3. Tobacco Retailer License Fact Sheet Benicia
How Communities Like Benicia Can Keep Tobacco Away from Kids With A Local Tobacco Retailer License Tobacco use is a pediatric disease. 1 Whether a person becomes a lifelong smoker is determined when he/she is under 18 years old. The longer a community can keep tobacco out of the hands of a young person, the less likely he/she will ever become a smoker. California has made huge strides in reducing tobacco use over the past 20 years but due to the targeting by Big Tobacco of new users, youth smoking continues to be a problem. The emergence of electronic cigarettes has attracted not just smokers, but also youth who were not previously considered to be vulnerable to conventional tobacco use.
More teens in the United States use electronic cigarettes than they do conventional tobacco. 54% of Benicia 9th and 11th graders believe it’s very easy to obtain e-cigarettes. 2 One tool that cities have used to stem illegal sales is to hold retailers responsible for not selling tobacco to minors by adopting local tobacco retailer licenses.
Electronic cigarettes3 Youth use has exceeded that of conventional cigarettes Most contain nicotine – a highly addictive substance Contain substances known to be harmful and untested for safety in inhalation U.S. Surgeon General considers use a public health concern
Why license tobacco retailers? The tobacco industry spends over 95% of its total marketing budget or $1 million per hour to push tobacco products at the point of sale, turning the neighborhood convenience store into ground zero in the tobacco industry's business plan to attract new smokers.4 Nearly half of teenagers visit a convenience store at least once a week. 5 Tobacco Use: A Pediatric Disease, Pediatrics, November 2009, VOLUME 124 / ISSUE 5 2015-16 California Healthy Kids Survey, Benicia Unified School District 3 US Department of Health and Human Service. E-Cigarette Use Among Youth and Young Adults: A Rep. of the Surgeon Gen. 2016 4"The War in the Store," CounterTobacco, 2016. An analysis of the Federal Trade Commission 2014 Cigarette Report 5 “Deadly Alliance: How Tobacco Companies and Convenience Stores Partner to Market Tobacco Products and Fight Life-Saving Policies,” Campaign for Tobacco-Free Kids, Counter Tobacco and the American Heart Association, 2016 Update. 1 2
Prepared by Serena Chen for the BYAC, February 2017
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Local Tobacco Retailer License (TRL)
A Tool to Keep Tobacco Out of the Hands of Kids A TRL requires every business that sells tobacco products to obtain a local license. By charging a fee to cover the actual cost of enforcement, the city can conduct regular decoy operations. Merchants who violate the law face possible suspension or revocation of the license and fines. The TRL will regulate the sale of all tobacco products, including little cigars, hookah, and electronic cigarettes. Violations of any tobacco control laws count as a TRL violation. Today’s tobacco products look very much like candy and sweets and are very attractive to children. The more times a child sees a product, the more likely he/she will see them as normal and acceptable.
Of the 16 Benicia businesses that sell tobacco:
20% are located within 1,000 feet of schools or are on a major route to school 90% sell kid-friendly tobacco products featuring candy, mint, and liquor-flavors 70% have unhealthy exterior store advertisement
Benicia youth and tobacco access
Over 50% of Benicia 9th graders and 57% of 11th graders students say it is easy to obtain cigarettes.6 Close to a quarter of 7th graders, 54% of 9th and 11th graders, and 68% of Liberty High students say it is easy to obtain e-cigarettes. 7
Proposed provisions for a Benicia tobacco retailer license
Tobacco sellers may not sell drug paraphernalia Limit where new retailers may locate- 500-1,500 feet from schools, playgrounds, etc, Limit all signage on storefront windows/glass doors to no more than 20% Ban the sale of flavored little cigars and other tobacco products Establish a minimum pack size for little cigars (kid-friendly), e.g. no less than five per pack
Cities that adopt and implement a program to hold sellers responsible for not selling to minors see a reduction in illegal sales to minors. Over 126 cities in California have local tobacco retailer license laws including Albany, El Cerrito, San Pablo, Sonoma, Richmond, Oakland, and Hayward. The counties of Sonoma and Yolo have also adopted local licenses covering merchants in their unincorporated areas. In 2014, cigarettes sales brought in over $48K per month to the average convenience store, comprising 36% of total sales. 8 For more information, contact Patti Baron, Coordinator, Benicia Police Department Youth Action Coalition (707) 746-4268, [email protected]
2015-16 California Healthy Kids Survey, Benicia Unified School District, Secondary 2015-16 California Healthy Kids Survey, Benicia Unified School District, Secondary 8 NACS State of the Industry Report 2014, http://www.cspdailynews.com/print/csp-magazine/article/data-store-sales-trends-2015 6 7
Prepared by Serena Chen for the BYAC, February 2017
2
California State Law - New provisions9 Highlights (Effective June 9, 2016 unless otherwise noted) 1. 2. 3. 4. 5. 6. 7. 8.
9
Raises the tobacco tax by $2/pack effective April 1, 2017 Bans the sale/furnishing of tobacco products to anyone under 2110 Defines "Tobacco Products" to include electronic smoking devices and their components Bans self-service displays except in tobacco stores that prohibit entry to people under 21 unless accompanied by a parent/guardian. Electronic smoking device liquids must be stored in child-resistant packaging Smoking tobacco, marijuana, and vapor devices is prohibited anywhere smoking is prohibited under state law. State tobacco licensing fee changed from a one-time only fee of $100, to an annual $265 to cover the state board of equalization’s costs in administering the state’s licensing program. Effective Jan. 1, 2017, retailers who only sell electronic smoking devices and paraphernalia will need to have a state tobacco retailer license.
http://tobaccofreeca.com/topics-featured/new-tobacco-control-laws-effective-june-92016/ Active military 18-20 years old exempted
10
Prepared by Serena Chen for the BYAC, February 2017
3
More teens in the United States use electronic cigarettes than they do conventional tobacco. 54% of Benicia 9th and 11th graders believe it’s very easy to obtain e-cigarettes. 2 One tool that cities have used to stem illegal sales is to hold retailers responsible for not selling tobacco to minors by adopting local tobacco retailer licenses.
Electronic cigarettes3 Youth use has exceeded that of conventional cigarettes Most contain nicotine – a highly addictive substance Contain substances known to be harmful and untested for safety in inhalation U.S. Surgeon General considers use a public health concern
Why license tobacco retailers? The tobacco industry spends over 95% of its total marketing budget or $1 million per hour to push tobacco products at the point of sale, turning the neighborhood convenience store into ground zero in the tobacco industry's business plan to attract new smokers.4 Nearly half of teenagers visit a convenience store at least once a week. 5 Tobacco Use: A Pediatric Disease, Pediatrics, November 2009, VOLUME 124 / ISSUE 5 2015-16 California Healthy Kids Survey, Benicia Unified School District 3 US Department of Health and Human Service. E-Cigarette Use Among Youth and Young Adults: A Rep. of the Surgeon Gen. 2016 4"The War in the Store," CounterTobacco, 2016. An analysis of the Federal Trade Commission 2014 Cigarette Report 5 “Deadly Alliance: How Tobacco Companies and Convenience Stores Partner to Market Tobacco Products and Fight Life-Saving Policies,” Campaign for Tobacco-Free Kids, Counter Tobacco and the American Heart Association, 2016 Update. 1 2
Prepared by Serena Chen for the BYAC, February 2017
1
Local Tobacco Retailer License (TRL)
A Tool to Keep Tobacco Out of the Hands of Kids A TRL requires every business that sells tobacco products to obtain a local license. By charging a fee to cover the actual cost of enforcement, the city can conduct regular decoy operations. Merchants who violate the law face possible suspension or revocation of the license and fines. The TRL will regulate the sale of all tobacco products, including little cigars, hookah, and electronic cigarettes. Violations of any tobacco control laws count as a TRL violation. Today’s tobacco products look very much like candy and sweets and are very attractive to children. The more times a child sees a product, the more likely he/she will see them as normal and acceptable.
Of the 16 Benicia businesses that sell tobacco:
20% are located within 1,000 feet of schools or are on a major route to school 90% sell kid-friendly tobacco products featuring candy, mint, and liquor-flavors 70% have unhealthy exterior store advertisement
Benicia youth and tobacco access
Over 50% of Benicia 9th graders and 57% of 11th graders students say it is easy to obtain cigarettes.6 Close to a quarter of 7th graders, 54% of 9th and 11th graders, and 68% of Liberty High students say it is easy to obtain e-cigarettes. 7
Proposed provisions for a Benicia tobacco retailer license
Tobacco sellers may not sell drug paraphernalia Limit where new retailers may locate- 500-1,500 feet from schools, playgrounds, etc, Limit all signage on storefront windows/glass doors to no more than 20% Ban the sale of flavored little cigars and other tobacco products Establish a minimum pack size for little cigars (kid-friendly), e.g. no less than five per pack
Cities that adopt and implement a program to hold sellers responsible for not selling to minors see a reduction in illegal sales to minors. Over 126 cities in California have local tobacco retailer license laws including Albany, El Cerrito, San Pablo, Sonoma, Richmond, Oakland, and Hayward. The counties of Sonoma and Yolo have also adopted local licenses covering merchants in their unincorporated areas. In 2014, cigarettes sales brought in over $48K per month to the average convenience store, comprising 36% of total sales. 8 For more information, contact Patti Baron, Coordinator, Benicia Police Department Youth Action Coalition (707) 746-4268, [email protected]
2015-16 California Healthy Kids Survey, Benicia Unified School District, Secondary 2015-16 California Healthy Kids Survey, Benicia Unified School District, Secondary 8 NACS State of the Industry Report 2014, http://www.cspdailynews.com/print/csp-magazine/article/data-store-sales-trends-2015 6 7
Prepared by Serena Chen for the BYAC, February 2017
2
California State Law - New provisions9 Highlights (Effective June 9, 2016 unless otherwise noted) 1. 2. 3. 4. 5. 6. 7. 8.
9
Raises the tobacco tax by $2/pack effective April 1, 2017 Bans the sale/furnishing of tobacco products to anyone under 2110 Defines "Tobacco Products" to include electronic smoking devices and their components Bans self-service displays except in tobacco stores that prohibit entry to people under 21 unless accompanied by a parent/guardian. Electronic smoking device liquids must be stored in child-resistant packaging Smoking tobacco, marijuana, and vapor devices is prohibited anywhere smoking is prohibited under state law. State tobacco licensing fee changed from a one-time only fee of $100, to an annual $265 to cover the state board of equalization’s costs in administering the state’s licensing program. Effective Jan. 1, 2017, retailers who only sell electronic smoking devices and paraphernalia will need to have a state tobacco retailer license.
http://tobaccofreeca.com/topics-featured/new-tobacco-control-laws-effective-june-92016/ Active military 18-20 years old exempted
10
Prepared by Serena Chen for the BYAC, February 2017
3
