Citizen Citation Teleconference Training

Citizen Citation Teleconference Training

April RoeselerNovember 30, 2004

April RoeselerNovember 30, 2004

Purpose/GoalPurpose/Goal

Designed to create awareness with retailers who appear to be in violation of a youth access to tobacco control lawThe goal is to motivate changes in business practices and achieve compliance with youth access to tobacco control laws

Designed to create awareness with retailers who appear to be in violation of a youth access to tobacco control lawThe goal is to motivate changes in business practices and achieve compliance with youth access to tobacco control laws

What is it?What is it?

Mock citationLooks like a parking ticketEach citation is numbered, comes in a pack of 50, and is printed on white and yellow non-carbon paper

Mock citationLooks like a parking ticketEach citation is numbered, comes in a pack of 50, and is printed on white and yellow non-carbon paper

Information on the CitationInformation on the Citation

Fill in name/address of storeCheck list of lawsTips for avoiding violationsBrief description of each lawPlace for local contact information

Fill in name/address of storeCheck list of lawsTips for avoiding violationsBrief description of each lawPlace for local contact information

Citizen CitationCitizen CitationCITIZEN CITATION Date: N

o 00101

To: _____________________________________________

(Store Name)

(Address)

(City, State, Zip)

Your local tobacco control program is sending this CITIZENCITATION to you because your store appeared to be in violation ofthe following important tobacco control law(s) during a recentinspection:

PC: California Penal Code / B&P: California Business & Professions Code

To Avoid Violations: Do not sell tobacco to anyone under 18: Request and check IDs of all tobacco purchasers

who look younger than 27 years of age. Teach your employees to check IDs

and how to calculate ages. Do not sell tobacco if the customer has no ID. Visibly post STAKE Act signs & your tobacco retail

license. Educate yourself and your employees about all

applicable tobacco control laws.

Protect the children of the community you serve!For more information contact:

This information may be reported to State and local law enforcement agencies.

If your store appeared to be in violation of any of these laws listed, please contactthe local tobacco control program identifed for more information on how to avoidpossible penalties or ? nes.

ILLEGAL SALE OF TOBACCO TO A MINOR (UNDER AGE 18): It is a crime to sell or inany way furnish tobacco to persons under the age of 18. Violators are guilty of a misdemeanor.California Penal Code section 308(a).

It is illegal to sell or in any way furnish tobacco to persons under the age of 18. The business—not the employee—may be liable for a civil ?ne of up to $6000 for a violation. California Businessand Professions Code section 22958.

STAKE Act AGE-OF-SALE WARNING SIGN VIOLATION:Stop Tobacco Access to Kids Enforcement (STAKE) Act age-of-sale warning signs with the 1-800-5-ASK-4-ID phone number are required at each point of sale. California Penal Code section308(c).To order STAKE Act signs free of charge call 1-800-5-ASK-4-ID.

ILLEGAL SALE OF BIDIS: The sale of "bidis" is prohibited except at those businessestablishments that prohibit the presence of persons under 18 years of age on their premises.California Penal Code section 308.1.

ILLEGAL SALE OF SINGLE CIGARETTES: No person may sell cigarettes except in theoriginal packaging of the manufacturer or importer that conforms to federal labelingrequirements, including the federal warning label. California Penal Code section 308.2.

ILLEGAL CIGARETTE PACK SIZE: Cigarettes may not be sold in packages of less than 20cigarettes. Roll-your-own tobacco may not be sold in packages containing less than 0.60 ouncesof tobacco. California Penal Code section 308.3.

ILLEGAL SELF-SERVICE DISPLAY: It is unlawful to sell or display cigarettes through aself-service display. A self-service display is an open display of cigarettes that is accessible tothe public without the assistance of the clerk. California Business and Professions Code section22962.

RETAIL TOBACCO LICENSE POSTING VIOLATION: A retailer must conspicuouslydisplay its tobacco retailer license issued by the State Board of Equalization at each retaillocation in a manner visible to the public. California Business and Professions Code section22972(b).

UseUse

Non-enforcement compliance surveySend by certified mail after completionMay send additional educational material with the citation

Non-enforcement compliance surveySend by certified mail after completionMay send additional educational material with the citation

Possible Responses from RetailersPossible Responses from Retailers

Alarmed: Is a fine involved?Demanding: Who made the sale? When was the sale made?Request Information: Is training available?

Alarmed: Is a fine involved?Demanding: Who made the sale? When was the sale made?Request Information: Is training available?

Why this tool should work: Health Belief ModelWhy this tool should work: Health Belief Model

People will take preventive action if they believe:

they are susceptible to a specific disease or problemthe consequences of inaction could have a serious impact on themthe threat of taking action is lower than the threat of the problem

People will take preventive action if they believe:

they are susceptible to a specific disease or problemthe consequences of inaction could have a serious impact on themthe threat of taking action is lower than the threat of the problem

Use of the Word “Citation”Use of the Word “Citation”

? Impersonating a peace officernothing on the citation says action will be taken except that the information may be reported to law enforcementonly demand is for the retailer is to comply with the law--which falls under free speech protection

Citation can be seen as a play on words since the laws are “cited” and explained

? Impersonating a peace officernothing on the citation says action will be taken except that the information may be reported to law enforcementonly demand is for the retailer is to comply with the law--which falls under free speech protection

Citation can be seen as a play on words since the laws are “cited” and explained

Local ExperiencesLocal Experiences

LA LinkLassen County

LA LinkLassen County