Protecting Children through Los Angeles’ Tobacco Enforcement Program Nora Manzanilla Office of the Los Angeles City Attorney ROCKARD J. DELGADILLO TOBACCO ENFORCEMENT PROGRAM Advisory Committee Member, USC Hispanic Latino Tobacco Education Network

PRESENTATION OBJECTIVE u Demonstrate the development and adoption of a local ordinance to reduce tobacco sales to minors. u Provide strategies that promote community outreach and education to retailers in order to reduce the illegal sale of tobacco products to minors. u Provide strategies that promote compliance with tobacco control laws as they relate to local ordinances and statewide laws to reduce illegal tobacco sales. u Lessons Learned and Challenges.

OVERVIEW OF PRESENTATION u History and Background u Program Development u Program Implementation u Compliance Check Results u Policy Implications Local LevelLocal Level State LevelState Level u Effective Strategies u Successes u Challenges

HISTORY & BACKGROUND Tobacco Control Community Collaboration Illegal Tobacco Sale Surveys of Council Districts - City of Los Angeles u COUNCIL DISTRICT 10 u 46 stores surveyed u 17 stores (37%) willing to sell to minors u COUNCIL DISTRICT 14 u 52 stores surveyed u 22 stores (42%) willing to sell to minors u COUNCIL DISTRICT 1 u 52 stores surveyed u 11 stores (21%) willing to sell to minors u COUNCIL DISTRICT 12 u 53 stores surveyed u 13 stores (25%) willing to sell to minors Data collected by L.A. LINK (Los Angeles Regional Tobacco Control Community Linkage Project - January 2000) funded by Proposition 99, Tobacco Tax Initiative

Tobacco Enforcement Program BACKGROUND u Mangini v. R.J. Reynolds 1997 Los Angeles received a $1.5 million from RJ Reynolds and other tobacco companies u Settlement Terms Dictated funds be used for education and enforcement efforts to reduce teen smoking

ENFORCEMENT The Missing Link Stop Tobacco Access to Kids Enforcement (STAKE) Act Penal Code Section 308

TEP DEVELOPMENT * Proposed by the City Attorney’s Office * May 3, L.A. City Council passed the Tobacco Enforcement Program (LAMC ) Enforcement Program (LAMC ) * Endorsed by Public Health Organizations

TEP DEVELOPMENT u A vehicle for more comprehensive law enforcement of Tobacco Laws u Goals ã Require that all Tobacco Vendors in L.A. obtain a permit ã Require that tobacco products be placed where only the store clerk can access them ã Create a Tobacco Retailer database of all permitted retailers

PROGRAM IMPLEMENTATION Coordination with Office of Finance (formerly City Clerk’s Office) u Applications mailed to all businesses likely to sell tobacco products 30,000 businesses were sent applications u Permits issued by the Office of Finance u Valid for one year and renewed annually u Color of permit changed annually u Issued free of charge u Must be prominently displayed

COMPLIANCE CHECK INVESTIGATIONS Conducted by California Department of Health Services which include: STAKE Act Investigation STAKE Act Investigation Checking the location of the permit Checking the location of the permit Making sure tobacco products are Making sure tobacco products are not accessible to the public not accessible to the public

PENALTIES u Misdemeanor to sell tobacco without a permit u Misdemeanor to display tobacco products u First Violation - Letter of reprimand u 2nd Violation - suspension of permit for 30 days u 3rd Violation - suspension of permit for 90 days u 4th Violation - suspension of permit for 12 months

TOBACCO ENFORCEMENT HOTLINE

COMPLIANCE CHECK RESULTS AND PROGRAM STATISTICS b Permit Issuance: Approx. 5,000 permits issued as of September 2002 b Compliance Checks: Approx. 689 conducted in 2001 *Approx. 760 scheduled to be conducted in 2002 b STAKE Violations (approx.) b PERMIT Violations - 96 (approx.) b VENDOR-ASSISTED SALES Violations - 55 (approx.) *Delay in compliance check investigations due to state budget crisis and contract problems with City and State

POLICY IMPLICATIONS - Local and State Level Tobacco Retail Licensing in California b Approximately 27 local jurisdictions which include cities and counties have passed licensing ordinances. b There is great interest from other cities and counties to pass tobacco retailer license ordinances. b There is no state law that requires tobacco retailers to have a license. b Preemption has threatened local tobacco retail licensing ordinances in California for the past two years.

EFFECTIVE STRATEGIES u Repeat Violators - direct resources to areas with high illegal sales rates. u Community Collaboration - coordinate efforts to reduce illegal sales with community agencies assisting with merchant education. u Attend Neighborhood Council Meetings. u Collaborate with Neighborhood Prosecutors Program. u Work with the Los Angeles County Offices of Education Los Angeles Unified School District and school police on educational awareness of illegal sales rates in and around schools. u Partner with Grocers’ Assoc. on dissemination of information and assistance with permit application process.

TRENDS IN SPECIAL POPULATIONS b MacArthur Park - Council District I b 13.5 sq. miles b Geographically, the third smallest district in the City b Considered one of the most ethnically rich districts b 75.5% Latino (most recent census data) b Rich with people from Mexico, Central America and South America b A haven for illegal activity

SUCCESSES b Database of 5,000 retailers selling tobacco products in Los Angeles. b telephone - citizens report other tobacco related crimes such as, vehicles, produce trucks, ice-cream trucks, individuals and Black Market products. b Black Market Cigarette Task Force developed to address unstamped/counterfeit tobacco issues. b Baseline data of 1st year compliance checks reveal the differences in illegal sales rates by Council District - therefore, more resources can be directed to Council Districts with high illegal sales rates. b TEP liaison for the L.A. Fire Department on smoke-free workplace law.

CHALLENGES è Frequent transfer of business license and closures è Violating businesses - delay in payment of fines è Notification process is tedious and time consuming è No permit will be issued to authorize retailing at any place other than a fixed location; peripatetic tobacco retailing and tobacco retailing from vehicles are prohibited. LAMC §46.91 l Itinerant Street Vendors l Vehicle Sales: Produce trucks, catering trucks l Newsstands FRESH PRODUCE