Randy Kline, Staff Attorney TALC (Technical Assistance Legal Center) x303 Tobacco Retailer Licensing (TRL): Bells & Whistles

Core TRL Components All tobacco retailers must get a license and renew it annually The fee should fund administration and effective enforcement A violation of any existing local, state or federal tobacco law is a license violation Violation results in suspension or revocation plus traditional penalties

Add-On Components The following components, the “bells and whistles” of licensing, are not essential However, these extra components are not trivial or unimportant  In some communities, they will make a good licensing ordinance much better  In other communities, they could be critical to getting around a roadblock in a campaign or during implementation

Who Can Get a License No licenses for “Significant Tobacco Retailers” (e.g., tobacco shops) No licenses for restaurants and bars No licenses for residentially zoned locations No licenses for business that provide indoor or outdoor smoking areas  Bans “hookah bars”

Regulations & Prohibitions 1 Clerk must be 18 to sell tobacco Must check the ID of anyone under 27  Can use adults (18) to test compliance Smoking prohibited outside a retailer  E.g., 20 feet from entrances Revoke license for illegal alcohol sales  Broaden coalition to include alcohol control

Regulations & Prohibitions 2 Prohibit tobacco look-a-like products  Bans candy cigarettes and cigars Limit tobacco sampling and giveaways  No tobacco products at “bar nights” License violation to violate sign laws  “Lee law:” no more than 1/3 of windows of alcohol retailer can be covered by signs

Gathering Evidence Partial immunity for youth decoys Youth decoys don’t have to testify

Penalties Retailers without a license cannot display or advertise tobacco products or paraphernalia Tobacco and paraphernalia can be seized and destroyed if offered for sale without a license Require “dunce” signs for violators

Prosecution City attorneys and county counsel have express authority to settle cases  minimum standards for settlements “No contest” plea in a parallel prosecution (e.g., PC 308) results in license revocation

Universal Enforcement In addition to traditional enforcement: Anyone can enforce the law in small claims court  Private citizens can enforce the law  Non-profits can enforce the law (e.g., ALA)  Cities and counties too!  No attorneys needed, staff can prosecute  Health department can enforce the law within a city

Conclusion TALC’s revised model licensing ordinance contains many of these “bells and whistles” (some addressing important implementation issues) TALC keeps track of new ideas, so contact us for the very latest thinking

Randy Kline, Staff Attorney TALC (Technical Assistance Legal Center) x303