ~d
I~ ~[ m ~ ~ilo~al w~r a~ ~, more p~ns, mote ~a~ ~ty ~g ~d ~cohol treatment ~ ~e
~mnial ~ T~ ~ D~ Union-Tribune. ~, ~e i~e~ ~d you'~ out' -- ~:i~ system, and states ~ho~4
~ J~m'e ~ot~, ia n P~nlx ~t or ~t ~ ~ ~ec~ve. ~t ex* with ~t ~wn and progr~n. If
~y ~ worse in ~u~ ~ntal ~ U~ent ~ eff~dve, t~ no other crime ~tiative ~n done
~m. For ~ple, a etudy ~a ~ by ~e ~forc. it ~ r~uce c~e.
,aAY 9 1995 ITEM .5 , {
TheCt~amber Buiiding · 12709Poway Road. Suite 101 (619) 748-0016
Mailing Address PO Box 868 · Poway Cahfornia92074-0868 (619) 748-0082
May 9, 1995
The Honorable Don Higginson, Jr.
Mayor, City of Poway
City Hall
13325 Civic Center Drive
Poway, CA 92064
Dear Mayor and Councilmembers:
This letter is in response to item number 5 on the City Council agenda for May 9, 1995,
a proposed ordinance which would restrict the use of self-service displays for tobacco
products within the City of Poway.
The Poway Chamber of Commerce does support the ordinance to prohibit the use of
vending machines for the purpose of tobacco sales. The Poway Chamber of
Commerce opposes the ordinance to prohibit self-service sales and self-service
displays, racks and shelves of tobacco products.
The Poway Chamber of Commerce represents more than 400 members of the Poway
business community, including the major chain stores, and small family owned retail
stores. The Poway Chamber of Commerce Board of Directors and Members are very
concerned about illegal tobacco sales to minors and as members of the community, we
share many of your concerns regarding safe, responsible sales of tobacco products
and therefore support the removal and banning of all vending machines dispensing
tobacco products within the city limits of Poway, as these machines offer easy access
to minors.
The Poway Chamber of Commerce opposes the regulation to restrict the ability of
responsible retailers to merchandise tobacco products through the use of self-service
displays. The primary reason that the Chamber of Commerce opposes this regulation
is the newly enacted State Bill 1927 or STAKE; Stop Tobacco Access To Kids
Enforcement Act. The California State Legislature recently passed this new law which
will become effective July 1, 1995 of this year. This new law provides a strong
enforcement program, unlike the proposed city ordinance, including on-site inspections
and increased penalties to vendors who illegally sell tobacco products to minors.
Furthermore, the Poway Chamber of Commerce opposes additional regulations which
- adversely affect the bottom line of a retailer to operate in a profitable manner and force
our retailers to compete unfairly with other communities not regulated by a similar city
De~icate~ to the Community for o~'er 40 yeaw: ~ '~
ordinance. The Poway Chamber of Commerce encourages the City Council to mitigate
the harmful effects of imposed city regulations on the Poway business community,
when a state law exists and provides for an enforcement program.
In conclusion, the Chamber of Commerce, believes that the majority of Poway retailers
merchandising tobacco products are responsible and adhere to state and federal laws
governing the sale of tobacco products to minors. Additionally, the Agenda Report
issued by the City did not indicate that research had been conducted to study the
incident rate of state and federal violations by Poway retailers. The City, nor the
Chamber, have overwhelming evidence that Poway retailers have violated state and
federal regulations and are negligent in their duties as responsible retailers to prevent
the illegal sales of tobacco products to minors.
Therefore, we respectfully request that item number 5 on tonight's agenda reflect the
following modifications:
o an elimination and banning of vending machines dispensing tobacco
products.
o the moving of tobacco merchandise into a position which would allow
store clerks to have constant "line of sight" surveillance.
- Sincerely,
Teresa Clark Board of Directore Votes: 11-0
President Vicki Lazowski (Buck Electric) Aye
Poway Chamber of Commerce Ann Calvert (Pomerado Pub.) Abstained
Linda Richardson (CF Pomerado) Aye
Dwight Ritchey (Ritchey-Fipp Chev.) Aye
Lisa Lucidi (Hamburger Factory) Aye
Jim Crosby (Attorney) Aye
Sandy Fish (Corridor Mortgage) Aye
Randy French (The Brigantine) Aye
John Schneider (Anacomp, Inc.) Aye
Art Skola (Attorney) Aye
Rod Nelson (Pacific Rim Properties) Aye
Teresa Clark (Training Alliances Co.) Aye
P~SD STUDENTS WHO REPORT HAVING
SM ,CED CIGARETTES IN THE LAST MONTH
% USING
25 24
23
21
20
17
12
10
0
GRADE 4 GRADE 7 GRADE 9 GRADE 11
1990 ~ 1992
STUDENTS WHO REPORT SMOKING
3 OR MORE CIGARETTES PER DAY
% USING 1992 RESULTS*
lO
8,6
7.9 I-- 7.9
7.2
4 3,6
2
,
0,8
GRADE 4 GRADE 7 GRADE 9 GRADE 11
CALIFORNIA ~ SD COUNTY ;:~.~ PUSD
· Source, Dr. Rod Sksger, UCLA