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Randy Kline, Staff AttorneyTALC (Technical Assistance Legal Center)
http://talc.phi.org 510.444.8252 x303
Tobacco Retailer Licensing (TRL):
Bells & Whistles
Core TRL Components
• All tobacco retailers must get a license and renew it annually
• The fee should fund administration and effective enforcement
• A violation of any existing local, state or federal tobacco law is a license violation
• Violation results in suspension or revocation plus traditional penalties
Add-On Components
• The following components, the “bells and whistles” of licensing, are not essential
• However, these extra components are not trivial or unimportant In some communities, they will make a good
licensing ordinance much better In other communities, they could be critical to
getting around a roadblock in a campaign or during implementation
Who Can Get a License
• No licenses for “Significant Tobacco Retailers” (e.g., tobacco shops)
• No licenses for restaurants and bars
• No licenses for residentially zoned locations
• No licenses for business that provide indoor or outdoor smoking areas Bans “hookah bars”
Regulations & Prohibitions 1
• Clerk must be 18 to sell tobacco
• Must check the ID of anyone under 27 Can use adults (18) to test compliance
• Smoking prohibited outside a retailer E.g., 20 feet from entrances
• Revoke license for illegal alcohol sales Broaden coalition to include alcohol control
Regulations & Prohibitions 2
• Prohibit tobacco look-a-like products Bans candy cigarettes and cigars
• Limit tobacco sampling and giveaways No tobacco products at “bar nights”
• License violation to violate sign laws “Lee law:” no more than 1/3 of windows of
alcohol retailer can be covered by signs
Gathering Evidence
• Partial immunity for youth decoys
• Youth decoys don’t have to testify
Penalties
• Retailers without a license cannot display or advertise tobacco products or paraphernalia
• Tobacco and paraphernalia can be seized and destroyed if offered for sale without a license
• Require “dunce” signs for violators
Prosecution
• City attorneys and county counsel have express authority to settle cases minimum standards for settlements
• “No contest” plea in a parallel prosecution (e.g., PC 308) results in license revocation
Universal Enforcement
• In addition to traditional enforcement:Anyone can enforce the law in small claims court Private citizens can enforce the law Non-profits can enforce the law (e.g., ALA) Cities and counties too!
No attorneys needed, staff can prosecute Health department can enforce the law within a city
Conclusion
• TALC’s revised model licensing ordinance contains many of these “bells and whistles” (some addressing important implementation issues)
• TALC keeps track of new ideas, so contact us for the very latest thinking
Randy Kline, Staff AttorneyTALC (Technical Assistance Legal Center)
http://talc.phi.org 510.444.8252 [email protected]