Tobacco Retailer Licensing Randy Kline, Staff Attorney Technical Assistance Legal Center (TALC) Randy Kline, Staff Attorney Technical Assistance Legal Center (TALC)

The Power to Solve Every Enforcement Problem Enforce all tobacco control laws with licensing Provide meaningful penalties for tobacco laws Fund enforcement with the license fee Impose new tobacco control regulations Empower advocates with the ability to enforce tobacco laws directly Enforce all tobacco control laws with licensing Provide meaningful penalties for tobacco laws Fund enforcement with the license fee Impose new tobacco control regulations Empower advocates with the ability to enforce tobacco laws directly

Enforce All Tobacco Laws Any violation of a tobacco control law (e.g., underage sales) is a separate and independent violation of the licensing law Licensing penalties serve to compel compliance with laws that local law enforcement can not enforce directly (e.g., the STAKE Act) Any licensing penalty is in addition to the normal penalty for violating the underlying law Any violation of a tobacco control law (e.g., underage sales) is a separate and independent violation of the licensing law Licensing penalties serve to compel compliance with laws that local law enforcement can not enforce directly (e.g., the STAKE Act) Any licensing penalty is in addition to the normal penalty for violating the underlying law

Provide Meaningful Penalties Remember and count all violations for the past five years (Note: it is perfectly legal to keep past violations on record indefinitely) Suspend license for the first violation (affect the merchant’s bottom line) Revoke license for third or forth violation Ban tobacco advertising in a store with a suspended or revoked license Remember and count all violations for the past five years (Note: it is perfectly legal to keep past violations on record indefinitely) Suspend license for the first violation (affect the merchant’s bottom line) Revoke license for third or forth violation Ban tobacco advertising in a store with a suspended or revoked license

Meaningful Penalties (cont.) Provide for multiple, non-exclusive penalties Provide that a violation is a misdemeanor (or infraction), is a public nuisance, and is an unfair business practice Clearly designate an enforcement agency But also provide that multiple agencies and even private citizens can enforce the law Provide for multiple, non-exclusive penalties Provide that a violation is a misdemeanor (or infraction), is a public nuisance, and is an unfair business practice Clearly designate an enforcement agency But also provide that multiple agencies and even private citizens can enforce the law

Fund Enforcement Annual license fee should be calculated to include administration costs and the full cost of monitoring and enforcing compliance Fee amount must be calculated using the unique cost structure of each individual community (e.g., cost per hour per officer, etc.) — there are no short cuts! Annual license fee should be calculated to include administration costs and the full cost of monitoring and enforcing compliance Fee amount must be calculated using the unique cost structure of each individual community (e.g., cost per hour per officer, etc.) — there are no short cuts!

Impose New Tobacco Laws Ban mobile vending Ban self-service displays Impose a minimum age for clerks Require ID checks for anyone under thirty Impose a smoke-free zone around stores Ban tobacco sales at bars and restaurants Ban mobile vending Ban self-service displays Impose a minimum age for clerks Require ID checks for anyone under thirty Impose a smoke-free zone around stores Ban tobacco sales at bars and restaurants

Empower Advocates Provide that anyone can sue a business that violates the licensing law in small claims court "Anyone" means you, your organization, and your neighbors — anyone who cares Private enforcement is in addition to, not in place of, government enforcement Private enforcement enables effective enforcement even in a community with limited resources or resolve Provide that anyone can sue a business that violates the licensing law in small claims court "Anyone" means you, your organization, and your neighbors — anyone who cares Private enforcement is in addition to, not in place of, government enforcement Private enforcement enables effective enforcement even in a community with limited resources or resolve

Summary If enforcing tobacco laws is a problem, licensing can be the solution A licensing law in and of itself is not a real world result — licensing laws are only powerful if they are enforced To date, only one tobacco retailer’s license has ever been suspended Imagine the real world result your community wants, and use licensing as a tool to get there If enforcing tobacco laws is a problem, licensing can be the solution A licensing law in and of itself is not a real world result — licensing laws are only powerful if they are enforced To date, only one tobacco retailer’s license has ever been suspended Imagine the real world result your community wants, and use licensing as a tool to get there

Call TALC! TALC has a model tobacco retailer licensing ordinance available at: TALC also has licensing fact sheets available (and the STORE Campaign website has many other materials) TALC attorneys can answer specific questions and can work with you and your city attorney or county counsel to develop a strong and legal licensing law TALC has a model tobacco retailer licensing ordinance available at: TALC also has licensing fact sheets available (and the STORE Campaign website has many other materials) TALC attorneys can answer specific questions and can work with you and your city attorney or county counsel to develop a strong and legal licensing law