HomeMy WebLinkAboutMINUTES - 04202004 - SD7 TO: BOARD OF SUPERVISORS Contra
FROM: William B. Walker, MD, Health Services Director Costa
DATE: April 20, 2004 County
-&k.
AC-IN
SUBJECT: Report on implementation of the Tobacco Retailer's License Ordinance + j 7
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
1. ACCEPT the attached report from Wendel Brunner, MD, Director of Public Health, Centra Costa Health
Services, on implementation of the Tobacco Retailer's License and options for continued enforcement efforts.
2. FIX Tuesday, May 11, 2004 at 9:30 AM for a public hearing to increase the annual Tobacco Retailer's License
Fee,
3. DIRECT the Clerk of the Board to publish notice of the public hearing pursuant to Government Code 6062(a)
and to make cost documentation available for public review.
BACKGROUND:
On January 28, 2003, the Board of Supervisors unanimously adapted a Tobacco Retailer's License Ordinance, County
Code§4445-10, that included the following provisions:
a. All tobacco retailers will be licensed annually in conjunction with the application for and renewal of the
Contra Costa County Business License;
b. The license will be prominently displayed at each retail site;
c. The license will be linked to Ordinance 98-43 and to applicable Federal, State and local laws intended
to discourage the purchase of tobacco products by minors;
d. A graduated system of penalties will be structured for violations of the ordinance, with an appeal
process to the Board of Supervisors.
At the time of adoption, the Board requested that CCHS make a report on the ordinance's implementation within one
year.
Between that date and the present, CCHS and the Tax Collector's Office have implemented the ordinance and issued
127 Tobacco Retailer's Licenses. CCHS has enforced the ordinance.
FISCAL IMPACT
None.
CONSEQUENCE OF NEGATIVE ACTION:
Loss of state tobacco enforcement grant funding without minimal replacement from license fees would lead to greatly
diminished enforcement activities and probable return of sales to minor rates in Contra Costa approaching pre-tobacco
license levels,
CONTINUED ON ATTACHMENT: YES NO XX SIG ATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_",APPROVE OTHER
SIGNATURE S
ACTION OF B#
ON April 20s 200 APPROVED AS RECOMMENDED 2 OTHER
VOTE OF SUPERVISORS:
UNANIMOUS (ABSENT N= ) I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 20, 2004
Contact: .;OHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
cc: Public Health Director,597 Center,#.200,Martinez
Health Services Director,20 Allen,Martinez
y'
n f ° 3
BY: ' k
/DEPUTY
WILLIAM B.WALKER,M.D. CONTRA COSTA
HE ALTH SERVICES DIRECTOR
WENDEL BRUNNER,M.D. PUBLIC HEALTH
PUBLIC HEALTH DIRECTOR 597 Center Avenue,Suite 200
q Martinez,California
CONTRA COSTA 94553-4669
PH 925 313-6712
HEALTH SERVICES FAx 925 313-6721
wbrunner@hsd.co.contra-
costa.ca.us
TO: Contra Costa Board of Supervisors
Dorothy Sansoe, Deputy County Administrator
FROM: Wendel Brunner, MD, Director of Public Health, Contra Costa Health Services
DATE: March 24, 2004
SUBJECT: Report on Implementation of the County's Tobacco Retailer's License Ordinance
The Board of Supervisors adopted the Tobacco Retailer's License Ordinance (TRLO), County
Code Section 445-10.018, in January 2003. The ordinance requires all tobacco retailers to obtain
a license to sell tobacco and stipulates that retailers who violate local, state and federal tobacco
laws may have their license suspended. At the time of adoption, the Board ordered staff to present
a report on the TRLO's implementation within one year's time.
Contra Costa Health Services and the Tax Collector's Office implemented the ordinance during the
summer and fall of 2003, sending out 127 tobacco retailer's licenses. A$25 license fee covered
the administrative costs incurred by the Tax Collector for processing the applications and sending
out the licenses. Prior to implementation of the ordinance, Contra Costa Health Services' Tobacco
Prevention Project (TPP) and the Sheriff's Office (SO)were aware of only 90 tobacco retailers in
the unincorporated areas of the county. Since the ordinance was implemented and enforced, the
illegal sales rate to minors in Contra Costa's unincorporated areas has plummeted to nearly zero
percent.
During the period July 1, 2003, to present, the Tobacco Prevention Project enforced the tobacco
retailer's license ordinance by visiting 67% of the 127 retailers to check for the license as well as
compliance with the Tobacco-Free Youth Ordinance (TFYO) and other tobacco sales laws. Staff
conducted 89 visits, including several follow-up visits. A state enforcement grant paid for these
activities.
During this same period, the SO conducted 100 undercover buying operations in tobacco outlets to
check for illegal tobacco sales to minors. Like enforcement of the TRLO, the state enforcement
grant supported these activities. During the summer and fall of 2003, the Sheriff's Office cited two
retailers for illegal sales to minors. By January 2004, one of these citations had been processed
and upheld and a court date of March 30 has been assigned to the second. Because the first
retailer had been found to violate a state law(PC 308a— no tobacco sales to minors), CCHS
issued a notice of license suspension to the retailer, held a suspension hearing, and suspended
the license for one week. The TPP inspected the store during the suspension hearing to
determine whether the retailer had removed tobacco products as delineated by the ordinance. The
retailer was billed for the cost of the hearing ($348), and the follow-up visit was covered by the
0 Contra Costa Community Substance Abuse Services 0 Contra Costa Emergency Medical Services 0 Contra Costa Environmental Health 7 Contra Costa Health Plan
0 Contra Costa Hazardous Materials Programs 0 Contra Costa Mental Health 0 Contra Costa Public Health 0 Contra Costa Regional Medical Center 0 Contra Costa Health Centers
state enforcement grant. Had a second follow-up visit been necessary, the retailer would have
been billed for$110.
It appears that enforcement of PC 308a, the Tobacco-Free Youth Ordinance and the Tobacco
Retailer's License Ordinance has reduced the rate of illegal tobacco sales to minors from 37% to
zero percent in the unincorporated areas. It is the opinion of CCHS staff that enforcement of these
laws must continue in order to maintain this rate.
The state enforcement grant will end on June 30, 2004, with no new funds being available to
Contra Costa or to any other county in the state. As reported to the Board last year, the licensing
fee was set at $25 due to the fact that enforcement costs were covered under this grant. CCHS
and other jurisdictions are faced with the problem of how to pay for continued enforcement.
A sampling of tobacco retailer's license fees covering enforcement and administration follows.
Differences in the amounts reflect variations in the cost of living, the number of stores, the number
of stings, among other factors.
Adopted:
Berkeley $283 per year (does not include stings, only health inspections)
Pasadena $135 per year(includes stings)
San Luis Obispo $255 per year(includes stings)
Proposed:
Sacramento $350 per year (would include stings)
Stanislaus County $110 - $125 per year(would include stings)
Factors to consider in planning for continued enforcement of the Tobacco Retailer's License
Ordinance in Contra Costa include the following.
1. Maintaining the current annual Tobacco Retailer's License fee ($25)would support
administrative costs, but not enforcement costs.
2. Raising the annual Tobacco Retailer's License fee could support a minimal level of PC 308a
stings by the Sheriffs Office, administrative costs and a minimal level of visits from CCHS to
retailers to check for the license and compliance with the Tobacco-Free Youth Ordinance. This
would cost $160 per store.
Bo:tobacco tri report 40604
Page 2