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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