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HomeMy WebLinkAboutMINUTES - 02262002 - SD2 Contra TO: BOARD OF SUPERVISORS ;rte Gest FROM: William B. Walker, MD Health Services Director County DATE: February 26, 200 SUBJECT: Recommendation For Revision Of County Ordinance 98-50, Tobacco Retail License SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. ADOPT`a position of support for amending the Federal Cigarette Labeling and Advertising Act to allow local jurisdictions to regulate the advertising of cigarettes. 2. DIRECT Contra Costa Health Services to work with County Counsel on final language revising County Ordinance 98-50 to include the following provisions: a. All tobacco retailers will be licensed annually in conjunction with the application for and renewal of the Contra Costa County Business License; b. The license will be prominently displayed at each retail site, c. The license will be linked to Ordinance 98-43 and to applicable Federal, State and local laws intended to discourage the purchase of tobacco products by minors; d. A graduated system of penalties will be structured for violations of the ordinance, with an appeal process to the Board of Supervisors. FISCAL IMPACT: Minimal fiscal impact. ,All of the costs of enforcing this ordinance, including the costs of outreach, education and follow-up, are covered by State tobacco prevention funds (Proposition 99 funds) and State Tobacco Settlement Funds. CHILDREN'$ IMPACT STATEMENT: This action will directly support the second community outcome, "Children and Youth Health and Preparing for Productive Adulthood" CONTINUED ON ATTACHMENT: X YES NO SIGNATURE: -'<ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDCOMMITTEE s.—*PPROVE OTHER 0 SIGNATURES: 4j ACTION OF BOAR O , .L✓ tfdf& S RECOMMENDED OTHER A VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ABSENT i ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED ' 1 -- CONTACT: Charlotte Dickson,313-6216 JOHN SWEETEN,CLE HE BOARD,6F SUPERVISORS AND COUNTY ADMINISTRATOR CC: William B.Walker,MD,HSD Director,2(I Allen,Mtz Wendel Brunner,MD,Public Health Director, 597 Center Avenue,#200,Mtz B DEPUTY Board of Supervisors Page 2 Revision of County Ordinance 98.54 February 26, 2002 BACKGROUND: In 1997, the Board of Supervisors declared tobacco-free youth to be a public policy priority and directed Contra Costa Health Services to draft,a model ordinance to address youth access to tobacco products. Working with the Centra Costa County Tobacco Prevention Project and "TIGHT" (Tobacco Industry Gets Hammered by Teens), Contra Costa Health Services staff prepared a model ordinance for the Board. In November and December 1998, the Board of Supervisors adopted County Ordinances98-43 and 98-50, known together as the Tobacco-Free Youth Ordinance." The provisions included: 1) restrictions on publicly visible tobacco'advertising. near schools and playgrounds; 2) ban on self-service displays of tobacco products; 3) ban on the marketing, sales and give-away of tobacco gear to minors; 4) requirement that tobacco retailers found in violation of the Tobacco-Free Youth Ordinance and/or applicable local, state and federal laws pertaining to the sale of tobacco to minors would be required to apply for a license to sell tobacco. At the time, this ordinance was the most comprehensive youth tobacco'prevention ordinance in the nation. In June 2001, the Supreme Court of the United States of America issued a ruling that overturned Massachusetts's regulations banning tobacco advertising both inside and outside stores on the grounds that such regulations are pre-empted by the Federal Cigarette Labeling and Advertising Act. The effect of this ruling was to nullify the advertising provision of County Ordinance 98.43' that prohibits tobacco advertising within 1600 feet of schools and playgrounds as it is a local ordinance that regulates tobacco, including cigarette, advertising. Contra Costa Health Services immediately suspended'enforcement of this provision. To restore the advertising provision of County Ordinance 98-40, Congress must amend the Federal Cigarette'Labeling and Advertising Act to allow local jurisdictions to,regulate the advertising of cigarettes. This is the only means for fulfilling the Board's intention to reduce the significant effects of tobacco advertising on youth. Senator Hillary Clinton has called upon Congress to amend the FCLAA, and health organizations around the country are gathering resolutions from local and state jurisdictions asking Congress to amend the legislation. Locally, the Contra Costa County Tobacco Prevention Coalition endorses this effort. The tobacco industry is in opposition of these efforts. In the meantime, the Board of Supervisors asked Contra Costa Health Services to recommend a revised licensing provision to enhance the County's tobacco retailer licensing requirement in order to further restrict youth access to tobacco products. Since January 1999, seventeen city councils in Contra Costa County have adopted versions of the Tobacco-Free Youth Ordinance. Six cities, Brentwood, Clayton, Danville, El Cerrito, Pinole and San Ramon, adopted ordinances that require all tobacco retailers within those cities to obtain a license to sell tobacco products. Benefits'of this approach to tobacco retailer licensure include: establishing a list of tobacco retailers in the community; creating a fair and level playing field for merchants; setting community standards for responsible retail practices; demonstrating the community's commitment to enforce'federal, state and local laws;pertaining to the sales of tobacco products to minors; enhancing coordination with the Sheriff's Office to enforce PC 308x; creating financial incentives for complying with applicable laws reducing youth access to tobacco products; Youth access to tobacco products remains a problem in Contra Costa County as the tobacco industry continues to target youth to become addicted smokers. According to the Food and Drug Branch of California Department of Health Services, 16.6% of Contra Costa stores sold tobacco to minors during fiscal year 2000-2001, and 21.2% of stores have sold tobacco to minors since July 1, 2001. According to the 1999-2000 Mt. Diablo Unified School District's Healthy Kids Survey, 26% of eleventh graders and 1'7% of ninth graders use cigarettes. CONSgQUENCE OF NEGATIVE- ACTION: The County will lose a significant incentive to encourage tobacco retailers to comply with local, state and federal laws related to youth and tobacco. .ADDENDUM D.2 February 26, 2002 On this day the Board ADOPTED position of support for amending the Federal Cigarette Labeling and Advertising;Act to allow local jurisdictions to regulate the advertising of cigarettes; DIRECTED the Health Services Department to work with County Counsel on final language to revise County Ordinance 98-50,Chapter445-10(Proposition 99 and State Tobacco Settlement funds);DIRECTED staff to investigate a fee structure that would'recover the cost of implementing this new change;AUTHORIZED the Chair, Board of Supervisors to execute letters of the Board's support to local Congressional Representatives and to the Mayor's Conference, and a letter to Dr. Joel White and Tobacco Industry Gets Hammered By Teens(TIGHT) acknowledging their work in this area; DIRECTED the County's federal'lobbyist to work on this issue as part of the legislative agenda. lril County of Contra Crista OFFICE OF THE CLERK OF THE BOARD FAX DATE. February 20, 2002 TO: Board of Supervisors(via fax) FROM: Gina Martin, Chief Clerk ofthe Board SUBJECT: Recommendation for Revision of County Ordinance 98-50, Tobacco Retail License We are providing you a copy of this item for your information. This item will be heard on Tuesday, February 26,2002. Thank you. REQUEST TO SPEAK Ft�RM (THREE (3) MI UT$ LIXIT) Completethis form and place it in the box near the' speakers' rostrum before adi res, ing �e BoArd. Names Phone: f { ' Address: V 4 ._ I am speaking for myself or organization: of ��� c at'*volot i on) CHECK I „wish to; speak on Agenda Item � ; nate. My comments will die» general for against. T wish to speak ori the suhj ect ©f do:- not wish to spea; but leave these 'Co ents for the Sward to 'consider. 2EQUEST TO SPEAK FORK I (THREE (3) MINUTE LIMITS L2: L/ complete this form and place it in the box near the speakers' rostrum before addressing the Board.' Name: I V L sT 6 Phone: " Address: city: I am speaking for myself or organization: 4iwa?4S-A/d*'?WFF� Y (name of organization) CHECK CINE._: ,X I wish to speak on Agenda Item # Date: 0 2 C ' . My comments will be: generalfor .' against I wish to speak' on the subject o I do not wish to speak but Leave these comments for the Board to consider: