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MINUTES - 06161998 - D11
D.11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 16, 1998 by the following vote: AYES: Supervisors Uilkema, Gerber, DeSaulnier, Canciamilla and Rogers NOES: None ABSENT: None ABSTAIN: None ----------------------------------------------------------------------------------------------------------------- SUBJECT: Report From Health Services Director on Possible Content For An Ordinance Further Regulating Advertisement, Promotion, Distribution, and Sale of Tobacco Products. Wendel Brunner, M.D., Director of Public Health, presented the staff report',dated May 13, 1998, on the recommendations from the Health Services Department on a proposed ordinance restricting the advertisement, promotion, and sale of tobacco products in Contra Costa County. The following persons presented testimony on issues including support and apposition to the proposed ordinance, licensing fees, and bans on advertising: John Wolfe, 820 Main Street, Martinez, representing the Contra Costa Taxpayers Association; Peter Muller, 7 Bel Air Drive, Orinda, Anti-Tobacco Coalition; Joel E. White, M.D., 115 La Casa Via #102, Walnut Creek, Contra Costa Tobacco Prevention Coalition; Laurie Comstock, 4475 Crestwood Circle, Concord; Rebecca Aarayaldo, 3387 Oak Hills, Pittsburg, Tobacco Industry Gets Hammered by Teens (T.I.G.H.T.); Marisa McCoy, 3225 Madrone Street, Antioch; Jonathan Mayes, 5918 Stoneridge Mail, Pleasanton, Safeway Stores; Daniel Vega, 5111 Monitor Pass Way, Antioch, T.I.G.H.T.; Beth Beeman, 100 West Broadway #370, Long Beach, representing the California Growers' Association; John Handley, 1807 Tribute Road, Sacramento, representing the Northern California Grocers' Association; Sesha Reopy, 1496 N. Milpitas Boulevard, Milpitas; Dhan Chahal, 1497 Danville Boulevard, Alamo; Sunny Mann, 2525 North Main, Walnut Creek; Jerry Hook, 511 Contada Circle, Danville, representing the Southland Corporation; Kathy Letterman, 301 N. Civic, Walnut Creek.; Lisa Bautista Rivera, 75 Dolphin, Pittsburg, T.I.G.H.T.; Monica Cervantez, 88 Breaker Drive, Bay Point, T.I.G.H.T.; Gino Mazzamuto, 2315 Pacheco Boulevard, Martinez, T.I.G.H.T.; Ayanna Autrey, no address given, T.I.G.H.T.; Akunna Nwamuo, no address given; Prem Chaudhri, 4115 Concord Boulevard, Concord; Chris Martins, 305 Carson Street, Hercules; Keran Raju, 2117 Sugartree Drive, Pittsburg; Nathaniel Li, no address given, Hercules; Elisa Bautista, 215 Pacifica Avenue, Bay Point; Katie McCormack, 2416 Casa Way, Walnut Creek, C-Beyond; Lynette S. James, 203 G Street, Antioch; Deborah Messina-Kleinman, 2873 Sombrero Circle, San Ramon; Bill Bindal, 3300 Loveridge Road, Pittsburg; Prern Aropa, 1024 Fitzuren Road, Antioch; Nirmaljit S. Basra, 2801 Port Chicago Highway, Concord; Deborah Wilson, 1231 Greenway Drive, Richmond, Contra Costa County Tobacco Prevention Coalition; Lori Hughes, 3899 Vista Oaks Drive, Martinez, Tobacco Prevention Coalition (Statement read by a friend); Brigette Sanchez, 2805 Broadmoor Avenue, Apt. B, Concord; Janice Tunder, 105 Astrid Drive, Pleasant Hill, American Lung Association; George Weberling, 1481 Yosemite, Clayton, American Lung Association; Barb Apman, 105 Astric Drive, Pleasant Hill, American Lung Association; The Chair read comments submitted by the following persons: Ajit S. Sooch, 1107 E. 18th Street, Antioch; Prime Foods, Martinez; Balbia S. Chauhan, 1108 Sycamore Drive, Antioch; Saleem Sadruddin, 1939 Somersville Road, Antioch; Ron Dosanjh, 147 Atlantic Avenue, Pittsburg; Tirath Sahota, 1008 Fitzuren Road, Antioch; Shakil Ali, 835 Alhambra Avenue, Martinez. After the conclusion of public testimony and further discussion, the Board took the following actions: 1. APPROVED the five recommendations listed in the report from the Health Services Director dated May 13, 1998, on a proposed ordinance restricting the advertisement, promotion, and sale of tobacco products in Contra Costa County as amended to include collaboration with law officers on enforcement of the penal code to provide a common focus of implementation, and in recommendations #1 and #2 to use schools, playgrounds and youth centers with the development of a definition for youth centers; 2. DIRECTED County Counsel to draft for Board consideration an ordinance specific to Contra Costa County, including the Health Services report recommendations as amended, and the Board's recommendations on collaboration with law enforcement and a "good retailer" exemption; 3. REQUESTED the retailers to prepare for Board consideration when this item is next heard, a proposal for self-regulation on this matter; 4. DIRECTED the Sheriff-Coroner to respond to the issue of a ban on window advertisement; 5. REQUESTED that County Counsel report to the Board of Supervisors on the issue of the legal defensibility of the ordinance with the inclusion of alcohol provisions. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTI=STED: -Ijq V PHIL BATC LOR, Clerk of the Board cc: Health Services Director of rvis r nd Co t Administrator County Counsel By Deputy Sheriff-Coroner County Administrator ... _ REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) �--'V Complete this form and place it in the box near th $ rostrum before addressing the Board, speakers Mame; l p . 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REQUEST TO SPEAK FORK (THREE (3) XIMUTZ LIMIT) complete this form and place it in the box near the spea rs' rostrum before addressing the Board. 4 Name: eckkte-YA SoAY�A 0�'Y� phone: Address: 11 city: W I am speaking for myself or organization- (MM of orpnization) CHECK ONES C, I wish to speak on Agenda Item Date: \G. LO My comments will be: general for — against < I wish to speak on the subject of 101 do not wish to speak but lqave these comments for the 0 Board to consider: e atf%jey, \-%,eye J;,o C;rot) 'Teeyinelr 0,, V-Qyky ct,3e -* 0," aacAln',t -TOooLCLO kleceAce, 1�e v-bco -re. s ALL Tr f\10-r Het'p ro 5� -Me"V fkopi "V041, MY 6,x0eel, h We. M sy CA&Y 6�r -Cesa Tb TES'V 1�)01 N0'r29CTE'AL- ?- 'SM0K:C— Ar, ............. REQUEST TO SPEAK FORK (TIME (3) MINUTE LIXIT) Complete this form and place it in the box near the speakers rostrum before addressing the Board. Name: I R — — 2;Zti) A 32-LIM- nt-'a Phone: - Address.* �A -a LaL-A-t,-3-r-IC AAtC--- city: I am speaking for myself IZ - or organization: (nww of organisation) CHECK ONES I wish to speak on Agenda Item # Date: My comments will be: general for _. against I wish to speak on the subject of I do not wish to speak but leave these comments for the ,14- Board to consider: � 'a C"tAta-," L'Y a-AV 14,nAv"/ 132a cvu intra c aim 0"�t S4�;v ...... ............ ........ ......_.._.__.. ... .......... ..._..... ......._. ......... ......... ......... ..__..... ......._. _ _... ......... ......... ......... ......... ......... ......... ......_.. __ . . .................................................................................................................... _.........._.........._.. Do Contra Casts County The Board of Supervisors HEALTH SERVICES DEPARTMENT OFFICE OF THE DIRECTOR Jim Rogers,1at District Wiiliiifm B.Wsiker, Giayls R.Utkisrna,2nd District t_.,, E7III&Mr waHealtti r,M.D.M.1 Donna G ortw,3rd District _.. tti+ark 0*13aulnhr,4th District # { l i 217 Alert StreetJo"ph Canctendlia,5th District a r: _ Matrtinoz,Cadffomia 944559-3191 County Administrator fi (510)370-- i PhD BatoMfor FAX(510)9717-5ty9S County Administrator TO: Board of Supervisors FROM: William Walker, M.D., Health Services Director By Wendel Brunner, M.D., Director of Public Health DATE: May 13, 1998 SUBJECT. RECOMMENDATIONS FROM THE HEALTH SERVICES DEPARTMENT ON AN ORDINANCE RESTRICTING THE ADVERTISEMENT, PROMOTION,AND SALE OF TOBACCO PRODUCTS IN CONTRA COSTA COUNTY Background In April 1997 the Tobacco Prevention Coalition responded to the Board of Supervisors' request to make tobacco free youth a public priority and to develop policy recommendations for reducing the impact of tobacco on young people. On July 15, 1997 the Internal Operations Committee directed the Health Services Department to prepare a comprehensive draft Model Ordinance for consideration.. Working with the Tobacco Prevention Coalition and drawing on ordinances passed by localities across the country, the Health Services Department presented a very comprehensive compendium of provisions restricting youth access to tobacco to the Internal Operations Committee as a draft Model Ordinance on December 16, 1997. The Model Ordinance not only presented a variety of public policy issues,but it also raised a number of legal questions. Some of the provisions included in the compendium had been successfully tested through the courts,but others had not,and some presented serious legal issues. The Health Services Department has been working with County Counsel's Office on these ordinance provisions since November, and we have continued to stay in close contact with County Counsel's Office through the development of these recommendations. On February 10, 1998 the Model Ordinance was presented to the full Board, along with a report by Diana Silver from the County Counsel's Office on the legal issues raised. The Board then directed the Health Services Department, working with County Counsel, to report on various options the Board could pursue, with an analysis of the legal risks associated with the different options. The Health Services Department was also directed to include outreach to the grocers and to explore options including restrictions on alcohol advertising. MWMt W LUMO Yi+%*W a HOSM 000M - PU We Health - VAW W HaWd - Sub*V=Mun - En+dramnaekW HWM ContrtCOM HWM,ft" - EmaWoyMadkr SOVIxa - BomaHWMAgarxy GW&Voa A-345 (Z%7) Board of Supervisors Page 2 May 13, 1998 Outreach to Grocers Attorney Tom Powers facilitated a meeting on April 14 between Dr.Brunner and Beth Beeman,Vice President Local Government, California Grocers' Association; Joan Wilson, Government Affairs Specialist, 7-Eleven Stores; Gerassie Hall, Assistant Secretary Compliance Manager representing Acme, Jewel/Osco, Lucky, Osco Drug, and Sav-On; and John Handley, Governmental Relations Director,Northern California Grocers' Association. These representatives were clearly committed to keeping tobacco out of the hands of youth and curbing illegal sales to minors. They showed us a number of training videos and programs used with retail clerks in their store to reduce sales to minors,and a number of the chains they represent are known to our Tobacco Program and Coalition as exemplary in their retail tobacco policies. Nonetheless, the industry representatives acknowledged that probably one-fifth of the individual tobacco retailers in Contra Costa do sell to minors. The representatives were opposed to any restriction of in-store tobacco advertising, especially as retailers receive payments for this advertising from the tobacco industry,which can be an important revenue source for small stores. They also expressed concerns about how any provisions for licensing or permitting tobacco retailers would be enforced. They did not want a retailer driven out of business because the license was revoked for a rare or non-habitual incident of selling to minors. This group emphasizes education of retailers, and in the case of chain franchises such as 7-Eleven, the corporate office carries its own clout against franchises who are habitual offenders. Unfortunately, that clout does not extend to independent retailers, although a number of the representatives expressed their willingness to share their educational materials and programs. The industry representatives were not concerned about the outdoor advertising restrictions, and felt they could live with restrictions on tobacco advertising in store windows. The American Lung Association of Contra Costa-Solano, Merchant Education Project did its own outreach and survey of Contra Costa retailers,to assist in compliance with the request of the Board of Supervisors. The report of that outreach,prepared by DeLois Basnett, is included as Attachment 1. The Lung Association.conducted 11 in-depth interviews and five group meetings with merchants throughout the county. They found that tobacco sales were important to all the retailers interviewed. Some merchants reported that in-store advertising contributed important revenue, although other retailers refuse to display tobacco promotional material. Regarding licensing,merchants were more concerned about fees and "red tape" than they were about the actual concept of licensing. Some merchants expressed support for licensing as a way to ensure a "level playing field" for the merchants who refused to sell to minors. Health Services De artment Recommendations for Provisions From the Tobacco Free Youth Ordinance We have had extensive input on the Model Ordinance provisions from the Tobacco Prevention Coalition,community groups,and representatives from the retailers,and have discussed these issues several times at the 10 Committee and once with the full Board of Supervisors. In addition, the Board of Supervisors Page 3 May 13, 1998 Health Services Department has been working closely with County Counsel for the last six months on the legalissues involved, and has also consulted with the Technical Assistance Legal Center (TALC)which is funded through the California Department of Health Services to provide technical assistance to cities and counties with legal questions relating to tobacco advertising and promotion. Based on that input and discussion,the Health Services Department recommends that the Board of Supervisors adopt an ordinance containing the following provisions: I. A ban on all outdoor tobacco advertising within 1600 feet of schools,playgrounds,and libraries,except billboards. Billboards are currently covered by a voluntary ban on tobacco advertising within 1600 feet of schools. This provision goes beyond billboards, however, to ban all forms of outdoor advertising. The Board of Supervisors could consider including billboards within 1600 feet of playgrounds and libraries in this provision. 2. Ban tobacco advertising in the windows of retail establishments within 1600 feet of schools, playgrounds, and libraries. The only exception would be black and white (tombstone)advertisements informing customers that tobacco products are for sale inside. This provision does not ban point-of-purchasing advertising or advertisements inside the retail establishment that may be incidently visible through the window. That is an important exception,not only for legal reasons, but because we heard in focus groups and in meetings with industry representatives that in-store tobacco advertising can be an important source of revenue for small stores. 3. Ban the sale and distribution to mirrors of promotional items identified with tobacco brands. 4 Ilan self-service tobacco displays inside retail stores. Retail clerks will have to be asked for tobacco products and provide them to the customer. All of the large grocery chains and many other stores already implement this procedure, both to curb sales to minors and to eliminate shoplifting. 5. Require a license or permit to sell tobacco products retail. The cost for the license would be minimal, perhaps $5.00 per year, but there would be fines for selling tobacco products without the license. For the vast majority of retailers in the county, there would be no enforcement or compliance issues. However, if a retailer sells tobacco products to minors, the retailer would first have to undergo training,and for further violations the license would be suspended for a brief period and then revoked for up to a year for continued violations. We have included some draft language outlining provisions 1 -4 in Attachment 2. Attachment 3 is the ordinance San Mateo County adopted for requiring a permit for retail tobacco sales. We recommend that the language in Attachments 2 and 3 be used as a guideline, and that County Counsel be directed to draft an ordinance specific to Contra Costa County. Board of Supervisors Page 4 May 13, 1998 We are recommending these provisions from the Model Ordinance because we believe they go a long way towards furthering the policy of tobacco free youth, and at the same time are most defendable from legal challenge. These recommended provisions avoid the most significant legal difficulties outlined in Diana Silver's memo of February 5, 1998. These provisions have also been reviewed by the legal team and staff attorney of the Technical Assistance Legal Center, who conclude "the HSD's proposed recommendations should be defensible against challenges based on federal pre-emption and violation of the First Amendment, depending upon the actual language of the ordinance...TALC would be happy to work with your County Counsel to review and/or comment on any draft ordinance which you are considering." (Attachment 4). We have been working very closely with Diana Silver of the County Counsel's Office to identify these significant provisions of the Model Ordinance which would be most likely to prevail against any legal challenge. Other Model Ordinance Provisions Not Being Recommended by the Health Services Department at this Time 1. Restrictions on outdoor advertising within 2500 feet of"places where youth frequent". Both County Counsel and the Technical Assistance Legal Center felt that these provisions were quite broad, and by narrowing the definition and reducing the prohibited radius for advertising, the ordinance would be much more legally defendable. 2. Add "Community Centers" to the list of places youth frequent, and ban tobacco advertising within 1600 feet. This provision is a strong recommendation of the youth group, Tobacco Industry Gets Hammered by Teens (TIGHT). 3. Prohibition of point-of-purchase tobacco advertising. Again, both County Counsel and the Technical Assistance Legal Center believe that this provision could be difficult to defend. In addition, we heard from both industry representatives and small/ retailers that this provision would be onerous for them. 4. Prohibition of tobacco industry sponsorship of events with a minimum of 15% youth participation. Again,the legal consultants felt that this provision was too vague for clear enforcement and would be difficult to defend legally. 5. Conditional use permits for tobacco retailers. Industry groups were particularly concerned about this provision,and felt that it could pose an undue burden on business. This provision could also be difficult for all parties to administer. Restrictions on Alcohol Advertising in Addition to Tobacco Advertising The Health Services Department was asked to present options including restrictions on alcohol advertising. Dr. Brunner consulted with Chuck Deutschman,Director of the Community Substance Abuse Division, regarding this provision. The Board could chose to include restrictions on alcohol advertising as well as tobacco advertising in recommendations number 1 and'2 from the Health Services Department. Board of Supervisors Page 5 May 13, 1998 However,the issue of alcohol advertising has not received the same level of discussion and input from the Community Substance Abuse Advisory Board,for example,as the tobacco previsions have received from the Tobacco Prevention Coalition. In addition to policy issues unique to alcohol,there are also legal considerations that may be different from tobacco advertising,which have not yet been thoroughly explored by the legal consultants. If the Board wishes to move towards further restrictions on alcohol advertising, we would recommend the Board direct the Health Services Department to intensify discussions on this proposal with the appropriate advisory groups, and expand our consultation with the Marin Institute for Prevention of Alcohol and Other Drug Problems, which has done considerable work on alcohol advertising restrictions. Conclusions A few months ago the announcement of a National Settlement on Tobacco suggested that our ordinance in Contra Costa County might be irrelevant. The National Settlement included significant restrictions on marketing to minors, and might have even pre-empted local initiatives. Now, however, the tobacco industry has pulled out of the National Settlement, Congress is debating the provisions with no decisions in sight,and the tobacco industry is denying they ever targeted minors. Historically, tobacco policy has been made in the cities and the counties, and only then have Sacramento and the other state capitols followed. Contra Costa County has had an important role in bringing California and national tobacco policy this far. These recommended provisions of the Model Ordinance will further our goals of Tobacco free Youth in Contra Costa,and help show the way for the state and the nation. WB:ah Attachments AP'TACRM`.l~ S 105 Astrid Drive,Pleasant Hill,Q (925)935-0472 1-800-CUING-USA FAX(925)9356530 AMERICAN LUNG ASSOCIATIONe of Contra Costa-Solono April 24, 1998 TO: Wendel Brunner, M.D. FROM: DeLois Basnett SUBJECT: Outreach to Contra Costa Tobacco Merchants As you know, the American Lung Association Contra Costa/Solano is a partner of the Tobacco Prevention Project's in working to reduce youth access to tobacco. For almost two years, we have worked with TPP to determine what assistance merchants need to comply with the law. We have been working with the merchants to develop educational material for use with store clerks. Toward that end, working with TIGHT (Tobacco Industry Gets Hammered by Teens), we surveyed 115 stores in the county (about 1€1% of the merchants) to assess the level of access and advertising, to determine the kind of educational materials they would find most helpful and to determine interest in developing the tobacco-free youth ordinance. Summary of Outreach To comply with the request of the Board of Supervisors, we conducted 11 in-depth interviews with merchants throughout Contra Costa County. They represented gas stations, chain convenience stores, liquor stores and mom and pop markets. We also met with the Training Director of Lucky's corporate operation. The Tobacco Prevention Project has had several conversations with the Senior Vice President of Lucky's Northern Californiaoperations, who reviewed the Tobacco Free Youth Ordinance and provided comments. In addition, while the Tobacco-Free Youth Ordinance was being developed, we conducted five meetings with various merchants, including a group of 13 in West County and in each of the three police districts in Concord Following is a summary of the results of the comments from the in-depth interviews. Two merchants participated on the Tobacco Prevention Coalition's Youth Task Croup, which provided direction for drafting the Tobacco-Free Youth Ordinance. Financial Issues Two of the merchants refuse to display tobacco promotional materials. As a result, they report that they don't get any of the discounts or perks the tobacco representatives offer. The remaining merchants all reported that they do receive discounts and bonuses in return for displaying promotional material. One merchant reported that the tobacco industry provided greater incentives forself-service displays. Four merchants said these discounts and other When you can't breathe, nothing else matters' financial bonuses made a substantial difference in their businesses. The remaining merchants said the discounts were not substantial to their income. What was universally reported was that the overall sales of tobacco for all of these merchants, including the two that did not display promotional materials, was key to their business survival. At least two of the merchants - gas station owners - said it was their best selling product. None of the merchants interviewed claimed that any of their income came from the sale of tobacco to youth, they all claimed to be in compliance with the laws. All agreed that children should not have access to tobacco. Reaction to Licensing Merchants interviewed were more concerned about fees and "red tape" than they were about the actual concept of licensing, They expressed concern about insuring that there is a "level playing field. At the meeting in West County, merchants expressed support for licensing as a way to support merchants who are complying. Some of the merchants interviewed were concerned about a licensing requirement that only covered merchants in our county. Several expressed the opinion that licensing would not solve the problem of youth accessing tobacco. It is our opinion, in view of this information, that requiring a license to sell tobacco would be a compelling way to achieve compliance. One merchant, for example said that the bottom line is income and the only way to insure compliance is to have economic sanctions against merchants who sell to youth. Several other merchants interviewed agreed. In addition, a number of merchants pointed out that the only kind of training that merchants attend is that sponsored by Alcoholic Beverage Control. Although they claim;not to have time for training, ABC's is considered very important because the penalty for non-compliance with alcohol regulations is loss of one's license. Reaction to Advertising Restrictions Most of the merchants interviewed did not object to advertising restrictions, even to the point of not minding being allowed only black and white tobacco advertising . One merchant said he didn't mind restricting advertising but would object to removing promotional displays. Several of the merchants expressed concern about a level playing field and didn't feel it was fair to place restrictions only on merchants near schools. Some merchants pointed out that youth are not only near schools, so that restrictions should cover more than just stores near schools. Reaction to Self-Service Displays Many of the merchants said there seemed to be a trend to putting cigarettes in locked cases. Several are already doing this, including Lucky's. Several merchants said they believed there was a value in requiring a clerk intervention in tobacco sales. Again, they expressed concern about the level playing field. Source of the Merchants` Current Information All of the merchants interviewed have only one consistent source about tobacco and new tobacco-related laws. They all report that their only regular source of information is from tobacco companies. Because they are getting biased information, it is our opinion that they do not understand the role that advertising and promotion of tobacco and access play in encouraging youth to use tobacco. In fact, several merchants expressed the opinion that advertising doesn't matter. ....._.... ........ . 1111 ..... ..__._...... ......... ......... ................. . ......... ......... ......... ......... ......... ...... ......... ......... ................ _. . ......................................................................................... ................................................ ATr'ACHMEW 2 I. PROVISIONS BEING RECOMMENDED AT THIS TIME A. REGULATION OF TOBACCO ADVERMING L.Publi y Visible Advertising a. 5umrnaryLThe ordinance would restrict advertising of tobacco products in publicly visible locations within 1,600 feet of schools, parks, playgrounds and libraries, except billboards wich are covered under the Voluntary Agreement in place in Contra Costa county in 1998. Publicly visible locations would mean any outdoor advertising display that is visible from any street, sidewalk or other public thoroughfare, including sides of buildings, free standing signboards, fences, poles, mobile billboards, and motor vehicles whose principal purpose is the advertising and promotion of tobacco products. It would also include locations inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or other public thoroughfare. Exceptions would be provided for commercially and industrially zoned areas of the unincorporated areas of the County, advertising inside retail establishments not publicly visible from the outside, product packaging and generic black and white advertising. b. SuggestedIia gunge for inclusion in the ordinance: 1. No person or entity shall place, establish, keep, maintain, or locate any sign, poster, placard, device, graphic display, or other form of advertising for any tobacco product in a publicly visible location located within 1600 feet of schools, parks, playgrounds or libraries. In this section, "publicly visible location" means any outdoor advertising display that is visible from any street, sidewalk or other public thoroughfare, including sides of buildings, free standing signboards,fences, poles, mobile billboards, and motor vehicles whose principal purpose is the advertising and promotion of tobacco products. 1 Publicly visible location also means any location inside a commercial establishment immediately adjacent to a window or door where such location is visible from any street, sidewalk, or other public thoroughfare. Advertising for any tobacco product includes pennants,banners, balloons, or similar devices advertising tobacco products, whether or not any written, printed, or delineated message is affixed. 2. Exception to the above requirements is provided for: (a)Billboards covered under the Voluntary Billboard agreement in place in Contra Costa County in 1998. (b)tobacco advertising inside a commercial establishment, unless such advertising is affixed to, leaning against, or otherwise in contact with any window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare. (c)advertising or promotions on tobacco product packaging, (d)generic tobacco advertising in black and white without graphics or brand logos. (e) signs on businesses that sell tobacco products which identify the business by name. (f3 taxi cabs AC Transit vehicles Contra Costa CoYnV Transit vehicles. SALE AND DISTRO TTION OE FROM-01LONAL ITEMS a. Summary:.The ordinance would prohibit the marketing, sales or distribution of items identified with a tobacco brand to minors. 2 lam.Suggested langlmge for inclusion in the ordinance: 1 Sale and Distribution of Nontobacco Items, No manufacturer, distributor, or retailer of tobacco products may market, license, distribute, sell, or cause to be marketed, licensed, distributed or sold any item(other than tobacco products)or service to a minor, which bears the brand name(alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification identical or similar to, or identifiable with, those used for any brand of tobaccoproduct. B REGULATION dF REIAIL QU i FTS 1. Prohibitigg Seff Sermice Displays a. Summary. The ordinance for tobacco retailers would prohibit self service displays and would require tobacco products to be kept in a locked case until sale by means of employer assistance, bSuggested language for inclusion in the ordinance• 1. It shall be unlawful for any person, business, or tobacco retailer within the unincorporated areas of the County to sell, permit to be sold, offer for sale, or display for sale any tobacco product by means of self-service display, rack or shelf that allows self-service sales, or smaller counter-top displays for any tobacco product that allow other than vendor-assisted sales. 2. All tobacco products shall be offered for sale exclusively by means of vendor/employee assistance, with tobacco products in a locked case requiring employee assistance to retrieve the tobacco products. c. Other Rationale 3 A ban on self service tobacco displays is a straightforward, low-risk method of addressing the availability of tobacco products to minors. 2. Licensure of Tobacco Retailed a. .Ummaa: Require a license for the sale of tobacco products, as an add-on to the regular business license. A modest annual fee will be charged for the license, at a rate to be set by the Board of Supervisors. A license will be issued to retailers which have maintained a good track record (need to Ae me good track record i.e. they have not been creed for selling to minors in# e s of complying with the state law. A license will be suspended, revoked or not issued at all if the retailer fails to comply with the state law, such as Penal Code § 308,which prohibits tobacco sales to minors. b. Suggested language for inclusion in the ordinance: Attached is the ordinance adopted by San Mateo county for permitting tobacco retailers, which we propose as a model. 4 ............. ....... Apr--20-9$ 02:09p American ..... un Assac sFsm - ------ AN ---------- AltA�CMEM VUNW OF SAN MATEO 1NnRDEPAPnmNTAL coRmFoNDENcF Ter. H"Wable,Members board of SuperviSM3 hvw. Sumvism Tom HtwMaws Sabjwt- PMMU For T*bscco Reuders RZC0bftMAT1014--ADOPT AN ORDINANCE REQUMNO PEWNS WHO SELL TOBACCO PRODUCTS TO OBTAIN A T011ACCO AETAJLM PUMT. LWt h4roduced an ordhow that wwW req=w an rtUdm, md ofid is wbo s4 or oft for stale tobow products toobujin a tobw ,w tgwjkn pc it, SubsequOt to the infta&wtion oft a ovdkm=,I A7At vvi*wvftld retaffer Assoctmew,Sa&,Way, CSfifM"C"OeftS AnOciatita.7-EICIAM Skwefr,and dw Nor*m.C"mi,0,.ftft ASW914690,to discun thm comem with the pmpomd oWwanw.The made X"W hdPfW ft9P$*W tit btfim W111 tSSW to maidat both*0 0, -01 esti@110 gg.11�1! of the amunwe l"S of a bank for the retailers.Accordiqly,I am now reiftodwft the wftawo. the followmg Suggesnow"M the r0awars,tbw.8)the Uw"Wadq Pftm*tot be no ovater tham S25,U)*t permit be eaxtivt ibc s yew,c)%e sffecdg dut of die od'nsm*be&-'&Yed to SePtembe'r 1, 19",(A CMPVMift W ftir T04WA),d)*fto be fr"Ati*u M*0 6C60"tdM Oft 4,PfrWit fir nontovVfixeme, d,&)&90TAkSMO-A*A&t COMOSWO CWCkS WWI*with the PrOViSiOUS WaUintd in BUSinftS mod Profssions Co& Wd=22952, 09-SUke Act'). The othtf vitntwas of PrOposed Wdinow music the Mo.If it is 4CUMbWd by the HS"DVWUWM the a pt=h Wder bas,Mdeed sold tobww pto&=W I MMOL*=the MMA Can be vopended for&ffiU*VM06 Of time dOP*Xbnr,on the nuMber oft dream is &=d to be If A,pasm ofiers to MU tobwo prodixu with WA a VOW Pft=t the i"Vi"end be s act to SO AdMinistmdve fiw ranSing ftM&S100 to$500 depending WM the M=ba of days the Wb*gw its GV of*rtd for so*wit a pew*. As the Ejtvis i 1 i to Hirth Divisim of the*Iftft Sft-Wcft Age!my Will be pe mo =d'"O'ng**"Mt*,OW fft f"tv P=ft WM bra iucbxW in EUV400MOMW Huhh's $1413t,00 fey W600Ct whit Will be bWu&to"Bmd for sa awadmwt.&MrounwaW ,,aan mktsgft&64 tbt fit tate ft P=h is to be S25- MAN VJ99V1404 whi(ft isnot ;ncbAd" thift—the b04Y Of*t orditmwe is a the adoption of"good r jewSmitim pmVelli"in Whwh to who bove,a good permit omplivow reowd will recem public mopom by t1u. Bond.I AM SUPPortiv*ofwb a progrun and will ask this Board to honor vx=pWy reWlen on"&year, If*JiS BOW4 4*=the PROPO"d M*ax=I WMW meomaead dW d9j Bwa fto= OW 96&Of t*cities Z SM Mate*Cauaty adopt , ovftmm requirJug such&pergul,SW dixt the permit be isswd aad.if wcesswy w"Mwed. Ere" cc: John L.Mold e,Cour mawqw ING Magam Taylor,Owector of HW6 Sem Apr-20--96 02:09P American Lung Assoc SFSM P.03 APR-13-1 ! W-11 brA. VLA'VW ur ORDWANCE N0. BOA=OF St3PM VISORS,COUNTY OF SAN MATER,STATE OF CALIFORMA as • ss +� wr +� AN OR ANCE ADDING CHAPM 4^SECTION'S 4.9.I004.Wl" TO DIVI4N 4 OF TW UN DATED COUM ORDINANCE CODE ZSTABLU01ING TIM REQUIRE14 WWW OV A PERMIT FOR Ttl ACCO RLrTAHJM WB RE;AS Penal Code lemon 301(a)prohibits the sack of Lo co products and paaacp. to a minor and only a tout of 14 persons have been oited in the last dace yearns is Sari Mamo C M fot tdta sale oftobacco ptoduas to a sum;and VVHER AS► moan than thrix million mmm consume wre tbm%7 nalbon packs of ai onettca ma%wRy in the Unite States and over 29 million pub ofcipmun are sold to Cslifil,1. Tian ebikiam armally;and NMREAS nearly 93 pammu of all tobacco ums start well before tho age of 2It sued tbo &vamp child moka staved at ager 13 and waa mmking day by 14 h;and WREREAS this County has a substantial interest in reducing illegakl yaks of tobwco procducta to pew umder 19;and WEEAS*v togwvmm for a wbacco reWeers permit-wig not un&dy bwdm igedmate busiam ac d moues of rouilera of tobac oo to sell cid on a msail basis;and WHEREAS*e purpose of this oxUam a is to ptvat the unlawful sale or disuibution of u"cm its m am=aid the unlawful purdum or pos mssacm of totmwo products by a anrd WIMREAS The Board of Super wore of the County of San Mateo.State=of Ca lifotr* ORDAINS an;follows: Apt- 20-98 02:09P Amavican Lurgip Assoc SFSM P.04 WW-13-I`. W iV'Jl Zflk. iii' -wr OkirLxl-, " 4 .1. 4.9$,sections 4.99.100-4.98.160 we added to Divisionof the Son li County C)r Asace Code awl SMU rod as falktws: air 4A Tarn Resler Permit 4.93.100 Requirwamt For s Pa i dt.A fftr Uptember 1, 1999,it shall be unlovfW for my ratailerr,ukUvnh&d,or entay to nU or oftr for sale any tobacco pcodvots wi*out first abuiaing and msi�ag a valid wbwxo retailer's permit fi=San wo,Cowty for each loeshon v4we such sales ate coaftda& Peanuts am valid for(5)fiver yews and shall be ra ww ad every(5)five s'c'am 4.Wl I$Agpficatiitt Prot d+em Apolicstion for a tobwoo retailer's pemat s bit>cwboxined in Ott rim e,of the entity or pawn proposing to conduct re►toil tobww s&W era the b>ainerrw ptonim and shad bac signed by such pawn ox an arothnriaed a&=tltrare of.Au appfioWous slate be submitted on a foga supplied by the Sear MSMO County Health Secviccs AgenCY and'corttaltt the folloling 1. The m+oaae,area, ate tine number off tbe appii,cat,t. bwaness now,address,and telepbomc number of Cwh visa t wheat tobocto is se u iled;and 3. Such carr infindac>f Won as the Director of the Heath Services Age acy or has or her de�igrars daerm�es. 4.98.120 015PU7 of Pft-MirR. UPM roe*of an applica000 for a tobtteeO rewler's pemik dw Viinewr or his cn her ci Vm shad issue a permit which mot be Vr=UmmUy 03played at the locstim wh=tobum retail sales we conducted. 4.9&130 Foam for Pera t The fee fbrr a tobacco retular's permit shalt ref s the cast of processing the paAmft sand dull be conwhi cd m Qmdnmx*Code action',5.2,12.0:030. 4.9&140 Permit is I+vats nsfarsbft The tobacco xemi er's permit is : ,, asknW.In anis ervra u.a strew tatacco recoil peat will be imuaed fox ft new address qpw telt c f ut Vpficat ou for ehaSe of Mott. The pa mit will rudn urge>Sam mon daft as the VreVx=orae. 4,90.139 Sw den*ad Revowden of Pana#. (a)Gsao s lbrr Sospeasim A green►retailer's pout w y be mupended,as set below in sotbdivisiorn(b),by the I1immrofHealtlr Servkm or his oar her deftwe Wins findings.after todce and aha riun4 to bre baud that: (1)the pe tate or his or her=Vk* a sells,givm,or in any way fitrnidws to a.person v6o is under the so of 19 years any tobacco, ciguetak or curate pqas,or any prtissr prepwation of tobascaa, or say O&W isduum nt our pacap mmalia brat is dwiped for the Apt^-20-98 02 : 10P Amer— ican LLunuAssac SFSM P.05 F� 14--1 to*J4 Q%N. yr AA ..,v Y WV.w. v.w .. _. smok%or iio soion oftoba=or produtc Prepared from tobacco;aid (2)the CVWW=used to make*9 fmd4 in(1)Was C►bUined in COMHUM with Busiam ad Pt+o&ssions Code Sectiost 22952 and wy meuladon Fum$ ted there"uatder. (W)Tim Pt rod A(Suspeasion of l onwt. (1)Upon the first time ddt the fhaltb Maw or his or her dcaiVM WAk"the:fadings seri Lath to sudiv sioa a(l)and(2)' dw permit to sale tobacco,products AW2 be suspended for up to 34 day-S.Haw ,prim'tar imPasing ft WVNWOA,the Dirtaft of Reath Savices or!us or:bar designee%W by letter advise p ermi at that if permittee trzi zs all as ks ewpkyees at the k cafm Of the sate is*0 lava PWUWA9 to the nit of Wbatceo products to auiums and techniques m casm Amn conVastme wi*said lam thus atusgMIWU wiR slot go into dfilet P'ea MUCC mug Ek with tlw Dk*cWr of He l&Services,within 30 days of the issuance of the 1GrAr Aftigift permittee o€fts.an adf`idai-t signed by pervam' aad the alar said tragi has been Oomplawl. It pm miteac fails to tidy submit the affidavit,DiwW of Heath Services or bis or brat deli moil!notify Permittee that the permit is susp d fru up to 30 days. ys. (2)Upon t*swond tiame that the Heaft 13kecw or his or ber des> eus makes the findings creat IoM in subdivifion a(1)and(2) VAthin twelve Mca t of the first dttussminatii©n,the permit to sell tobacco products"but sided for up to"days. (3)Upon the third and sub subs ow time Hertel rho Health Diraccor or iris or hes d+csi ta>*ts the findings sort forth in subdivWos ak(1)and(Z) with er twelve mandw of the prior +it in a,the paxmlt to selle tobacco producu&WI be err upumded for up to ons yea. (3)AppMl a:tSwps►as m. The dmam of the Mor of Hesith Servim or W or bcr u sit aet is appealable to Hast Board of Supetviwxs=d shall be head as lie hearing. 4M.160 A+daih bb-advo Fi w. (a)Grin For 1pme,Upon ffaWiw node by the Mona of Health Strmoes,at ba or beer da s Tom,i ViAuaL at em*who is owner of a retail (1}u3c�at!creat ai��f til+ar`'s pua*tnit:iaad (2)offirs for sack auy tobacco,cigarette,or cop is to pis•or sny odw pcespa at on of tabomoi or ww odw i=iarew at paras'zeu afia xb is desigmd for the smobitw or il3pTuon of wbacco'or Ducts peepared from m toba=. Apr-20-3$ 02: 10P AmOvica n Lung Assoc SFSM P.06 `i'm retailer, i v dual,or entity who is owm of a retail amNishownC slsuall be subject to a scb** 11 * finc as foie : (1)A fmac not exceedWg one hundred dollars($100)far a fixe:vim. (22)A ame not e=eeding two hid dolma 20for a second violates. (3)A fiat no emmeding fivc hwAvW dollm(SSW)for the third and subsegatat viols cros. Esch day tl>ust tobaco ptoduM are offend for sole wi*+art ar pe=t shill mmMe s sopmeft viobdon.A finding cif"offCx*fir soler will No made if these voba=Vmdocts a=actuaRy sol ad or displayed in tbo retail tsahrb—"9 (b) lures. Num of ft fm"be;wed on the tette.indlvidaaL or entity who is VWW Ofttua by+rt; b iod dap dL The aotim co ax an advice+oaf the right to nquest a hewing bet dw Dke=of Roft S+emms or ba or her desipme matesting the ions of tiro Am Sud hewing uum be req�mes d within tuns►days of the date of the no&a of the Vie. (c)Apped to Mmdt4W Court. Any fuse meed by the Director of HeWth Searvic a or ber dot sMU be Vpealed 10 ft munkipal court. (d)Farrar to ray ft*. If said fuse is not paid within 34 days from the date of v ailing the no c e of*c fim or of the notice of`da rmiz of*c Haft Director of better Lis desipm aft the bxmdr46 ft Am"be:+rftAvd to a cQUaction agency with in of am"to the County. in o dd€don,W vmtandiAg r=3'must be VWd prior to the isame of any pmt by*m,Son Mom County F.tvi wmea s!Ream Division and Fnk onmenw Samecs DivWon. cM 2. This ordinance sherd be etffe cfive on September 1,IM INC lrsveaesuttet .wto TUTA.. P.0 A _.._ ATTACRYIDIT 4 PUBLIC HEALTH I NST I TUTE Technical Assistance legal Center Legal Team Via Federal Express Stephen R.Barnett Boalt Hall School of Law UC Berkeley May 11, 1998 Stephen McG.Bundy Boalt Hall School of Law UC Berkeley Wendel Brunner,M.D. Michael G.Colantuono Richards, Watson&Gershon, Public Health Director P.C. Centra Costa County Health Services Brion Fox Institute for Health Policy; Department Studies, UC San Francisco 597 Center Ave., Suite 240 Marc B.Garber Martinez, Martinez, CA 94553 Ellen J.Garber Shute,Mihaly& Weinberger Andrea J.Saltzman Meyer,Save,Riback,Silver Re: HSD Recommendations to Board of Supervisors re Tobacco-Free &Wilson Youth Ordinance Stephen D.Sugarman Boalt Mall School of Law UC Berkeley Dear Dr. Brunner: Advisory Board Serena Chen On behalf of the Technical Assistance Legal Center, enclosed are comments on American Lung Association Contra Costa Count Health Service De artment's recommendations to the Board o of Alameda County y p Marqueece Dawson of Supervisors on a"Tobacco-Free Youth Ordinance." Community Coalition for Substance Abuse Prevention Leslie Fiedler The Technical Assistance Legal Center(TALC)is a new resource for California Kern aunty Dept.of Public Hearth communities which are considering local ordinances to regulate tobacco Malcolm Hunter advertising and promotions. TALC is funded by the California Department of Richmond City:Attorney Nora Manzanilla Health Services to provide technical assistance to cities and counties with legal L.A.LINK questions relating to tobacco advertising and promotions controls. Carol McGruder San Francisco African American Tobacco-Free TALC's work is guided by a Legal Team of Boalt Law School professors and Project James F.Mosher lawyers specializing in local government law and an Advisory Board representing The Marin Institute for the community organizations and local government. The Legal Team provides Prevention of Alcohol and expertise on legal Issues such as the First Amendment, federal and state Other Drug Problems Gwenn Norton-perry preemption, and local government authority. Please see the enclosed Project Bal State l HealthUniversa Institute Description for more on the organization's purpose and services. Cal State University- San Bernardino Doug Robins You have asked TALC to comment only on the concepts recommended by the Tobacco Control Section CA Dept.of Health Services Health Services Department(HSD), not other policy options. Additionally,TALC Ann Miller Ravel is onlycommenting on the proposed ideas, not specific ordinance language. We Acting County Counsel comp Santa Clara county would be happy to review a draft ordinance at a later date. Stephen D.Sugarman Boalt Hall School of Law UC Berkeley 1. Overview of Other Ordinances Elva'Yatiez/Cynthia Hallett Americans for Nonsmokers' Rights Contra Costa County is one of many communities in California and nationwide considering ordinances to restrict tobacco advertising that is targeted toward youth. 2001 Addison St.,2nd Floor,Berkeley,CA 94704-1103•Phone:(510)540-8585•Fax:(510)649-7894 Wendel Brunner, M.D. May 11, 1998 Page 2 In 1994, the City of Baltimore restricted tobacco and alcohol advertising except in business and industrial zones. Baltimore's ordinance was upheld by the Fourth Circuit Court of Appeals in a decision which the Supreme Court declined to review last April.' The State of California passed a law prohibiting tobacco billboards within 1,000 feet of schools and playgrounds(Business& Professions Code § 22961, effective lil/98). This law specifically allows for the enactment of stricter local standards. Elsewhere in California, the cities of Compton,Long.Beach, Oakland and Sar(Francisco have passed ordinances restricting tobacco advertising. California communities which currently are considering ordinances to regulate tobacco advertising or sales include Los Angeles, San Mateo and Santa.Cruz Counties; and the Cities of Berkeley, Covina, Los Angeles,Pasadena, San Diego, San Jose, and San Mateo. Nationally,Baltimore, MD; New'York City,NY; Albany, NY; Chicago, IL; Cincinnati, OH; Tacoma-Pierce County, WA;King County,WA; and the State of Utah are among the jurisdictions which have restricted or banned tobacco advertising. Please see the attached "Comparison of Tobacco Advertising Control Ordinances"for more information on restrictions enacted by other jurisdictions. Additionally, proposed federal Food and Drug Administration(FDA)regulations would ban outdoor tobacco advertisements within 1,000 feet of a school or public playground and require tombstone ads except in publications with a youth readership or in adult-only locations. A legal challenge to the regulations is currently on appeal. A decision by the U.S. District Court in North Carolina held that the FDA does not have the statutory authority to regulate the advertising and promotion of tobacco products. The Court did not rule on the First Amendment issues, however. When ordinances restricting tobacco advertising have been challenged in court, plaintiffs (the tobacco industry, advertising companies and grocers)have asserted violations of federal preemption and the First Amendment. Ordinances in Baltimore, MD (see footnote 1)and Tacoma-Pierce County, WA'have been upheld in lawsuits based on these challenges. Lawsuits F .Penn Advertising v. Schmoke,63 F.3d 1318(4h Cir. 1995),vacated and remanded, 116 S.Ct. :2575(1996),aff'd 101 F.3d 332(4`�Cir. 1996),cert. denied, 117 S.Ct. 1569(1997). 2 Coyne Beahm,Inc. v. FDA,966 F. Supp. 1374(M.D.N.C. 1997). 3 Lindsey v. Tacoma-.Pierce County Health Dept., C97-5076RJB,W.D. Wash. (1997)(case dismissed after two rulings in favor of the Health Department on First Amendment and state and federal preemption challenges on cross-motions for summary judgment). Wendel Brunner, M.D. May 11, 1998 Page 3 have been filed against the ordinances in New York,NY 4 and Chicago, IL'; both suits are pending. None of the tobacco advertising ordinances in California has been challenged in court. Because the U.S. Supreme Court declined to review the Fourth Circuit's decision in the Baltimore case, Baltimore's Ordinance 307 is a safe haven for other municipalities that emulate it in future ordinances. This letter analyzes the HSD's proposed recommendations in light of potential legal challenges. This analysis is opinion and, of course,not a guarantee against litigation,nor that the County would prevail should litigation occur. lL Federal Preemption The Federal Cigarette Labeling and Advertising Act(FCLAA)prohibits local;regulations based on"smoking and health.!' The FCLAA also mandates warning labels on cigarette packages and prohibits cigarette advertising on television and radio. In the Baltimore case, the U.S. District Court and the Fourth Circuit found that a local ban of tobacco billboards is not preempted under federal law based on independent two rationales: 1)it is not preempted if its express purpose is to advance a goal other than health, and 2)it is not preempted if it only restricts the location of the advertising and does not regulate the content of the advertising.' Thus, the proposed Contra Costa County ordinance will not run afoul of the FCLAA's prohibition so long as 1)it is aimed at reducing illegal youth access to tobacco products(or another non-health-related reason) and 2)it limits only the location of tobaccoadvertisements, and not the content of the advertisements. The goal of the ordinance should be stated clearly in the"Purpose" section. IH.Regulat on of Publicly Visible Tobacco Advertising The HSD is recommending a prohibition of publicly visible tobacco advertising with 1,600 feet 4 Greater New York Metropolitan Food Council, Inc. and the Advertising Freedom Coalition v. Rudolph W. Guiliani, et al., S.D.N.Y.,No. 98Civ.0251 (1998). S Federation of Advertising Industry.Representatives(F.A.LR.)v. City of Chicago,et al.,N.D. Ill.,97 C 7519(1997). 6 15 U.S.C. §§ 1331-1341, 1965. Donald W. Garner&Richard W. Whitney,Protecting Children from.Joe Camel And His Friends: A New First,Amendment and Federal Preem ti n Analysis of Tobacco Billboard R.e lation,46 Emory L.J.479, 571. Wendel Brunner, M.D. May 11, 1998 Page 4 of schools,parks,playgrounds or libraries. These regulations should be defensible against a First Amendment challenge. The U.S. Supreme Court standard for analyzing the constitutionality of commercial speech regulations is the four-part test laid out in Central Hudson Gas& Elec. Co. v. Public Service Ccomm'n of New York,which was applied to uphold the City of Baltimore's ordinance restricting alcohol and tobacco advertising. In Central Hudson, the Court stated that advertising regulations are constitutional if: 1) the speech concerns lawful activity and is not misleading. 2)the government interest is substantial, 3)the regulation directly advances the governmental interest asserted;and 4)the regulation is no more extensive than necessary to serve that interest.' The first two prongs of the test are easily met as courts have concluded that 1)',tobacco advertising concerns a lawful activity(tobacco products are legal for adults), and 2)there has been little dispute that the governmental interest in preventing illegal youth access to tobacco products is substantial. The key portions of the Central Hudson test are, therefore, the third and fourth prongs which determine whether the ordinance will advance the government's interest and whether the restrictions are narrowly tailored to achieve that purpose. The proposed restrictions on tobacco advertising meet the third and fourth prongs of Central Hudson for the following reasons: A. Narrowing the definition of"areas where minors frequent"to schools,parks, playgrounds and libraries addresses both the third and fourth prongs of the Central Hudson test. Targeting the ordinance to areas where youth are likely to be ensures that the restrictions on tobacco advertising will advance the government's substantial interest in discouraging minors from engaging in illegal activity(third prong of Central Hudson)by reducing their exposure to publicly visible tobacco advertising. Additionally,by narrowing the definition to a finite list of areas,the ordinance is narrowly tailored to advance the government's interest in reducing illegal youth access to tobacco products (fourth prong of Central Hudson). B. Reducing the prohibited radius for tobacco advertising from 2,500 to 1,600 feet addresses the concern that the provision may be more extensive than necessary(fourth prong of Central Hudson). The proposed ordinance restrictions are not likely to constitute a total ban on $ 447 U.S. 557 (1984). 447 U.S.at 566. Wendel Brunner, M.D. May 11, 1998 Page 5 tobacco advertising. Tobacco advertising outside of the 1,600 foot radius would still be allowed. Additionally,tobacco advertising still would be permitted in newspapers,magazines,direct mail, catalogs; the Internet, and a variety of other means. To ensure that the restrictions do not constitute a total ban on publicly visible tobacco advertising, the County should determine the number of sites which remain available for tobacco advertising. For example,the result of the City of Baltimore's ordinance is that some 3.5 percent of its billboards remain available for tobacco advertising. Similar results have been reported from ordinances restricting tobacco advertising in San Francisco and Oakland, which seems to indicate a permissible level of regulation. C. Allowing retailers to use generic black and white advertising also addresses the third and fourth prongs of Central Hudson. Tailoring the restrictions to eliminate the graphics and imagery appealing to youth while retaining price and availability information for adults demonstrates a"reasonable ht"between the government's interest and the regulation. An ordinance in Tacoma-Pierce County which allowed tombstone advertising was recently upheld against challenges based on the First Amendment and federal preemption."' The HSD's proposal to restrict publicly visible advertising extends to tobacco advertising that is inside a retail store but which can be seen from the street. Similar prohibitions have been included in the ordinances passed by San Francisco,CA; Tacoma-Pierce County, WA; and New York City,NY. As mentioned above, the Tacoma-Pierce County ordinance withstood legal challenge and New York's ordinance currently is being litigated. Although the County currently has a voluntary agreement in place regarding tobacco billboard advertising in the unincorporated parts of the County,TALC recommends that the County codify this agreement through an ordinance to ensure compliance and enforcement. IV Regulation of the Sale and Distribution of Tobacco Promotional Items The HSD is recommending a prohibition on the sale and distribution of tobacco promotional items to minors. As with the publicly visible advertising restrictions, this provision is targeted toward minors. Limiting the prohibition of tobacco gear to minors should ensure that the restriction meets the Central Hudson test. The restriction is designed to prohibit youth access to tobacco-related 1° Lindsey v. Tacoma-Fierce County Health.Dept., C97-5076R.JB,W.D.Wash. (1997). An earlier ordinance in Preston,MN,which prohibited all point of sale tobacco advertising but allowed tombstone ads was struck down in Chiglo v. City o Preston,909 F. Supp,675 (D.Minn. 1995).The district court held that the ordinance was preempted by the Federal Cigarette Labeling and Advertising Act(FCLAA)because it regulated"the content of advertisements". This decision predates the decision in Tacoma and is inconsistent with U.S. Supreme Court and California Supreme Court decisions on the scope of the federal preemption under FCLAA. (See Cipollone v. Liggett Group, 505 U.S. 504(1992); Mangini v. RJ Reynolds Tobacco Co.,7 Cal.4`h 1057(1994)). Wendel Brunner,M.D. May 11, 1998 Page 6 products and does not impact the sale or distribution of such products to adults. Proposed FDA regulations prohibit the sale or distribution of hats, t-shirts,or any other items identified with a tobacco brand. The regulations are designed to prevent youth and adults from becoming walking advertisements for tobacco products and to eliminate the appeal of these items to young people. As discussed above,the FDA regulations have been challenged and are currently on appeal.z T Many schools in California ban the wearing of promotional gear, including 4 known districts in Contra Costa County (Acalanes, Brentwood, Comte, Martinez). The California Association of School Boards has recommended that local school boards ban tobacco gear on public school grounds. There have been no known challenges to these policies. Nationally, three separate New York ordinances limit tobacco product promotions. New York City,NY,prohibits tobacco product promotions to anyone under 18 years of age. The ordinance is currently being challenged on other grounds. Albany, NY, and Rennselaer County,NY, prohibit tobacco product promotion within 1,000 feet from any school, playground, child day care center, children's institution, youth center or game room. V. Prohibiting Self-Service Displays The HSD is recommending a ban on the self-service display of tobacco products,requiring that tobacco products be sold with the assistance of a clerk. A self-service display ban does not restrict speech and therefore is not subject to challenge based on the First Amendment. Nor would a ban on self-service displays be preempted by the Federal Cigarette Labeling and Advertising Act. As of October 10, 1997, 184 ordinances nationwide,including 46 in California,prohibit self service displays." There have been no known challenges to these ordinances after passage. Additionally,proposed FDA regulations prohibit self-service displays. The self-service display ban portion of the regulations has been upheld,but implementation currently is on hold while a decision striking the advertising and sponsorship elements of the regulations is being appealed." i 1 11 Coyne Beahm, Inc. v. FDA, 966 F. Supp. 1374(M.D.N.C. 1997). 12 Americans for Nonsmokers' Rights fact sheet, 10/10/97. 13 Coyne Beahm, Inc. v. FDA, 966 F. Supp. 1374(M.D.N.C. 1997). Wendel Brunner,M.U. May 11, 1998 Page 7 VL Licensing Tobacco Retailers The HSD is recommending a license for retailers to sell tobacco products. Questions have been raised as to whether a local ordinance which licenses tobacco retailers and includes enforcement language would be preempted by California Penal Code § 308,which prohibits the sale of tobacco to minors. Although the HSD has not proposed specific language in this area, based on research into the legal issues, TALC concludes that CCC May enact an ordinance that 1) licenses tobacco retailers; 2) denies a license to a retailer who has been convicted of violating Penal Code § 308 within a year of the license application; and 3) authorizes the suspension or revocation of a tobacco retailer's license for violations of state law. Such an ordinance would not be preempted by Penal Code § 308 because it does not duplicate or contradict the state law. Instead, the proposed ordinance would be". . . intended to discourage the activity proscribed by state law", which is selling tobacco to minors.14 As of October 10, 1997, 223 ordinances licensing tobacco retailers have passed nationwide." In California, the County of San Mateo recently passed an ordinance requiring a permit to sell tobacco products. Prior to San Mateo, the City of Rancho Mirage was the only California community to have passed an ordinance requiring a license to sell tobacco products. The Rancho Mirage ordinance was challenged and upheld (see footnote 14). A number of other cities currently are considering licensing tobacco retailers, including San Mateo, San Diego and San Jose. VII. Other Ordinance Elements Any ordinance adopted by Contra Costa County should including the following elements: Findings -A key element in an ordinance to restrict tobacco advertising is findings justifying the need for the interest. These legislative findings become part of the public record and will be looked at by a court to determine whether the asserted governmental interest is, in fact, substantial and the regulation is designed to advance that interest (prongs two and three of Central Hudson). In other words,what is the problem?And does the ordinance remedy the problem(s)that is stated in the findings: As mentioned above, the findings should not be health-related and should instead document the justification for protecting minors from access to tobacco products. • Purpose- the ordinance's purpose, like the findings, is crucial in establishing that the government interest is substantial and that the ordinance is designed to';advance that '$ Brava Vending v. City of Rancho Mirage, 16 Cal.AppAth 383,412 (1993). '5 Americans for Nonsmokers' Rights fact sheet(10/10/97). Wendel Brunner, M.D. May 11, 1998 Page 8 interest(to meet the Central Hudson criteria). Any ordinance adopted should include a purpose statement,which also should rely on a non-health-related rationale. • Definitions - key terms should be defined in whatever ordinance is adapted. • Enforcement/Penalties w any ordinance adopted should include specific enforcement authority and penalties for violation. Examples are available from other jurisdictions upon request. VIII. Conclusion The HSD's proposed recommendations should be defensible against challenges based on federal preemption and violation of the First Amendment, depending upon the actual language of the ordinance. The HSD proposals follow the Central Hudson guidelines because they are targeted to areas where youth are and allow alternative fortes of advertising. TALC would be happy to work with your County Counsel to review and/or comment on any draft ordinance which you are considering. TALC is developing a briefing book on the legal issues affecting tobacco advertising regulation, and a model ordinance,both of which should be available in July of 1998. 1f you have any questions about these comments,please feel free to call me at 510-540-8585. Si cerely, L lie Zellers,JD Legal Director, TALC cc: Diana Silver Enclosures WPUBLIC ° HEAL INSTITUTE Technical Assistance Legal Center Project Description Communities are besieged with images portraying tobacco use as glamorous,exciting and fun, which contribute to the rising number of young people smoking. The Technical Assistance Legal Center(TALC)is a new resource for California communities which are seeking to change their environment through local laws to reduce or prohibit tobacco advertising and promotions. TALC is funded by the California Department of Health Services through monies received from the Tobacco Tax Health Protection Act of 1988 -Proposition 99 n to provide technical assistance to cities and counties with legal questions relating to tobacco advertising and promotions controls. The intended audiences for TALC's services are local elected officials; city attorneys and county counsels; local health departments; and community-based organizations. TALC can provide the following resources: technical assistance,by phone or in person, on legal issues arising from tobacco control ordinances and guidance on developing such ordinances; information on ordinances(California and nationwide)restricting tobacco advertising and any subsequent legal challenges to these ordinances; > a resource guide and model ordinance(expected by summer 1998) for cities and counties analyzing the legal aspects of.local tobacco advertising and promotions ordinances; and knowledge of current trends in tobacco control statewide and nationally as they affect proposed or future ordinances; and resource materials(to be developed) for communities pursuing ordinances and a clearinghouse of information on tobacco advertising and promotions ordinances. TALC's work is guided by a Legal Team and an Advisory.Board. The Legal'Team is comprised of Boalt Law School professors and private practitioners specializing in local government law. The Tease provides expertise on legal issues such as the Fiat Amendment, federal and state preemption, and local government authority. An Advisory Board is also being formed,with representatives from community organizations and local government. This Board. plays a crucial role in ensuring that TALC is responsive to communities' tobacco prevention needs. For more information,please call TALC at(510) 540-8585. We are happy to talk to you first by phone,but requests for technical assistance should then be shade in writing to assure that we fully understand your needs and respond in a timely manner. This material was trade passible by funds received from the Tobacco Tax Health Protection Act of 1988- Proposition 99,through the California Department of Health Services,under contract#94-20982-0354 2001 Addison St„2nd Floor, Berkeley,CA 94704-1103 • Phone:510.844.8200 • Fax:510.644.9319 R 78 o q 2yro7f t��,y�� 'lo °u O �Cn mm. N 10 L y. pQ•y,t d GS p ^ y Cc> 14 U C W O r 6.H T? 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R T.F..0 R < ias. Cisp#er:. AfCsi and I�rr�, 1"���;�ra����r����r��rrr�rr��er � ��e � dr�s.���a����e,��f��x1�s Q�` ars Casta rt.t°€e. t fir# €r �n 7b+ nsV€~V. � cr € y to d : sy an cc € in, t mrra lan a COtto .. ���f s� c� � ��ay� �n �egUl e i ������ � sal € : f �c��n er . � c c€ a bf��z��t� � �a��� c� �rertt��t�g t �� €�;�€�bI€ !y v€ bi�.�c� c .: a€ va # . � � � �' ��€��s i � fir� a�fia�� ���ire fc��1��€�� #� #�� ��f��€���n������ ��r '��rcrt��`� t������ z7'1���� 3t��r � �. Cay � t�ec�rr��nt +�#arn�ura+�rri .n#�r��ai#7cs to the tabac�es���y��u€i�cmc Contra Costa Tabes A St2, nd against The Tobacco Industry We, the undersigned residents of Centra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2. 4. 24!2ef 7 d 6. �j z» ° 6T Lb as f 7. 8. 9. &�4413. 4R 14. So 16. 17. C&LLN 5L �77 18. ? - �- 9. `- , r JUN 1 6 1 CLERIC BOARD RS CONTRA COSTA CO. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an endto the marketing of and easy access to tobacco to Contra Costa's young people.' Name Address City Zip Code Phone Number .o. l7 , i S4 � �377-2740/ 5. 6. t 7. 8. 9. 44o/ t Lopez 1400 As ?Ysd 10. L, lAlh Y---w &L-4�/ 5/- 02�15e-4'9-31 An Q 12, Ot M� oci 13. 14. 15� lb �Y, -to q&,i� 17, It 4 Bret 18. 19. l ? r �5a Antioch Takes A Stand Against The Tobacco Industry We, the undersigned residents of Antioch, oppose tobacco industry targeting of young people in our community. We request that our,community lenders take strong end immediate action to put an end to the marketing of and easy access to tobacco to Antioch's young people. Name Address City Zip,Code Phone Number Ste` 3. 4. Yi wf G _ `1 �v V 1 5. TC) itlfs o 75 7--&.5 1 8. 17 -.' `R - s /7 9. t � 10. ' - W4 14. ' is t. s 15. 16. 17 "r c ? 7vj - 19. Wt I s' r 20. 614-rz S '-Z4( Contra Costa 'Takes A Stand Against The Tobacco Industry We, the undersigned residents of{Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people.' Name Address City Zip Carie Phone Number 2. 'K40ir A'e te— OS C/L459F(n 6. 7. 1,Ok 10. I J"'( �` >, Ll;�,- y, j 's; u c"a �y 5 E .5w (TI°) *3;;z-313.(-' 11. 't v4 iv j 17 1 -A TL ' { j `� t 7, 12. st23c ' ' t Lt f Moe q () 13. d4ze 5 't 14. + 33 114-" ' - Z3 . <s s .. � e, 5V5-0C,- p { CT 19. # ) Jjit }d1L'✓ ,t, � . caw! ,? { 41"40e 'f Pittsburg Takes A Stand Against The Tobacco Industry We,the undersigned residents of Pittsburg, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Pittsburg's young people. Name Address City Zip Code Phone Number 2. 3. 4. 5. A4- ,cam dt 6. 8. *tee a ' - c.•.— ,` 33e. � -- C,11. ` E 12. 13. - 2 L 6.>[-wov 0 1-4s'1014. Glk� 15. : ' \t f , 16. 17. ✓ -- c; 18. f ell 19. l� ii 'a c; fir, r _ Concord Takes A Stand Against The 'tobacco Industry We,the undersignedresidents of Concord, oppose tobacco industry targeting of young people in our community. a request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Concord's young people. Name Address City Zip Code Phone Number 2. V 3. r 4. y { 6. '' 't ' 7. p .tJ 10. C`'�C' CN.atvc-�Z #: 15. 16. 17, 18. 19. 20. Contra Costa Takes A StandAgainst The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2. LAt3. t6UA� 4. 5. . cr,'t (D` it err C f` 'tr t7 C �A�On OVIVI 7. . 10. c R ' ` q -------------- 12, 13. 14. 15. 16. IT 18, 19. 120. Contra Costa Tabes A Stand Against The Tobacco Industry Me, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 1. ' /� Y 2. 3. r 5. J21;i t V. ,3 J a L r 171 .,—g ✓ i X �/ rt 7. F�/ s 8. /;l � � �� •'J�' .�>Wit.(. `,t ��� 1��� i % �'' `� ,• � r ray �_ 9. 11, pl 12. 13. �63 &ev�L� do-,/) F, (,p 1 14. j , 2 7 15. M 16. 18, 19. 20. Concord Takes A Stand Against The Tobacco Industry We, the undersigned residents of Concord, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strung and immediate action to put an end to the marketing of and easy access to tobacco to Concord's young people. Name Address City Zip Cade Phone Plumber 1. }'� t Phi 3. } 4. . n 5. _ LIQ ' y VON& Merce'17 at s. 9. 2. C 11. Cj r- a 12. 1 )6`&a6 13. 14. 15. c rd,, 16.( Or S 0 PF 18. 19. 20. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Centra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an enol to the 'marketing of and easy access to tobacco to Centra Costa's young people. Name Address City ZipCode Phone Number 1. 2. 4. 5. 6. C4��Cy A� (I 8. Jf 12. Uunn G �-)fAt` �1_00 r,.�aryxgrz 1 A -6 4or 16. "W1me- CIA i 17. 7 t 18- _L 19. 20. /c��i iLC , / / Ji { f r1 �✓L {JY' ' 5 3 } ./ � 'r` . Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City ZipCode Phone Number 2. 3. 1 vet 8 :� � 4.) C 2 C'c/iC'0,a 2,0— 4. s. 'l 3 5. 7. 6- 1 jj T"Cfes rr✓ ����.. 9. �k i 10. to t nf - 4:7-C 7 11. 12. 14. a 15. v . , l ' 1'7. �62q 18. n" / 19. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and essay access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number ' 3. 4. 'Al S� 9S3S ��j 5' '21A ?AjL-_ I—to 6. MY- aw 44 &J& 8. erd M y� /J.Jj// rl-) 12. ` r, -- / fr 13: H14.' ` 15. 2, l5t t A -s' 4 GYd`Y2 Zc 16. ' -�- IT 18. 19. 20. r Contra Costa Tabes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our commodity. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number Y7 C 't 3. 4. A, , r , -4� S. z c A, l i 6. a ,I A- -r 8. f 1t7. -4,Loa ictt-5 6 /"d 12. 14. 15. 16. 17. 18. r i ll Car19. -- L4:-z,- w i 20. INN X11 (f C > .1JQ- qq � f Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 'u, 3. ��j S;O 2, 4. 1 �1 rIle, ry _ 6. 7. ' ` 8. kwc-P 64- eel r f f 10. 13. E L - 3 '� Y-, — 14. K"k `' - c� 1s. ! 16. 4z-��u C207�* 17. x 261 AL WON 20 Contra Costa 'Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders tale strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code phone Number 1. r. t asi1 St tJ 3 2. An'r AU A Off, 1 2704LCMD PL OA Ll I LO, C,Y:sa-S 101 4 Y, t - f 5. 7. 8,' l 9. I C3- ' 10. 11. 1 . Y * ecl / 13. 14. 1 15. rl.3 16. Cv-11,ttt- 17. 18. 19. � -`��`k�cs�.rs�•a c 1�r+•s m r,-; CS a.SZ 3 Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Centra Costa's young people. Name Address City Zip Code Phone Number 2. 3. J� 4. &WV�- q—b-Z,62 6. J. f V `•1J Of'� `I '// 8. 9. J e� `s = CA 061 'o. { 12. 11 I5. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip,Code Phone Number p k, M, 3. A2, rg&!Gr 09 tic I�Qajj F 4. .rt 5. <Pkkt ft-q ZI 7. 47 �---- 9. _ 1 , tev ' C, LiL52c X 2-5 -,Va 12. I/s 14. 16. i chcl�c yc1.,a nlwrro W 'csc+� 94-GC9 17. ir11 C;I 18, 4574. - 7 c 19. I q o. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. ri Name , j ; `'; Address city Zip Code phone Number 1 UA 3. ! 7. . // 1G_nl ( "/LC L�. /wl E✓ jrL .z:-<. Y:v - iG:L` 't. i f+ er - f S. � 6. 7. 7(2- Hill -. 0l63 $. Uv ' t, r 9. , ,�- ! r 4I � li 34f w// VU �Jff'-- `w. Y t '/ y✓.:7 1 J V•! .^4. „t 10. /,Lit "i (-Cezg. 4eO'-1 &A� 7 111! $ H. 12. _._. 14. 15. 16. 17. f , Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Cosh's young people.' NameAddress City Zip'Code Phone Number 1. 60v F. 2. JD { Ali 6. ' t, SSS e�',�s �� Wen'sC'A ` gSS-3 8. - , 9- o - .. k-z.. LA01` 553 m .-?' 10. ! �j i IL 'M lit2 o Ar 12. 4, Ail t .�.w' f ./ i 13. - lip,V-4-v 14. jr --------------------- } CY 17. pQ. i . v 19. 20. Contra Costa Takes A Stand . gaIn t The Tobacco Indo stry We, the undersigned residents of Contra Costa<CountYt oppose tobacco industry Of Youngstry targeting people in our community. We request that our community leaders faire strong and immediate action to Out an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone `umber 'W` + 4. 6. 7. $. r y r j eft —! 9. { o. CtU A 12, - z . 424 14, 15. 18. / f , 19. Contra Costa Takes A Stand ,against The Tobacco Indust We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number COA r o rd c)N (M lly- ?. Ski3 t_ { , 1 r Li Ljs- �r �1 -� off" . , s —CO f 13. . 15. d 'Tj QQ iw��ps +*J'� ( It ��} is B. #S2 t .+'`i 19. l L2o. ,< 1 ' Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2. 4. 6. 7. 8. 9. 10. _ 11. - 12. 13. 14. 15. 16. 17. 18. 19. 20. ........... ............... ................................................ ....................................................... . .......................... Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketingof and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2. 3. 4. 5. 6. 8, 9. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ......... ......... ......... ............ ......... ......... ............... . ... ........ ......... ......... ............................................................................................................................ .. ....................................................................................................... ........................... Contra Costa Takes A Stand Against The Tobacco Industry We, the undersignedresidents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request'that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Cade Phone Number fiL-1 () 6 Z/ of 4. J. 8, 10. 12. 13. 14. 15. 16. 17. 18. 19, 2{l. Contra Costa Takes A Stand Against The Tobacco Industry We,, the undersigned residents rofContra Costa county, op pose in of young1 dustry targeting people in our community. We request that our community leaders take strong and immediate action t pink an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Niumber 5. 10 9, - 12. 4 14 15. ,, { a / /:"�;,, ,�' ,�;�t l:•%J•yid� `�--- �< ,,,�'-... a.. /�?$ ✓` / ' _ S 17 19. 20r Centra Costa Takes A Stand Against The Tobacco Industry We, the undersignedresidents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy ,access to tobacco to Contra Costa's young people. ':Va�me Address city Zip Code Phone Number K, IFNI, rtwmv �017 A 2. ft Ayl 4. 6. 7. 9, 10, 11. 12. 13, 14. 15. 16, 17. 18. 19. 20. ........................................................................................................................ ............................................................................................................................................................. .................................................................................................. .......................... Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa CG�inty, oppose tobacco industry targeting of young people in our community. We request the aur'community leaders take strong and immediate action to put an end to the marketing af and easy access,to tobacco to Contra Costa's young people.:- Name Address r city Zip Code Phone Number ? —t 1, A 0-�J&AA- 5q Lg�vl St- ::�U PAO 1 9D t3�3 -P6 n L 2. 1 MA'4 JA Ag -72 3. 17 A 4 e-4,Lzar 2 5 2-3 ew -- 5, 1 V_Iz 7. cr 11 -3 & 9- 4q ell 10. kp.ho L 12. 13. 16. K lkv b all 4�41 '&Wv VAI 6' U..%YaN e Aq il 4s/f 18. 0 ,t .9J4 Vp<,, > 3 19. q��-eI4 VSI-C- .. ................................. .............................-...- ..................................................... ............................................... ........................ .. .. ....... .. .. ...... ......... ......... ......... ._....... ......... ........._1111 . _ _ _. _.. ......... ......... ......... ......... ......._. ........................................................................ Contra Costs Takes Al Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City ZipCode Phone Number 1. � ffl r tai 5 t7XZVX4:XY 3`CWn l-�7j�Lfl qJ5 3 12 3-� 3. 5. O)OLY vf' e DICIna lit C"sad C-t. V �1ac v tf'3 0145 L4-1 6. v Ate' Ow Iota Rftht &�G 9(. NvAalta q' CAI 11CI, 549(ox- $. JV� � - Te 7 10. 11, MQll" A tsf� A f 1 �{Umvc - i�iz. �' Ie �t -t1 12. Nlarissaasbk pin�t �i5 ( tj-11 14. 11A_,�k `C orris p � 6ycvtl-s c1q I -Iatcl-115 17. ! o�t2 � �so�1 'lit 19. Y .41i. 1 Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that.our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address +City Zip Cade Phone Number Z 7e 2. ok i� 5. 6. Nitc 3�,{ ' trx Pic if 19c) -9z;4 9. 10. -7 fG `#f 11. v.s \At. q co(,p 2 fln DIP 1'1%� 75.�7 Q.` 14. Y"t K1 Vit, ' 16. al� 18. 1 rptr\w�\�e Contra Costa Talcs A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community lenders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2. 4. � 1 . Wr aC 7. s. 9. q 44 8040 L4 29-5 C-AAE�6C 11. IC(A - s c,)q6?q Cep Svc tc1� r, q a3 2 ja. 0- 14. ZVU e c,C-1,511Q ev— r"O M S C U6''�'t` t��. 91eO5 Z �8 8,S" rz� 8 1, FY 7 {—7Kcf. 1S. jj f:ti 17. ��hta. . ��� �o0 1''ir►ol�' �'alt� k�. t'{ ,oEi 9f.f �6i� �.�s`�r ��1 18. �0 Vailtt P1 ' `7 TT ` 20. V € =- � Contra Costa Takes A Stand Against The Tobacco Industry "p4Te, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number '9l 3. j? 'N Pl� h � J'a rrt + v, r�ar«� �u 7. 90 8. AQL 10, 0. 16. ' C ,� ' 17, 18. � Ii GUS `' 19 . c - s 9L15 �- 199- -��20 20. 4 an 'fOO 14A S COL,-O"6.x.�-A a Pt. fiev'CM Lec;. Centra Costa Fakes A Stand against The Tobacco Indust- rWe., he undersigned residents of Contra Costa County, oppose tobacco industry tar etinung people in our community. We request that our community leaders take strung and diate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2a:�,4t-N�. P 4161-C ` 1- 7,11 -$' 2. 14. h G tv 7. 7q � . -2q 13 14. 15, �O - � 16. 17. 18. 19 20. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2 ` 1,t?61 5. gip.eA 4� 411 jqq- 6. 57 r c C, 8. VCTZA Cv,0 12. IM o,v�,-(A 16. �4 t� Q 17, 19. 20. Contra Costa Takes A Stand Against The Tobacco Industry F�We, the undersigned residents of Contra Costa County, appose tobacco industr taretinung people in our'community. We request that our community leaders take strongand ediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number �r3 -'Z { , Cit. t'. •!?� tt?� �;- ti �1 �\.!.�'..✓L'✓�-t� `!(.Cs4i i' � �} f''>., i�j- `.. +j 30 z tc� 0I 12, SO 14. 15 16, COW 17. 18. 19. ry -`532 t3 0%5 20. s _._... ......... ......... ......... ......... ......... ......... _.....__. . ... ........ ........... _...._..... ....._... .._...._.. ..__..._. ......... ......... ......... ......... ........... . ___ _ ................................. Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our.community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Cosh's young people. Name Address City Zip Code Phone Number 3. 4. k4i] JELL 10. 12. 13. 14. 15. 16. 17. 18. 19. 20. ..................I............. .......................................................................................................................................................... ......... . .... ........................ Contra Costa Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address city Zip:Code Phone Number L ........... 4. /je) &1f1d 5. S- 67H, 'O �17 lie? 6 7. 8. A1--Z<---%%C-7 9. V7 4,4, 10. 12. 13, 68 14. AzpeGs a. nay 7 - �YO�CVIIA 16- Lpnc-o J 17. A(aaL 3° 31 �[CIUcu'cDY LO&O Y ,:l q4SI9 18. 19. 20. Contra Costa rakes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, appose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketin-g of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number 2. J. 1,;- l �0�w �{iii 4. . 44 v � it ! t _ � � �: 10. 13. BN VA-Y -7— &�ad A' .,;- -<�Z ,vtl 15. h r t16. --....5 ' 2CA 1-i 15rc 17. 19. 20- ...................... ti _........ ......... ......... ......... ......... ......... .............._.. _ _ ....... ..........__....._...__........._.._. .......... ......... ._....... ......... ......... ......... ......... ......... ......... _ _ _._ _.._.. ......... ......._. Contra Costa Takes A Stand Against The Tobacco Indlustry We, the undersigned residents of Centra Costa County, oppose tobacco industry targeting of young people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City ZipCode Phone Number 1- Ai Nf- Oal; -O/V 3�3 Vl4Lfl RP )Iek culfj' 57.54 ('�'1 )1I?9- 74 2. M1 i"Plle toy rat,Hr, flg Ot/Cbe Cf. #elcul,�Is g4/Y4/ 7 3. OICRel1/1*10 !fg7 _JIP412F4w tile. Atm&tLtve:, -1.1Yj T C� 6. 41, a, ... 10. 11, � 1���' �r�r�i► �3�vt �.+ Fes. �Vt 1 : so Y1 P,-7,0 . cr 4+,Yp4 � ���1� X 4 06 C)2--31!-!2433 13. amALRA2vz- ess7-aLv;�: e4vic-tr mm-nma-2- 15, 1 . gAA 17. 4 ca-1 it 18. .7 19. �t �� t,�/1 C i ='� � t✓�-�-, f t` t�S,�, i cj�' .` 7 t 11" Contra Costa 'Takes A Stand Against The Tobacco Industry We, the undersigned residents of Contra Costa County, oppose tobacco industry targeting of young:people in our community. We request that our community leaders take strong and immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. 1 Name Address City Zip Code Phone Number �ft 4� 2. 4. lc)� T roc Lido CF f► �r ��� ��4 � 6. 8. 9. 10. 11. 12, 13. 14. 15. 16. 17. 18. 19. 20. . v ............................ ............. ......... ......... ......... .............._. .. .._ ...._. ..............__............_..._...................... ......... ......... _....... ......... ......... ......... .. __. ..._. ......... ......... ......... ......... ......._. . ........................................................ Contra Gusts Takes A Stated Against The Tobacco industry e undersigned residents of Contra Costa County, oppose pp tobacco industry targeting of young people in our community. We request that our community leaders take strongand immediate action to put an end to the marketing of and easy access to tobacco to Contra Costa's young people. Name Address City Zip Code Phone Number �� �✓ /1� ,� ��'� � ..mit%-�� � /� 5� �,2 3. H© 5 -��..' i � J� K, , 9-15. 4. A&-�S- c u.. Zt7 M ct c� � i' S/ � 6�, 8- I 14AAS 14V5 L 9. _ / f 0 ,x-7 (/ e,4,Y L f 4 A t'—Y J -5-10 _ ZL 7 10, r �} GTDii � exr Cir Zit` 1 k� w s .cE 1 rtZslc� 7 k1 C� 72A~ 6t43e- 12. 13. 14. 15. 16. IT 18, 19. 20. Tri tt �r Yeterl.LarY�n 4 '`^ CALIFORNIA G R.O C E.R...S S Drug StolSYt`s#roadpd6ruugg Ctnttgany rASSOCIATION aend,ray t�irsr vri��' W.R.'iEl"hlaeR#ot2y 1 tax AfHtfcats.ArtahefM-: S�axtd"i�fetCtfiffi►t MklCe.att3ttE ix. ��y MoFtleStxtes Mrokets MI116afley y .'ikesarrtvtr bonaFif Akvarado : art Fl---Y've" " RESPONSIBLE RETAILERSalty Moffsultermn s ACTION PLAN Sane MarsSupesstmrkets 1tade5ta #a 'teat tr Darioutsh Khated# R V'Mart,Carson A four--step approach dedicated towards Lou Amen keeping tobacco out of the hands of minors. Sager A Markets,Paramount Don Baker Sister brothers,Coliton-> Greg Barr I) RESPONSIBLE TOBACCO RETAIL TRAINING PROGRAM: Nob Hut Foods,Gilroy .. John Berberian ;ons Markets,Lia Angeles While many retail outlets have in-house training programs, flerntst7isatito many do not. It is imperative that we provide good training Pace Flu Corp.,Madesm Chuck Eire programs to all Contra Costa retailers. Retailers will receive. NuCaI Ponds,irc,5attaa. t �or complimentary training bits, education materials and the N i'apatio Fouch Maywood Aaron L.Fonxtne# opportunity to receive one-on-one training. If necessary, group The nafe Maid company Costa mesa training sessions will be scheduled. All of this will be free of : Mesa Bob Jewell charge. HI Time Liquor G Market Santa Rarbars Don Kaplan aUN-COMPLIANCE ISSUESawareatitas#ets,Inc,,tncDSnvt# Mark Kidd Mar Val Frwd Stores,Lrsd# Debra Lambert Retailers will work with the County to develop an early warning Safeway,Inv,Pleasanton system for problem retail outlets so that issues can be solved orM dna° Major Marktta,.?aitc. before they become problems. Ba$6rotk Byron Lovell / Fleming Companes,Sacrazttentc M) HONOR ROLL PROGRAM: Ralph Mati#e + United Growers,Tracy Barbara Matthews Develop an honor roll of responsible retailers who will be American StorEsComparry san Lean Iro identified by the county as outstanding citizens and can display }ay McCormack an `'honor badge" at their store. Alamo Market Twentymne Palms Morrie Notrica 7 3znd Street Market.Las Angeles IV) EDEA FORUM Larry Nurse Raley s Supermarkets Sacramento Al Plamann Business will work with the County to develop a public/private Certified Angeles nxarsof CA Los partnership where local businesses, youth and concerned }I;Co Preston UIS A citizens can discuss tobacco issues. Gibson G Cooke,Los Angeles Mich"O Provenzano Pro G Sons,lm:,Ontario Richard Ramoneue Hughes Family Market,,imicide#e C.J,Ray Costco,Livermore Mike Read Albertson's,Inc..Boise,ID Andy Small Rulphs Grocery Co.,Comotcm }Lm Stump Slumps Markets,San Dtcga Joan Wilson qo6 G Street,Suite loo Sacramento,CA 95814 Tet:g16t448-3545 Fax:o16/448.2793 Email:cagrncersaiearthlink-net Southland Corp.,Brea - loo West Broadway,Suite 370 Long Beach,CA go8oz Tel:5621432.86#o Fax:s62,i432.793r Email:cgasouthaearthIink.net .............................................. ..................... ........................................................ ................................ D, est . l Cover Sheet To: County Bd. of Sups. Company: Contra Costa County Fax: 910-335-1098 Frour. Jonathan 0. Mayes, Esq. Corp. Director of Governinent Relations Company: Safeway Inc. Phone: (510) 467-3070 Faxe. (510) 467-3323 Date: June 1+6, 1995 Pages: 2 alad"At CvvW Shed) cOWMENTS: pleast give a copy of the attached ietter to each Supervisor gEf;Om today's Board meeting. Thank YOU, J LN'4 it.i ..ti• CY.d'd d t-t'�- .Wyi Lulrt i f-1I-Y2 N.•r L -i'r t EXECUTM oFr:rcrs A ML 11 • 3 WVOMMM.3229 (310)46?-3070 June 15, 19% VU FACMUOU The HonorabLe Turn Ctrs, Chairman Contra Crams Board of Supervisors 651 Pine Suva Martinez,CA 94553 Dear Chairtnan Rogers: I am writing on behO of Safeway Inc., which grates 20 stores and a manufacturing di- vWon in Contra Costa County, to eVross concern about the County Health Departmees proposed tobacco cco osdiw=e on toinorrow's meeting agenda. We believe the ordinance is unnecewwy because of numerous state and fed*ml laws aysil- able to penalize rete lers for Dt%W tobacco sales to minors. Two affectiw examples in- clude California Pernal Code Section 308(wbich nu kos it illegal to sell tobacco to minors) and the California Stop Tobaoco Mcess to Kids 1 nforownent Act(which carries,fines of up to $6,OW for an illegal sale to aminor). Stated sucacincdy, the solu.Ocm to mincr<rs, a gm,kIL b&d Mkrmnent of MWng 1p—w& At least part of the solution lies in public-private parhacrsWps, where oompaites like Safeway or its trade associations can work with you and the HaaM Department to find mutually acceptable approaches to mduc+e teen muokiM. We urge you to fully explore time Opportunities before considering passing an unnecessary laver can this subject. Simy. -//r�w JonatbM 0.Mayes,FAq. Corporate Director of Govemment Relations ow Cron"Costa County Board of Supervisors air MTAL PAW.02 JUN { ! Ic"O p �f .:`;:-.ARD OF Stl7 . r t Cheerleaders from nearby College Par or dk, celebrate community spirit stop Asfoth os,or baffo .t which was created aspecial#y for this si}e at twkoom•'� munity Center by Artist Roslyn Mazzi 1.The piece was U M!-- commissioned ^� •--.... �p commissioned by the Pleasant Hill Art Counpii anui Was dedicated in May 1984. v MS.JULIANA M.GIANTI 211 Iem der Way Pleasant Hifi,CA 94523 CONSIDERTH .HD OF SU Cheerleaders from nearby College Per celebrate community spirit atop Asfoth or DaffodiN which was created especially for this,s1 sit om 'S munity Center by Artist Roslyn Mazzi i y7he piece was commissioned by the Pleasant Hill A Counci�rana wras dedicated in May 1984. 4 ��' NIS.JUUANA M.GIAsrn 211 Jeruder Way Pteasant HM,CA 94523 , J ............................................. ... __ � VWTH .+."'► I ---.---.,...,.ter. Numerous postcards signed by various parties and identical to the one below have been received and are on file in the Clerk of the Board Office. Bear Supervisor Gerber: I strongly ogpose the proposed anti- business ordinance that requires a tobacco retailer's license. Education is the most effective way to prevent teen smoking, not unnecessary government regulation. Please support local businesses in Contra Costa County by oppchaing this unfair law. Signed: A Business NamesG ._r jq ,uc Address: r,'c c,, VASS