HomeMy Public PortalAbout13) 8.B.2nd Reading and Adoption of Tobacco Retailer PermitAGENDA
ITEM 8.8.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: December 4, 2012
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manage(t
Via: Robert Sahagun, Public Safety and Services Manager
By: Giselle Corella, Management Analyst
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO 12-965, AN
ORDINANCE OF THE CITY OF TEMPLE CITY ADDING ARTICLE D
('.TOBACCO RETAILER PERMIT ORDINANCE") OF CHAPTER 2
CUBUSINESS PERMITS") OF TITLE 5 C'BUSINESS LICENSE AND
REGULATIONS") OF THE TEMPLE CITY MUNICIPAL CODE
RECOMMENDATION:
The City Council is requested to adopt proposed Ordinance No. 12-965 (Attachment "A"),
an Ordinance of the City of Temple City, modifying Chapter 2 ("Business Permits") of Title
5 ("Business License and Regulations") of the Temple City Municipal Code regarding the
regulations that will promote responsible tobacco retailing through the addition of Article D
(''Tobacco Retailer Permit Ordinance").
BACKGROUND:
1. On May 19, 2009, City Council received public input urging the City to implement a
smoking ban.
2. On July 21, 2009, City Council adopted Ordinance No. 09-928 prohibiting smoking
in City Parks.
3. On December 10, 2010, a City Codes Review Ad Hoc Committee (i.e ., Mayor
Chavez and Council Member Sternquist) was formed to address the challenges
City staff was encountering in its attempts to enforce the City's Municipal Code.
4. During the months of January and February 2011, staff conducted a review of the
entire Municipal Code to identify its deficiencies, and to provide the Ad Hoc
Committee with recommendations to better facilitate compliance.
5. On March 9, 2011, Community Preservation staff met with the Ad Hoc Committee
City Council
December 4, 2012
Page 2
to discuss the difficulties faced in the enforcement of the Municipal Code. This
includes inconsistent provisions, ambiguous verbiage and outdated requirements
that no longer reflect the goals of the City, as well as the lack of necessary
enforcement tools needed to mandate compliance from persons who refuse to
voluntarily comply with applicable requirements.
6. From April through October 2011, Community Preservation staff (including City
Prosecutor James Eckart) and the Ad Hoc Committee discussed various methods
of addressing the deficiencies, including possible amendments to the City's
Municipal Code.
7. On November 15, 2011, the City Council approved the first round of proposed
code amendments that would facilitate improved enforcement of the Municipal
Code and subsequent compliance of violations. The ordinances approved were:
Ordinance No. 11-948 -Shopping and Laundry Cart Containment, Retrieval and
Abatement; Ordinance No. 11-949 -Abandoned and Vacant Property Registration,
Maintenance and Security Requirements; and Ordinance No. 11-950 -Public
Nuisance Regulations.
8. On March 20, 2012, the Community Development staff and City Prosecutor James
Eckart met with the Ad Hoc Committee to discuss methods for addressing the
failing ("F") grade Temple City received for insufficient local tobacco control
policies as published by the American Lung Association's State of Tobacco Control
2012 -California Local Grade Results. The Ad Hoc Committee then gave staff
direction to proceed with drafting a Tobacco Retailer Permit Ordinance.
9. On May 1, 2012, the Ad Hoc Committee met with staff and the City Prosecutor to
review the first draft of the proposed Ordinance. Based on the American Lung
Association's State of Tobacco Control 2012-California Local Grade Results, and
recommendations from the City Prosecutor, the Ad Hoc Committee provided
direction to amend the initial draft based on aforementioned input.
10. On June 19, 2012, the Ad Hoc Committee met with staff and the City Prosecutor to
review the revised first draft of the proposed Ordinance. The Ad Hoc Committee
provided feedback, recommendations, and directed staff to submit the proposed
Ordinance to the City Council for consideration.
11. From the months of July through October 2012, staff met several times with the
City Prosecutor to ensure that the recommended revisions to the proposed
Ordinance were being incorporated based on the Ad Hoc Committee's direction.
12. On November 8 and November 12, 2012, public notices regarding the introduction
and first reading of the proposed Ordinance No. 12-965 was published in the
Temple City Tribune.
13. On November 20, 2012, Ordinance No. 12-965 was introduced to the City Council
for first reading, by title only, modifying Chapter 2 ("Business Permits") of Title 5
City Council
December 4, 2012
Page 3
("Business License and Regulations") of the Temple City Municipal Code regarding
the regulations that will promote responsible tobacco retailing through the addition of
Article D (''Tobacco Retailer Permit Ordinance"). After a lengthy discussion regarding
the enforceability of said Ordinance, the City Council approved the Ordinance by a
majority vote.
ANALYSIS:
During the past months, the City has enacted several amendments (i.e., Property
Maintenance, Shopping Cart Containment, and Vacant Property Registration) to the
Temple City Municipal Code (TCMC) aimed at maintaining and enhancing the City's
quality of life . Staff's review and analysis of State law and the TCMC has demonstrated
that the City's existing laws have not been adapted to adequately respond to growing
concerns by City officials and the public, regarding responsible tobacco retailing as it
pertains to discouraging the sale and distribution of tobacco and nicotine products to
minors.
Studies and Statistics
The State has declared smoking as the single most important source of preventable
disease and premature death in California. The United States Department of Health &
Human Services and the American Lung Association have concluded that, every day,
approxim'ately 4,000 minors smoke their first cigarette, and almost 1 ,000 minors begin
smoking. In 2007, the rate of illegal tobacco sales to minors was approximately 11%
with a statewide average of 16% in non-traditional tobacco retailers such as deli, meat,
and donut shops.
Although the California legislature has enacted laws to curb the illegal sale and
distribution of cigarettes, research demonstrates that local tobacco retail ordinances are
the most effective at reducing the illegal sale and distribution of tobacco. In some cities,
such as Beaumont and Berkley, the youth sale rates have decreased by 43% after the
adoption of a tobacco retailer permit and license ordinance (Attachment "8").
There are over 1 00 communities throughout California that have passed tobacco retailer
licenses. The American Lung Association's Matrix of Strong Local Tobacco Retailer
Licensing Ordinances (Attachment "C") has identified 86 California communities that
have strong and effective local tobacco retailer licensing and permitting ordinances. The
neighboring cities of San Gabriel, Baldwin Park, Monterey Park, Sierra Madre , South
Pasadena, Los Angeles, and Glendale are recognized by the American Lung
Association to have ordinances which are effective in reducing the sale of tobacco
products to minors due to enhanced enforcement and increased monitoring.
Local and State Regulations
For the purpose of regulation, local governments are authorized to license every kind of
lawful business transacted in the City pursuant to existing California statutory authority.
City Council
December 4, 2012
Page4
Additionally, local governments have general and Constitutional police powers to make
and enforce local laws to protect the public health and welfare.
In recognizing the dangers presented by tobacco use, the State has enacted legislation
targeted at preventing the sale or transfer of tobacco products to minors. Penal Code
Section 308(a) penalizes the knowing sale or transfer of tobacco to a person under the
age of 18 years ("minor''), however, the penalty is minimal and it does not hold store
owners accountable . The California Legislature has also adopted "The Stop Access to
Kids Enforcement Act" or ''The STAKE Act" declaring the State Department of Public
Health to be the primary enforcement agency in eliminating the illegal purchase and
consumption of tobacco products by minors. This section also authorizes the
Department of Public Health, to assess civil penalties against any person, firm, or
corporation that sells or gives tobacco products to a minor. The Food and Drug branch
of the Department of Public Health is empowered to enforce the STAKE Act, however, it
has limited State funding devoted to enforcing tobacco control laws .
Current Business License Regulations
Although Title 5 of the TCMC contains general provisions to partially protect the health
and safety of the community (e.g ., through provisions requiring that prerequisite permits
be obtained for certain businesses such as liquor stores), Title 5 lacks provisions that
would assist in the prevention of sales to minors of tobacco products. The primary
purpose behind such regulations is to ensure the orderly operation of business activities
in a manner that best protects the health, safety, and welfare of the public. Currently,
the City does not require a regulatory business permit for tobacco retailers .
Tobacco Retailer Permit Ordinance Overview
The proposed Ordinance would require that all persons who sell or offer for sale,
tobacco, tobacco products, or tobacco paraphernalia, obtain a "Tobacco Retailer
Permit" from the City. The proposed Ordinance sets out the application and review
process for tobacco retailer permits, including: basis for denying an application and the
procedures for challenging and appealing a denial of a tobacco retailer permit. The
proposed Ordinance stipulates that tobacco retailer permits are nontransferable and any
change in business ownership or name of business would require a new permit.
The proposed Ordinance also sets several operating requirements for all tobacco retailers
including the mandatory public display of their tobacco retail permit and checking the
identification of any person who appears to be under the age of 30. The proposed
Ordinance authorizes "compliance monitoring" to allow the City and the Los Angeles
County Sheriff's Department to investigate all tobacco retailers to ensure their compliance
with local, State, and Federal laws.
In an effort to deter the sale of tobacco products to minors and to facilitate compliance
with other applicable provisions of the law, the proposed Ordinance provides for the
imposition of an administrative fine and the suspension or revocation of the tobacco
retailer permit upon a determination that the tobacco retailer (or any of the retailer's
City Council
December 4, 2012
Page 5
agents/employees) has violated any condition of the tobacco retailer permit or any
provisions contained within the proposed Ordinance.
Under the proposed Ordinance, the administrative penalty for violations escalates from
an administrative fine and a 30-day suspension of the retailer's authorization to sell
tobacco (for a 1st violation) to an increased administrative fine and a revocation of the
tobacco retailer permit (for a 3rd violation within a sixty month period). It further prohibits
the issuance of a new tobacco retailer permit to any retailer who has had a prior permit
revoked within the preceding 12 months.
To protect the tobacco retailer's right to due process of law, the proposed Ordinance
sets forth the procedures for suspending or revoking a tobacco retailer permit, as well
as the tobacco retailer's ability to challenge and appeal such action .
CONCLUSION:
City Council approval of the proposed Ordinance will encourage responsible tobacco
retailing which will assist in the prevention of the illegal sale and distribution of tobacco
and nicotine products to minors throughout the City and the greater San Gabriel Valley.
FISCAL IMPACT:
After the proposed Ordinance becomes effective on January 3, 2013, the City will
generate revenue from the tobacco retailer permits . However, the increase in revenue will
be used to offset the costs incurred from the monitoring and enforcement of the tobacco
retailer permit.
ATTACHMENTS:
A. Draft Ordinance No. 12-965
B. Tobacco Retailing Licensing is Effective
C. Matrix of Strong Local Tobacco Retailer Licensing Ordinances
Attachment "A"
CITY OF TEMPLE CITY
ORDINANCE N0.12-965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
ADDING ARTICLED ("TOBACCO RETAILER PERMIT ORDINANCE") OF
CHAPTER 2 e'BUSINESS PERMITS") OF TITLE 5 ("BUSINESS LICENSE
AND REGULATIONS") OF THE TEMPLE CITY MUNICIPAL CODE.
WHEREAS , Section VII of Article XI of the California Constitution provides
that a City may make and enforce within its limits all local, police, sanitary, and
other ordinances and regulations not in conflict with general laws; and,
WHEREAS, the California Legislature has recognized the danger of
tobacco use and has made reducing youth access to tobacco product a high
priority, as evidenced by the facts that:
• The Legislature has declared that smoking is the single most important
source of preventable disease and premature death in California (Cal.
Health & Safety Code §118950);
• State law prohibits the sale or furnishing of cigarettes, tobacco
products, and smoking paraphernalia to minors, as well as the
purchase, receipt, or possession of tobacco products by minors (Cal.
Pen. Code §308 );
• State law requires that tobacco retailers check the identification of
tobacco purdiasers who reasonably appear to be under 18 years of
age (Cal. Bus. & Prof. Code §22952) and provides procedures for the
State Department of Public Health to use minors to conduct onsite
compliance checks of tobacco retailers (Cal. Bus. & Prof. Code
§22952);
• State law prohibits the sale of tobacco products and paraphernalia
through self service displays with limited exceptions for tobacco stores
(Cal. Bus. & Prof. Code §§22960 and 22962);
• State law prohibits the sale of "bidis" (hand-rolled filter-less cigarettes
imported primarily from India and Southeast Asian countries) except in
adult-only establishments (Cal. Pen. Code §308 .1 ); and,
• State law prohibits the manufacture, distribution, or sale of cigarettes in
packages less than 20 and prohibits the manufacture, distribution, or
sale of "roll-your-own" tobacco in packages containing Jess than 0.60
ounces of tobacco (Cal. Pen. Code §308.2); and,
WHEREAS, State law requires all tobacco retailers to be licensed by the
Board of Equalization primarily to curb the illegal sale and distribution of
Page 1 of 18
cigarettes due to tax evasion and counterfeiting (Cal. Bus. & Prof. Code
§§22970.1 and 22972); and,
WHEREAS, despite the State's efforts to limit youth access to tobacco,
minors are still able to access cigarettes, as evidenced by the following
determinations made by the United States Department of Health and Human
Services and/or the American Lung Association:
• Every day, nearly 4,000 children under 18 years of age smoke their first
cigarette, and almost 1,000 children under 18 years of age begin regular
daily smoking;
• In 2007, 20% of high school students reported smoking within the previous
30 days
• Among middle school students who were current cigarette users in 2004,
70.6% were not asked to show proof of age when they purchased or
attempted to purchase cigarettes from a store, and 66 .4% were not
refused purchase because of their age;
WHEREAS, the Californ i a Legislature has expliciHy stated that the
Cigarette and Tobacco Products Licensing Act of 2003 (contained within Cal.
Bus . & Prof. Code §§22970 et seq .) does not preempt or supersede any local
tobacco control law other than those related to the collection of state taxes , and
that local licensing laws may provide for the suspension or revocation of the local
license for any violation of a state tobacco control law (Cal. Bus. & Prof.
§22971 .3); and,
WHEREAS, California courts in such cases as Cohen v. Board of
Supervisors (1985) 40 Cal. 3d 277, and Bravo Vending v. City of Rancho Mirage
(1993) 16 Cal. App . 4th 383, have affirmed the power of the local governments to
regulate business activity in order to discourage violations of law; and,
WHEREAS, approximately seventy~eight (78) cities and counties in
California have passed tobacco retailer licensing ordinances in an effort to stop
minors from smoking; and,
WHEREAS, research demonstrates that local tobacco retail ordinances
dramatically reduce youth access to cigarettes , as evidenced by a review of
thirteen California communities with strong tobacco retailer licensing ordinances
in 2007 that showed that the youth sales rate dedined in twelve of the thirteen
communities, with an average decrease of 68% in the youth sales rate ; and,
WHEREAS, California retailers continue to sell tobacco to underage
consumers, as evidenced by the following determinations of the United States
Department of Health and Human Services:
Page 2 of 18
" N e a r l y 1 1 % o f a l l t o b a c c o r e t a i l e r s u n l a w f u l l y s o l d t o m i n o r s i n 2 0 0 7 ;
" N o n - t r a d i t i o n a l t o b a c c o r e t a i l e r s s u c h a s d e l i , m e a t , a n d d o n u t s h o p s s o l d
t o m i n o r s i n 2 0 0 7 a t a m u c h h i g h e r r a t e t h a n t h e s t a t e w i d e a v e r a g e , a s
h i g h a s 1 6 % ;
" T e e n s s u r v e y e d i n 2 0 0 2 s a y t h e y b o u g h t t h e i r c i g a r e t t e s a t : g a s s t a t i o n s
( 5 8 % ) , l i q u o r s t o r e s ( 4 5 % ) , a n d s u p e r m a r k e t s a n d s m a l l g r o c e r y s t o r e s
( 2 9 % c o m b i n e d ) ;
W H E R E A S , a r e q u i r e m e n t f o r a t o b a c c o r e t a i l e r p e r m i t w i l l n o t u n d u l y
b u r d e n l e g i t i m a t e b u s i n e s s a c t i v i t i e s o f r e t a i l e r s w h o s e l l o r d i s t r i b u t e c i g a r e t t e s
o r o t h e r t o b a c c o p r o d u c t s t o a d u l t s . I t w i l l , h o w e v e r , a l l o w t h e C i t y t o r e g u l a t e t h e
o p e r a t i o n o f l a w f u l b u s i n e s s e s t o d i s c o u r a g e v i o l a t i o n s o f F e d e r a l , S t a t e , a n d
l o c a l t o b a c c o - r e l a t e d l a w s ; a n d ,
W H E R E A S , t h e C i t y h a s a s u b s t a n t i a l i n t e r e s t i n p r o m o t i n g c o m p l i a n c e
w i t h F e d e r a l , S t a t e , a n d l o c a l l a w s i n t e n d e d t o r e g u l a t e t o b a c c o s a l e s a n d u s e ; i n
d i s c o u r a g i n g i l l e g a l p u r c h a s e o f t o b a c c o p r o d u c t s b y m i n o r s ; i n p r o m o t i n g
c o m p l i a n c e w i t h l a w s p r o h i b i t i n g s a l e s o f c i g a r e t t e s a n d t o b a c c o p r o d u c t s t o
m i n o r s ; a n d f i n a l l y , a n d m o s t i m p o r t a n t l y , i n p r o t e c t i n g c h i l d r e n f r o m b e i n g l u r e d
i n t o i l l e g a l a c t i v i t y t h r o u g h t h e m i s c o n d u c t o f a d u l t s ; a n d ,
W H E R E A S , i t i s t h e i n t e n t o f t h e C i t y C o u n c i l i n e n a c t i n g t h i s o r d i n a n c e t o
e n c o u r a g e r e s p o n s i b l e t o b a c c o r e t a i l i n g a n d t o d i s c o u r a g e v i o l a t i o n s o f t o b a c c o -
r e l a t e d l a w s , e s p e c i a l l y t h o s e w h i c h p r o h i b i t o r d i s c o u r a g e t h e s a l e o r d i s t r i b u t i o n
o f t o b a c c o a n d n i c o t i n e p r o d u c t s t o m i n o r s , b u t n o t t o e x p a n d o r r e d u c e t h e
d e g r e e t o w h i c h t h e a c t s r e g u l a t e d b y F e d e r a l o r S t a t e l a w a r e c r i m i n a l l y
p r o s c r i b e d o r t o a l t e r t h e p e n a l t i e s p r o v i d e d t h e r e i n .
T H E C I T Y C O U N C I L O F T H E C I T Y O F T E M P L E C I T Y , C A L I F O R N I A ,
D O E S H E R E B Y O R D A I N A S F O L L O W S :
S E C T I O N 1 . A r t i c l e D ( " T o b a c c o R e t a i l e r P e r m i t O r d i n a n c e " ) o f C h a p t e r 2
( " B u s i n e s s P e r m i t s n ) o f T i t l e 5 ( " B u s i n e s s L i c e n s e a n d R e g u l a t i o n s " ) o f t h e
T e m p l e C i t y M u n i c i p a l C o d e i s h e r e b y a d d e d a s f o l l o w s :
A r t i c l e D . T o b a c c o R e t a i l e r P e r m i t O r d i n a n c e
5 2 5 0 T i t l e .
T h i s A r t i c l e m a y b e r e f e r r e d t o a s t h e " T o b a c c o R e t a i l e r P e r m i t O r d i n a n c e "
o f t h e C i t y o f T a m p l e C i t y .
5 2 5 1 P u r p o s e .
P a g e 3 o f 1 8
In enacting this Article, it is the intent of the City Council to encourage
responsible tobacco retailing and to discourage violations of tobacco related
laws, especially those that discourage the sale or distribution of tobacco and
nicotine products to minors. There is no intent, however, to expand or reduce the
degree to which the acts regulated by Federal or State law are criminally
proscribed or to alter the penalties provided therein.
5252 Definitions.
The following words and phrases, whenever used in this article, shall have the
meanings defined in this section unless the context clearly requires otherwise:
Arm's length transaction shall mean a sale in good faith and for valuable
consideration that reflects the fair market value in the open market between two
informed and willing parties, neither of which is under any compulsion to
participate in the transaction. A sale between relatives, related companies or
partners, or a sale for which a significant purpose is avoiding the effect of the
violations of this article is not an arm's length transaction.
Department shall mean the Community Development Department, and any
other agency or person tasked by the City Manager of the City with enforcement
of this Article.
Director shall mean the Community Development Director of the City and any
other person tasked by the City Manager of the City with enforcement of this
Article.
Permittee shall mean any tobacco retailer or proprietor thereof holding a permit
issued by the City pursuant to the provisions of this Article.
Person shall mean any individual , partnership, copartnership, firm, association ,
joint stock company, corporation, or combination of the above in whatever form
or character .
Proprietor shall mean a person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist when a person has a
ten (1 0) percent or greater interest in the stock, assets, or income of a business
other than the sole interest of security for debt. A managerial interest shall be
deemed to exist when a person can or does have or share ultimate control over
the day-to-day operations of a business.
Self-service display shall mean the open display or storage of tobacco products
or tobacco paraphernalia in a manner that is physically accessible in any way to
the general public without the assistance of the retailer or employee of the
retailer and a direct person-to-person transfer between the purchaser and the
retailer or employee of the retailer. A vending machine is a form of self-service
display.
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Smoking shall mean possessing a lighted tobacco product, lighted tobacco
paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar,
hookah pipe, or cigarette of any kind) and means the lighting of a tobacco
product, tobacco par aphernalia, or any other weed or plant (including a pipe,
cigar, hookah pipe, or cigarette of any kind).
Tobacco paraphernalia shall mean cigarette papers or wrappers, pipes, holders
of smoking materials of all types, cigarette rolling machines, and any other item
designed for the smoking, preparation, storing, or consumption of tobacco
products.
Tobacco product shall mean any substance containing tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and
any product or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
the expectation that the product or matter will be introduced into the human body,
but does not include any cessation product specifically approved by the United
States Food and Drug Administration for use in treating nicotine or tobacco
dependence.
Tobacco retailer shall mean any person who sells, offers for sale, or does or
offers to exchange for any form of consideration, tobacco, tobacco products or
tobacco paraphernalia.
Tobacco retailer permit shall mean a permit issued by the City authorizing a
proprietor to engage in tobacco retailing .
Tobacco retailing shall mean the doing of any of the activities mentioned in the
definition of tobacco retailer. This definition is without regard to the quantity of
tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale,
exchanged, or offered for exchange.
5253 Tobacco retailer permit required.
A. It shall be unlawful and a misdmeeanor for any person to act as a
tobacco retailer in the City without first obtaining and maintaining a valid tobacco
retailer's permit pursuant to this Article for each location at which that activity is to
occur.
1. Except where noted otherwise in this Article, notwithstanding
any other provisions of this Code, the issuance, suspension, and revocation of a
tobacco retailer permit, and all related procedures, shall be governed solely by
this Article.
Page 5 of 18
5254 Limits on eligibility for a tobacco retailer permit.
A. No tobacco retailer permit may issue to authorize tobacco retailing
at other than a fixed location. Peripatetic tobacco retailing, tobacco retailng by
persons on foot or from vehicles is explicitly prohibited.
B. No tobacco retailer permit may be issued to authorize tobacco
retailing at any location that violates any provision of the T em pie City Zoning
Code.
5255 Tobacco retailer permit application procedure.
A. Any person seeking a tobacco retailer permit shall submit a
completed application, on a City·approved form, to the Department. Said
application shall contain the following information:
Application for a tobacco retailer permit shall be submitted in the name of each
proprietor proposing to conduct retail tobacco sales and shall be signed by each
proprietor or an authorized agent thereof.
1. The name, address, and telephone number of each
proprietor of the business seeking a permit.
2. The business name, address, and telephone number of the
single, fixed location for which a permit is sought.
3. A single name and mailing address authorized by each
proprietor to receive all communications and notices (hereinafter, "Authorized
Agent") required by, authorized by, or convenient to the enforcement of this
Article. If an Authorized Agent is not supplied, each proprietor shall be
understood to consent to the provision of notice at the business address
specified in subparagraph 2, hereinabove.
4. Proof that the location for which a tobacco retailer permit is
sought has been issued a valid state tobacco retailer's license by the California
Board of Equalization.
5. Whether any proprietor or any agent of the proprietor has
been issued a permit pursuant to this Article that is or was at any time suspended
or revoked, and, if so, the dates of the suspension period or the date of
revocation .
6. Whether any proprietor or any agent of the proprietor has
admitted violating or has been determined to have violated any provision of this
Article or any State or Federal tobacco·related law, and, if so, the dates of all
such violations within the preceding five (5) years.
7. Such other information as the Department deems necessary
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for the administration or enforcement of this Article as specified on the
application form required by this section.
B . No application for a tobacco retailer permit shall be accepted by the
City unless accompanied by payment of an annual fee in an amount established
by resolution of the City Council.
C. A permittee shall inform the Department in writing of any change in
the information submitted on an application for a tobacco retailer permit within
ten (10) business days of a change.
D. All information specified in an application pursuant to this section
shall be subject to disclosure under the California Public Records Act (California
Government Code section 6250 et seq .) or any other applicable law, subject to
the laws' exemptions .
5256 Issuance of tobacco retailer permit.
A. Upon the receipt of both a completed application for a tobacco
retailer permit and the corresponding permit fee, the Department shall issue a
permit unless substantial evidence demonstrates that one or more of the
following bases for denial exists:
1. The information presented in the application is inaccurate or
false. Intentionally supplying inaccurate or false information shall be a violation of
this Article.
2. The application seeks authorization for tobacco retailing at a
location for which this Article prohibits issuance of tobacco retailer permit.
However, this subparagraph shall not constitute a basis for denial of a permit if
the applicant provides the City with documentation demonstrating by clear and
convincing evidence that the applicant has acquired or is acquiring the location or
business in an arm's length transaction.
3. The application seeks authorization for tobacco retailing for a
proprietor to whom this Article prohibits a permit to be issued.
4. The applicant or proprietor of the proposed tobacco retailer
has had a tobacco retailer permit revoked within the preceding twelve (12)
months.
4 . The application seeks authorization for tobacco retailing that
is prohibited pursuant to this Article, that is unlawful pursuant to this Code
{including without limitation the Zoning Code and business license regulations),
or that is unlawful pursuant to any other law.
Page 7 of18
B. Any applicant aggrieved by a decision denying a tobacco retailer
permit may appeal the decision in the same manner as the appeal of a
suspension or revocation pursuant to the provisions of 5262.0 and 5263 of this
Article .
5257 Term and Renewal.
A. Term. A permit issued pursuant to this Article shall be valid for one
(1) year, unless the permit is revoked earlier in accordance with the provisions of
this Article .
B. Renewal of permit. Each tobacco retailer who seeks to renew a
tobacco retailer permit shall submit a renewal application on a City-approved
form and tender the annual permit fee to the Department no later than thirty (30)
calendar days prior to the expiration of the permit. Any tobacco retailer permit
that is not timely renewed shall expire and become null and void at the end of its
term.
5258 Permits nontransferable.
A. A permit holder shall not operate under a name, or conudct
business under a designation, not specified on the permit.
B. A tobacco retailer permit may not be transferred from one person to
another or from one location to another. A change in proprietor, business name,
or location , or a change in any other information from that which is shown on the
permit application shall render the permit null and void, and shall require the
permit holder to obtain a new tobacco retailer permit in accordance with the
provisions of this Article.
C. Notwithstanding any other provision of this Article, prior violations at
a location shall continue to be counted against a location and permit ineligibility
periods shall continue to apply to a location unless:
1. The location has been fully transferred to a new proprietor or
fully transferred to entirely new proprietors; and
2. The new proprietor(s) provide(s) the City with clear and
convincing evidence that the new proprietor(s) has/have acquired or is acquiring
the location in an arm•s length transaction.
5259 Permit conveys a limited, conditional privilege.
Nothing in this Article shall be construed to grant any person obtaining and
Page 8 of 18
maintaining a tobacco retailer permit any status or right other than the limited
conditional privilege to act as a tobacco retailer at the location in the City
identified on the face of the permit. Nothing in this Article shall be construed to
render inapplicable, supersede, or apply in lieu of, any other provision of
applicable law, including but not limited to , any provision of this Code, including
without limitation Title 3, Chapter 2, Article C ("Second -Hand Smoke Control")
and Title 9 ("Zoning Regulations") and any condition or limitation on smoking in
an enclosed place of employment pursuant to California Labor Code section
6404.5. For example, obtaining a tobacco retailer registration does not make the
retailer a "retail or wholesale tobacco shop" for the purposes of California Labor
Code section 6404 .5.
5260 Operating requirements.
The following applicable operating requirements of this Section shall be deemed
conditions of any tobacco retailer permit issued pursuant to the provisions of this
Article, and failure to comply with every such requirement shall be grounds for
suspension, revocation, and/or the imposition of administrative fines in
accordance with Section 5262 of this Article .
A. Knowledge of applicable laws . It is the responsibility of each
permittee and proprietor to be informed of the laws applicable to tobacco
retailing , including those laws affecting the issuance of a tobacco retailer permit.
No person may rely on the issuance of a permit as a determination by the City
that the proprietor has complied with all laws applicable to tobacco retailing. A
permit issued contrary to this Article, contrary to any other law, or on the basis of
false or misleading information supplied by a proprietor shall be revoked
pursuant to Section 5262 of this Article. Nothing in this Article shall be construed
to vest in any person obtaining and maintaining a tobacco retailer permit any
status or right to act as a tobacco retailer in contravention of any provision of law.
B. Lawful business operation. In the course of tobacco retailing or in
the operation of the business or maintenance of the location for which a tobacco
retailer permit has been issued, it shall be a violation of this Article for a
permittee, or any of the permittee's agents or employees , to violate any local,
State, or Federal law applicable to tobacco products, tobacco paraphernalia, or
tobacco retailing.
C. Display of permit. Each tobacco retailer permit shall be prominently
displayed in a publicly visible location at the permitted location .
D. Retail sales to persons under eighteen prohibited. No person
engaged in tobacco retailing shall sell or offer to sell, give or offer to give, or
transfer or offer to transfer any tobacco product or tobacco paraphernalia to any
person who is under the legal age of eighteen (18) years.
E. Positive identification required. No person engaged in tobacco
Page 9 of 18
retailing shall sell or offer to sell, give or offer to give, or transfer or offer to
transfer any tobacco product or tobacco paraphernalia to another person who
appears to be under the age of thirty (30) years without first examining the
identification of the recipient to confirm that the recipient is at least the minimum
age under state law to purchase and possess the tobacco product or tobacco
paraphernalia. The permittee or the permittee's agent or employee shall refuse
the sale or transfer of any tobacco product or tobacco paraphernalia to any
person who appears to be under the age of thirty (30) years, who fails to present
valid, legal photo identification prior to the sale or transfer.
F. Minimum age for persons selling tobacco. No person who is
younger than the minimum age established by state law for the purchase or
possession of tobacco products shall engage in tobacco retailing .
G. Self-service displays prohibited. Tobacco retailing by means of a
self-service display is prohibited.
H . Compliance with State-mandated sign requirements. Tobacco
retailers shall post and maintain all signage required by the California Labor
Code, California Business & Professions Code, California Penal Code, and any
other applicable Federal, State, or local law.
I. False and Misleading Advertising Prohibited. A tobacco retailer or
proprietor without a current and valid tobacco retailer registration , including, but
not limited to, a tobacco retailer whose permit is suspended or has been revoked:
1. Shall keep all tobacco products and tobacco paraphernalia
out of public view. The public display of tobacco products or tobacco
paraphernalia in violation of this provision shall constitute tobacco retailing
without a permit under Section 5253; and
2. Shall not display any advertisement relating to tobacco
products or tobacco paraphernalia that promotes the sale or distribution of such
products from the tobacco retailer's location or that could lead a reasonable
consumer to believe that such products can be obtained at that location.
5261 Compliance monitoring and enforcement.
A . Compliance with this Article shall be monitored by the Los Angeles
County Sheriff's Department, the Public Safety Division and Code Enforcement
personnel, the Community Development Department, and permit investigators
(hereinafter, collectively, HEnforcement Officers "). The City Manager may
designate any number of additional persons to monitor compliance with this
Article.
B. Enforcement Officers should check the compliance of each tobacco
retailer at least three (3) times per twelve-month period. Enforcement Officers
Page 10 of 18
may check the compliance of tobacco retailers previously found to be in
compliance with this Article a fewer number of times so that Enforcement Officers
may check the compliance of new permittees and tobacco retailers previously
found in violation of this Article more frequently. Nothing in this paragraph shall .
create a right of action in any permittee or other person against the City or its
agents.
C. Compliance checks shall be conducted so as to allow Enforcement
Officers to determine, at a minimum, if a tobacco retailer is complying with Jaws
regulating youth access to tobacco. Enforcement Officers may also conduct
compliance checks to determine compliance with other laws applicable to
tobacco retailing.
D. Enforcement Officers shall have the right to enter, free of charge or
restriction, at any time, any place of business for which a pennit is required by
this Article, and to demand the exhibition of such permit for the current term by
any person engaged or employed in the transaction of such business.
E. The Los Angeles County Sheriffs Department and/or the City
Manager (or designee thereof) may promulgate and adopt policies, procedures,
and/or guidelines for the particpation of persons under the age of eighteen (18) in
compliance checks pursuant to this Article (hereinafter, "Youth Decoy").
F. The City shall not enforce any law establishing a minimum age for
tobacco purchases or possession against a Youth Decoy if the potential violation
occurs when:
1. The Youth Decoy is participating in a compliance check
supervised by a peace officer or Enforcement Officer;
2. The Youth Decoy is acting as an agent of an Enforcement
Officer;
3. The Youth Decoy is participating in a compliance check
funded in part, either directly or indirectly through subcontracting, by the city or
the California Department of Health Services.
5262 Suspension and revocation of tobacco retailer permit; imposition of
administrative fine
A. Suspension or revocation: Administrative Fine. In addition to any
other penalty authorized by law, a tobacco retailer permit shall be suspended or
revoked and an administrative fine shall be assessed against the tobacco
retailer in accordance with the procedures set forth in this Section if it is
determined that the permittee or his or her agent or employee has violated any
of the conditions of the permit imposed pursuant to this Article or any other local,
State or Federal law pertaining to the sale of tobacco products or tobacco
Page 11 of 18
paraphernalia to persons under eighteen (18) years of age .
1. First violation. Upon a determination by the Department of a
first permit violation within a sixty (60) month period, the permit shall be
suspended for a period of thirty (30) calendar days and an administrative
fine in the amount of $500 (or as otherwise set by resolution of the City
Council) shall be assessed against the tobacco retailer. The
administrative fine shall be due and payable in full at the time that the
suspension becomes effective.
2. Second violation . Upon a determination by the Department
of a second permit violation within a sixty (60) month period, the permit
shall be suspended for a period of ninety (90) calendar days and an
administrative fine in the amount of $1000 (or as otherwise set by
resolution of the City Council) shall be assessed against the tobacco
retailer. The administrative fine shall be due and payable in full at the time
that the suspension becomes effective.
3. Third violation. Upon a determination by the Department of
a third permit violation within a sixty (60) month period, the permit shall be
revoked and an administrative fine In the amount of $2500 (or as
otherwise set by resolution of the City Council) shall be assessed against
the tobacco retailer. The administrative fine shall be due and payable in
full at the time that the revocation becomes effective.
B. Revocation of permit wrongly issued. A tobacco retailer permit
shall be revoked if the Department determines that one or more of the bases for
denial of a permit under Section 5256.A of this Article existed at the time the
application was made or at any time before the permit was issued . No
administrative fine shall accompany a revocation of a permit that had been
wrongly issued.
C . Order of Suspension/Revocation . Upon a determination by the
Department that the permittee or his or her agent or employee has violated any
of the conditions of the permit imposed pursuant to this Article, or any other local,
State or Federal law pertaining to the sale of tobacco products or tobacco
paraphernalia to persons under the age of eighteen (18) years, the Department
shall serve a written Order of Suspension/Revocation of tobacco retailer permit
(hereinafter, "Order of Suspension/Revocation") upon either (i) the Authorized
Agent either via personal service or via first class mail, postage prepaid to the
adress provided on the tobacco retailer permit application, or (ii) if an authorized
agent was not listed on the tobacco retailer permit application, to the permittee
via personal service or via first class mail , postage prepaid to the business
address.
1. The Order of Suspension/Revocation shall provide, at a
minimum, the following information:
Page 12 of 18
a. The name of the permittee and tobacco retailer permit
number;
b . A brief statement of the specific ground(s) for the
suspens ion or revocation;
c. If applicable, the term of the suspension ;
d. If applicable, the amount of any administrative fine
being assessed;
e . If applicable, the dates and terms of any prior
suspensions and administrative fines within the preceding sixty (60) months;
f. The effective date of the suspension or revocation
and the due date of the administrative fine;
g If applicable, the date on which a permittee may apply
for a new tobacco retailer permit after revocation;
h. The time frame and manner in which the permittee
may contest the Order of Suspension/Revocation as set forth in Section
5262.D.1 of this Article;
i. A statement that the failure of the permittee to contest
the Order of Suspension/Revocation will constitute a waiver of the permittee's
right to administratively challenge the Order of Suspension/Revocation, and the
Order of Suspension/Revocation shall be deemed a final and binding
administrative decision ; and ,
j . If applicable and in the possession of the Department.
copies of the following documents:
1) Permittee's application for tobacco retailer
permit;
2) Permittee's tobacco retailer permit;
3) Permittee's Tobacco Retailer's License (as
issued by the State Board of Equalization); and,
4) Any law enforcement report, memorandum ,
and/or photograph submitted by the Sheriff's Department or other law
enforcement agency relied upon by the Department in support of the suspension
or revocation. These documents shall be redacted as required or permitted by
law.
2. Service of the Order of Suspension/Revocation shall be
deemed to have been completed on the date on which the Order of
Suspension/Revocation is either personally delivered to the Authorized Agent or
Page 13 of18
permittee or the date on which the Order of Suspension/Revocation is deposited
with the United States Postal Service.
3. Failure of an Authorized Agent or permittee to receive a
properly addressed Order of Suspension/Revocation shall not invalidate any of
the proceedings pursuant to this Article .
D. Contest of Order of Suspension/Revocation.
1. Any permittee whose permit has been suspended or revoked
pursuant to the provisions of this Article may contest the Order of
Suspension/Revocation by filing with the Department a written request to
contest the Order of Suspension/Revocation (including the imposition of the
corresponding administrative fine) within ten (1 0) calendar days of the Order of
Suspension/Revocation. The written request must include, at a minimum, the
following :
a. The name of the permittee, the address of the
business property, and the tobacco retailer permit number that is subject to the
Order of Suspension/Revocation;
b . The date on which the Order of
Suspension/Revocation was issued;
c. A brief statement in ordinary and concise language of
the specific action protested, together with any material facts claimed to support
the contentions of the permittee;
d. A brief statement in ordinary and concise language of
the relief sought, and the reasons why it is claimed the Order of
Suspension/Revocation should be reversed or otherwise set aside;
e. The signature of all proprietors who are contesting the
Order of Suspension/Revocation under penalty of pe~ury as to the contents of
the request for appeal.
2. Notwithstanding Article I, Chapter 4 ("Administrative
Citations") or any other provision of the Temple City Municipal Code, an
administrative fine assessed against a tobacco retailer in conjunction with an
Order of Suspension/Revocation, the assessment of the administrative fine shall
only be challenged as set forth in this Section .
3. Upon receipt of such written request for a hearing, the
Department shall give not less than five (5) business days written notice to the
permittee to show cause at a time and place fixed in the notice why the tobacco
retailer pennit should not be suspended or revoked (as the case may be). The
written notice of hearing shall be served upon the permittee in the same manner
as the Order of Suspension/Revocation.
Page 14 of 18
4. Any Order of Suspension/Revocation and any assessment
of a corresponding administrative fine shall be stayed pending a Director's
determination upon the timely filing of a request for a hearing.
E. Administrative review hearing.
1 . The Director shall conduct the administrative review hearing
at the designated time and place. The hearing is to be conducted informally, and
formal rules of evidence do not apply. If a Youth Decoy participated in the
underlying investigation, the Youth Decoy shall not be required to appear or to
give testimony. At the hearing, the permittee shall have the burden of showing
cause why the tobacco retailer permit should not be suspended or revoked, and
the permittee shall be given an opportunity to present any evidence (testimonial,
documentary, or otherwise) as it pertains to whether a ground for suspension or
revocation exists. In determining whether a ground for suspension or revocation
exists, the Director shall not consider any evidence pertaining to "preventative
measures" or "subsequent remedial measures" (e.g., employee training, the
termination of employment of the agent/employee that committed the underlying
violation , etc.).
2. Within thirty (30) calendar days of the conclusion of the
administrative review hearing, the Director shall serve the permittee with written
notice of its determination as to whether the tobacco retailer permit shall be
suspended or revoked (and the corresponding administrative fine shall be
assessed). The written determination shall be served upon the permittee in the
same manner as the Order of Suspension/Revocation. If the Director determines
that the tobacco retailer permit shall be suspended or revoked, the written
determination shall contain all of the Information required pursuant to Section
5262.C.1 of this Article. A written determination that the tobacco retailer permit
shall be suspended or revoked shall also contain the time frame and manner in
which the permittee may contest the Director's determination as set forth In
Section 5263 of this Article , and, a statement that the failure of the permittee to
contest the Director's determination will constitute a waiver of the permittee's
right to administratively challenge the Director's determination, and the Director's
determination to suspend or revoke the tobacco retailer permit shall be deemed a
final and binding administrative decision.
5263 Appeal of director's determination.
A . Request for appeal. Any permittee who has been aggrieved by a
Director's determination to affirm an Order of Suspension/Revocation and to
suspend or revoke a tobacco retailer permit (and impose the corresponding
administrative fine) may appeal the Director's determination by submitting a
written request for appeal to the City Clerk within ten (1 0) calendar days of the
Director's written determination. The written request for appeal shall contain, at a
minimum, the following:
Page 15 of18
1. The name of the permittee, the address of the business
property, and the tobacco retailer permit number that is subject to the Director's
determination to suspend or revoke;
2. The date on which the Director's determination was issued;
3. A statement as to all grounds for appeal in ordinary and
concise language, together with any material facts claimed to support the
contentions of the permittee (as only the matters and issues raised in the written
request will be considered on appeal);
4. A brief statement in ordinary and concise language of the
relief sought, and the reasons why it is claimed the Director's determination
should be reversed or otherwise set aside;
5. The signature of all proprietors who are contesting the
Director's determination under penalty of perjury as to the contents of the request
for appeal.
B. Staying of suspension/revocation . A Director's determination to
suspend or revoke a tobacco retailer permit (and to pay the corresponding
administrative fine) shall be stayed pending a determination of the City Manager
(or designee thereof) upon the timely filing of a written request for appeal.
C. Notice of apoeal hearing. Upon receipt of such written request for
appeal, the City Clerk shall give not less than five (5) business days written
notice to the permittee of the date and time of the appeal hearing. Service of the
notice of appeal hearing shall be in the same manner as the Order of
Suspension/Revocation.
D. Appeal hearing. At the time and place set for the appeal hearing,
the City Manager (or designee thereof) shall proceed to hear testimony and to
receive evidence from the City, the permittee, and other competent persons
respecting those matters or issues on appeal. Only those matters or issues
specifically raised by the permittee in the written request for appeal shall be
considered in the hearing of the appeal. The formal rules of evidence do not
apply to this proceeding. If a Youth Decoy participated in the underlying
investigation, the Youth Decoy shall not be required to appear or to give
testimony . At the hearing, the permittee shall be given an opportunity to present
any evidence (testimonial, documentary, or otherwise) as it pertains to whether a
ground for suspension or revocation exists. In determining whether a ground for
suspension or revocation exists, the Director shall not consider any evidence
pertaining to "preventative measures" or "subsequent remedial measures" (e.g.,
employee training, the termination of employment of the agent/employee that
committed the underlying violation, etc.).
E. Decision on appeal. If it is shown at the appeal hearing by a
preponderance of the evidence that one or more bases exist to suspend or
revoke the tobacco retailer permit, the City Manager (or designee thereof) shall
Page 16of 18
affirm the Director's determination to suspend or revoke the permit and to impose
the corresponding administrative fine . The City Manager shall cause to be
served upon the permittee a written notice of decision, which shall contain the
City Manager's determination as to whether the tobacco retailer permit shall be
suspended or revoked and the corresponding administrative fine assessed, as
well as findings of fact that support the determination . The written notice of
decision shall further inform the appellant that the decision is a final decision and
that the time for judicial review for the suspension or revocation is governed by
California Code of Civil Procedure Section 1094.6 et seq ., and that the time for
judicial review for the imposition of the administrative fine is governed by
Government Code Section 53069.4(b). The notice of decision shall be served
upon the appellant in the same manner as the Order of Suspension/Revocation .
A decision to affirm the Director's determination to suspend or revoke a tobacco
retailer permit shall become effective, and the permit shall be suspended or
revoked, immediately upon service of the written notice of decision . The
corresponding administrative fine shall be immediately due upon service of the
written notice of decision .
5264 New permit after revocation.
A. Notwithstanding any other prov1s1on of this Article, no tobacco
retailer's permit shall be issued to a tobacco retailer (or proprietor thereof) whose
permit has previously been revoked pursuant to Section 5262.A of this Article for
a period of twelve ( 12) months from the date of the prior revocation .
B. Notwithstanding any other provision of this Article, no tobacco
retailer's permit shall be issued for any location where a tobacco retailer permit
has previously been revoked pursuant to Section 5262 .A of this Arti cle for a
period of twelve (12) months from the date of the prior revocation, unless
ownership of the business at the location has been transferred in an arm's length
transaction.
C. The revocation of a tobacco retailer's permit pursuant to Section
5262.8 of this Article shall be without prejudice to the filing of a new tobacco
retailer permit application. Any such new application shall be reviewed in
accordance with Section 5256 of this Article.
5265 Violations.
A. In addition to any other remedy , any person who causes, permits,
aids, abets, suffers, or conceals a violation of any provision of this Article, or who
fails to comply with any obligation or requirement of this Article, is guilty of a
misdemeanor punishable in accordance with Title 1, Chapter 2 of this Code.
Page 17 of18
B. Each violation of this Article is hereby declared to be a public
nuisance.
C . The remedies provided by this Article are cumulative and in
addition to any other remedies available at law or in equity.
D. In addition to other remedies provided by this Article or by other
law, any violation of this Article may be remedied by administrative or civil action,
including, but not limited to, civil injunction or other abatement action.
5266 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this
Article is declared by a court of competent jurisdiction to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of the remaining
portions of this Article . The City Council declares that it would have adopted this
article, and each section, subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, phrases, or
portions be declared invalid or unconstitutional.
SECTION 3. This Ordinance shall take effect thirty (30) days after its
adoption, and shall become operative on said date or January 1, 2013,
whichever is later. The City Clerk, or her duly appointed deputy, shall attest to
the adoption of this Ordinance and shall cause this Ordinance to be posted as
required by law.
ORDINANCE NO. 12-965 HAD ITS FIRST READING ON , ITS
SECOND READING ON , AND WAS DULY PASSED, APPROVED,
AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AT
ITS REGULAR MEETING OF-----
Vincent Yu, Mayor
Attest
City Clerk
Page 18 of 18
Attachment "B"
Tobacco Retailer Licensing Is Effective
August2012
More than 90 communities In California have adopted strong local tobacco retailer licensing ordinances in an effort to reduce
illegal sales of tobacco products to minors. These ordinances require tobacco retailers to obtain a license to sell tobacco, which
Includes an annual licensing fee high enough to fund strong enforcement programs and financial deterrents for violators through
fines and penalties that include the suspension and revocation of the license.
The table below lists illegal sales rates to minors before and arter a strong licensing law was enacted in 33 communities where
data is available and enough time (usually at least a year) has passed after the ordinance was enacted to determine resuHs.
These sales rates were determined by youth tobacco purchase surveys administered by local agencies. It is important to note
that results from the youth tobacco purchase surveys are somewhat dependent on certain factors that differ In each community,
such as the age of the youth and the number of stores surveyed.
The results overwhelmingly demonstrate that local tobacco retailer licensing ordinances with strong enforcement provisions are
effective. Rates of Illegal tobacco sales to minors have decreased, often significantly, in all33 municipalities with a strong tobacco
retailer licensing ordinance where there is before and after you lh sales rate data available. However, a licensing ordinance by itself
will not automatically decrease sales rates; proper education and enforcement about the local ordinance and state youth access
laws are always needed.
For more resources on these ordinances, including the Matrix of Strong Local Tobacco Retailer Ucenslng Ordinances with policy
and enforcement details for every strong ordinance in the state, visit www.Center4TobaccoPolicy.org/localpolicies-licensinij.
For model tobacco retailer licensing ordinance language, visit Changelab Solutions at changelabsolutions.org.
TABLE OF YOUTH SALES RATES BEFORE AND AFTER THE ADOPTION
OF A STRONG TOBACCO RETAILER LICENSING ORDINANCE
•• t •• • I 7·~ fr-.v~~lt])~!f5JiaJ.~~ , Most Recent '.""'u~·~~ _'-'Before Ordlna~t::e •wl Youth Sales Rate
Banning August2006 $350 n% 21%
Beaumont D-ecember 2006 $350 63% 20%
Berkeley December 2002 $427* 38% 4.2%
Burbank February 2007 $235 28.7% 4%,
caJabasas June2009 $0* 30.8% 5%
Coachella July2007 $350 69% 11%"
Contra Costa County January 2003 $160* 37% 16%
Corona October 2005 $350 50% 17%
Davis August2007 $344 30.5% 2%
Delano June 2008 $165 23% 5.6%
Desert Hot Springs August2007 $350 48% 4%
El Cajon June.2004 $698 40% 1%
Elk Grove SeptBmber 2004 $270 17% 14%
Grass Valley November 2009 $100 27% Oo/o
Grover Beach September 2005 $224 46% 18.7%
www.Center4TobaccoPollcy.org Continued on the next page
TABLE OF YOUTH SALES RATES BEFORE AND AFTER THE ADOPTION
OF A STRONG TOBACCO RETAILER LICENSING ORDINANCE (continued)
~ -.-...,.... villith ·sales -Rtite; ~J~nnuaJ ,fee • ~-~,, · -·· ~..... • __ . ;• .. Beloce Ordmance ~
Hollister May2006 $269 33%
KemCounty November 2006 $165 34%
La Canada Aintridge June 2009 $50" 47.1%
Los Angeles County December 2007 $235 30.6%
Murrieta May2006 $350 31%
Non:a March2006 $350 40%
Pasadena January 2004 $225 20%
Riverside May2006 $350 65%
Sacramento March 2004 $324 27%
Sacramento ~unty May2004 $287 21%
San Fernando October 2008 $250 38.5%
San ffancisco November 2003 $175* 22.3%
San Lufs Obispo August 2003 $255 17%
San wrs Obispo County October 2008 $342 33.3%
Santa Barbara County November 201 o $235 21%
Tehachapi February 2007 $165 8%
Vista May2005 $250 39%
Yolo County May2006 $344 28%
- -.. , f..!o_st ~ecent
.Youth Sales Rate
4.5%
13.3%
0%
8%
7%
6%
0%
31%
0%
14%
3%
15.5%
2.3%
50%
13%
16.7%
1.9%
0%
'City or County fee does not fully cover administration and enforcement or the tobacco relsller license. Rather. the fee Is supplemented with another slable source of lunas. sucn as
Mas tar Settlement Agreemen t (M SA) funds or gtnllllll funds. See the Center's Matrix Df Stnmg local Tobacco Reta iler licensing Drdlnm:es for lull datlls abolllllle administration
and enforcement of these ordliiCI!lCes.
The Center for Tobacco Policy & Organi zing • America n Lt 1ng Associa ti on of Californ ia
1029 J Street. Suit e 450 • Sacramento. CA 95814 • Phone: (916) 554 .5864 • Fax : (916) 442.8585 • www.Center4 TobaccoPolicy.org
o 201 2. canromla Department of Public HealtiT. Funde<J under con1ractll09-1 1 173.
Attachment "C"
Matrix of Strong Local Tobacco Retailer Licensing Ordinances
March 2011
In order to reduce illegal sales of tobacco products to minors, many cities and counties In California have adopted strong local tobacco retaner licensing ordinances. This
document highlights 86 ordinances in which the fee and enforcement provisions are particularly noteworthy. Although more than one hundred communities throughout the
state have passed tobacco retailer licenses, some of them do not contain provisions that would make them effective. A strong local tobacco licensing law Is defined as one
that inCludes the following four components:
• L..lcense that aD retailers must obtain In order to sell tobacco products and that must be renewed annuaOy.
• A fee set high enough to sufficiently fund an affective progam including administration of the program and enforcement efforts. An enforcement plan, that
Includes compllance checks. should be clearly stated.
• Coordination of tobacco regulations so that a violation of any existing local. state or federal tobacco regulation violates the license.
• A financial deterrent through fines and penalties Including the suspension and revocation of the 6cense. Fines and penalties should be outlined in the ordinance.
The 88 communHies thai hllv8 adopted these strong ordinances are detailed on the following pages In nMirS8 ctronologlcal order from most recentiy passed and Hsted
here In alphabetical order. Abany, Arroyo Grande, Baldwin Part<, Banning, Beaumont, Berkeley, Beverly Hills, BI.Sbank, Calabasas, Cafdomia City, Cdmasa, Canyon lake,
Carson, Cerritos, Coachella, Compton, Concord, Contra Costa County, Corona. CUlver City, Davis, Delano, Desert Hot Springs, E1mtvaJe. B CE~Jon, El Segundo, Elk Grove,
Firebaugh, Gardena, Glendale, Goleta, Grass Valley, Grover Beach, Hawthorne, Hemet. Hollister, Inglewood, Kern Coun1y, La Canada Aintridge.l..ake Elsinore, Lawndale,
Lomita, Long Beach, Los Angeles (City), Los Angeles County, Menifee, Mcfartand, Mendocino County, Montebello, Monterey Park, Moreno Valley, Murrieta, Navada City,
Non:o, Oakland, Pacifica, Palmdale, Pasadena, Perris, Rancho Cordova, Richmond, Riverside {City), Rlven;lde County, Saaamento (City), Sacramento County, San
Fernando, San Francisco, San Gabrtel, San Jacinto, San Lufs Obispo {City), San Luis Obispo County, Santa Ana, Santa Barbara (City), Santa Barbara Counf¥, Santa Clara
Counf¥, Santa Monica, Sierra Madra, Solana Beach, South Pasadena, Tehachapi, Temecula, Union City, VIsta, Wasco, WDdomar and Yolo County.
For each ordinance, the Matrix contains lnfolrnatton about the population of the city or county, the license fee amount, enforcement details, the schedule of Hcense
suspensloi1SireYDcatJons any additional provisions and local contact Information.
The Center lor Tobacco PoliCy & Organ • .c~ng • An1er1can Lunq flssoc1alion •n Ciihlorn•n
1029 J Street. :3Lute .150 • Sacratrlentc. GA 95a14 • Phorx:{916l 55 .. -5864 • F'ilx !9161442-8585 • ..-N,w.CentE:rJTohilr.coPot,r:·.:.o:g
The details of the ordinances outlined In the Matrix demonstrate that strong ordinances can be adopted In many communities and that the details are flexible enough to be
tailored to the specific community raa11ties and needs. Strong licensing ordinances have been adopted by cities In eighteen different counties In both 1'\A'lll and urban areas.
In addition, ordinances have been adopted In both small (Navada City-pop. 3,040, Firebaugh-pop. 6,941) and large cities (los Angeles-pop. 4,094,764, San Francisco-
pop. 856,095). The fees range from $30 for some smaller cities with only a couple of retailers to $685, with the majority of fees between $200 -$350. Enfa'cement and
compDance checks for these ordinances era handled by a variety of different agencies including the police department, sheriff's department, public heaJtti department,
code enforcement and others.
The Technical Assistance Legal Center (TALC) has a model tobacco retailer licensing ordinance available at http://www.phlpnet.org/tobacco-
controVproducts/Licensinq Ordinance. For questions about the model ordinance, contact lan McLaughlin with TALC at 51 o-302-3315. While aD the ordinances on this
matrix .., considered strong, they are not aft exactJy Bke the TALC model ordinance. Most significantly, some communities pay for compliance checks through other
sustainable funding sources. Although finding attematlve funding sources may not be possible In most communities, we have included these ordinances because there
may be locations where these strategies make sense. These ten ordinances are listed In a separate section starting on page 33.
The Center has addltfonal documents on tobacco retailer licensing, Including a fact sheet on the effectiveness of these ortfmances and a document with answers to tough
questions from opponents and electad offlclals about tobacco retaDer licensing, available at www.Center4TobaccoPolicy.org/localpolicies-licensing.
~ID&itit Fee' , ',entan:ement ActfvHJes SuspensloniRevOCatlon AdditiOnal Provisions Local Contact
Pai.aed :Sclh lddl·
-
s.m.a..~ S4251Anmal The Public Health Depar1ment 1" violation within 2 years-up Raqulre9 retallln to check 1he age of Nlc:ole Coxe, Santa Clara
Ncwember 2010 and lhe Shetlft's Office wiD to 30 day suspension purehaaer& wtto appear to be under County Public Hllllllth
dlldt aad1 rataler at Illest 1he aga at 30. Department
Population; 81,832 (In twice amuaDy to determine ~violation within 2 years-(408) 793-2745
unincorpotated ID1Iml) canpllance Wl1h youth access ~ to 90 day suspension Requires thBt cler1<s are the minimum Nicole.co~e®!2h Q,SC S<QOV.org
lawa. legal age to pun:haaa tobacco
3n1 violation within 2 years-producta (cummtly 18).
The Department ot one yaar suspension
Environmental Health Ill Requllllllhat all tobacco products
rqponslbla fC# compliance with and tobacco-relatBd advertising mlJIIt
d tobacco retailing laws other be~ from public view during
than youth BCCBSS law and wll periods of SUBpensio~ocation.
conduct a check on each
retailer at least once annually. Requres that no more than 15
percent of the windows and cleat
doors of a tobacco retailer can
contain advertising of eny sort.
Pronlblls a tobacco rataller from
seDJng any llavorad tobacco products
(other than tobacc:o or menthol). The
County wiD not enf~ thfa provision
untD at r.-1 October 2011 as It
gathenl more ln1orma.llon.
Bans mobile sales.
ProhlbHs a Dcense from being Issued
to any relafler that also contains a
• fexemDta exlatlna relllllersl.
The Center fC# Tobacco Poley & OrganiZing • Alnerican Llmg Association In Caotomla Page-2. of 36
C~.IDatill •fee I 'Enfotl:ement Ac'Qvftles: SuapenslonfR8010C8UO.. Adcfitlomii.Provlsfons Local Contact
~'M :~~ I .. ,... ·-
Prctllbits a license from being Issued
to any rataller that Is located within
1,000 feet of a school (axe~
existing ratallers).
Prohlbit3 a license from being Issued
to any retailer that Is located wi1hln
500 feat of another tobacco rataUer
(exempts existing retailenl).
s.nt8 ....... Countr $235 (Jot 2011 Santa Balbanl County Sheriff, 1" vlalation within 5 years -30 Bans mobile salsa. Dawn M. Dunn, Program
NcJverna-2010 (note: and 2012) and In conJunction with the Cotmy day auspetl!llcn (or 15 day Adminlstmtot, Tobacco
original ordinance S43S/Annual Public Health Department, Is suspension and $1,000 line If Prohlbit3 a license from belng Issued Prevention Settlement Program,
adapted In November stal11ng In 2013 rasponalble fOf' anfon:ement. ralaller enlenl settlement and to any retailer that Is located within Santa Barbata County Public
2001) The Sheriff wDI check eac:h stipUlates that sale occurred) 1 ,000 h!tlt of a school (exempts Health Department
retailer for compliance one to axlallng retailers). (805) 681-5407, I Popullltfan: 144.787 (In 1hree limes per year and can ~ 'licQtlon within 5 years-Dewn ,dun n@!;QC~:<hd org
unlncorporatad llleU) cheek a l'tltaiJer mora ot teas 90 day suspension (ot 45 day Requires retailers lo check the age of
often depending on the suspension and $5,000 line If pl.J"Chasers who appear to be under
rutaller'a compliance hlatay. retailer antBI'II set11ement and the age of 27.
stipulates that sale oecull"'ld)
Requires that clerks are the minimum
3"' violation within 5 yeara-lllg8l age to purchase tobacco
one year suspension (nve year products (currenlly 18).
suspension for retalkn
located Within 1,000 lee1 of Requires that aft tobacco product&
schools) and tobacco-retated advertising must
be removed from public view during
periods of suspenslon/ruvoeatlon.
City of Unlan City $665/Anral Thll Pollee Department Is 1"' vlalallon within 5 yams -ReqUres retailers to check thll age of Janice Louie, Alameda County
NovemiNJr 2010 Ntlp<JI'1Sibla for compliance writtBn warning ~who appear to be under Tobacco Control Program:
monitoring. the age of 27. (51 0) 20&-5916,
Population: 75,054 ~violation wlt.hln 5 yeam -Janice ,Jol.!ie@;;J~goy,Qrg
30 day revocation Requires 1hat clet1<9 are the minimum
legal age to purchase tobacco Of r violation within 5 years-90 products (currently 1 B).
day ravocatlon Serena Chen, American Lung
Requires that all tobacco prodUcts AssoclaUon In California:
4 110 violation within 5 years-5 and toblleeo-related advertising must (510) 63&-5864, schen @afac.org
year ruvoc:atlon be removed from pUblic Ylew during
periods of suspenslonlrevOClrtlcn.
Makes It a violation of the license to
violate any law ralated to 1he aahl of
drug paraphernalia.
Prd\lblta a tobacco retailer from
enaaalna In coup0111 ot nonsale
The Center fot Tobac:eo Polley I. 01g8nlzing • American I.Jmg Associldion In CaUfomia Page-3~or36
eommunn,~ •fM . Enforc.tnent Ac1lvHies · SUspeMfon/Re¥ocallon Additional Provisions t.ocaJ Contact
PasMd ' ,Sched.l ..
-· ...
distribution of tobacco products In
eny public place.
Bans mobile sales.
City of Eastville $35CVAnnual The RIYenllda Caunty 1" vtolatlon within 5 year.t - 1 Bans mobile sales. Dottle 8Bs-Mertd, Program
October 20t0 Department or Environmental day 111YOCiltlon. Ch!Gf, AetaD Tobacco
Fee paid to the Heafth Is reaponslbla for lhe Requires ratallenl to check the age of Pllfmlttlng Program, Riverside
~47,835 County of enforcement altha ordinance. 2"" viola don within 5 yea111-purchasers who rauonably appear County Department of
Riverside to 30-day revocation. underage. Erwlrorunental Heallh:
conduct the The Depar1ment ITIIIY' check (951) 356-5172
admlnlatra1fan known eomplleB less than 3"' violation wi1hln 5 yean~ -Requires lhat clerb ere the minimum dall il!m!i!@ti voche,Qrg
and ttne times per year In order to 90-day revocation. legal age to p~n:halle tobacco
enl'on:tment al lnc:nlase visits to known products (cunenlly 1 B).
the ordinance. affendeni. 4111 violation withi n 5 yean -5
year revoc:ation. Requires that all tobac:eo-ralll\ed
produeta and adveltblng rmst be
remOYed from public view during
periods of suspension or ravocatlon.
Prohibits tobacco retailers from
engaging In nonaale distribution
(samples, coupons, gift certificates)
on any private property thai Is open to
lha public.
I
City of a...ty Hlb $204/Annal The Polce Department is 1"' violation wlhln 5 yean-Bans mobile sales. Ctwistlna Reyes , MPH. Chief,
August2010 respons~ble for enforcement $250 clvl penalty Tobacco Retailer Ucenslng
with~ from Code Raqulras ratallets to check the age of U~. Tobacco Control and
Population: 38,224 Enfon::ement as needed. 2,.. vlalallon wtthln 5 yeara-p urchasers who appear to be under PntYentlon Program, LA County
90 day suspension and $750 t he age al30. Depl of PubBc Health:
c:tvtl penalty (213) 351-7309
Reqt.rfres that clertul ere the minimum ch rreyes~R!J.l nc;oun~.gov
3"' violation Within 5 years -legal age to purchase tobacco
permit 111Yoked and S1,000 products (cun91T11y 18).
c::MI penalty
Cfty of EJ Segundo ~SCV.Annuaf The Pollee 08par1mMlt Is 1 .. violation wllhln 5 years -30 Bans moble sales. ct'listina Reyes, MPH, Chler, I
June20t0 18SP0f1Sible for administration day suspension Tobacco Retailer Licensing
(rob~: the ortglnalllcenaa andenforcament. Unit, Tobacco Control an d
with no fae was passed In :zod violation within 5 yean -Prevantlon Program , LA County
2003) 90 day suapenalon Dept of Publlc Hea lth:
3"' violation within 5 years-
(213) 351-7309
Population: 17,049 ~<lm.yiiJ IR!l.~!<ourtv.~
one year suspension
4111 violation within 5 years-
Dc:enae revoked
The CenterforTobacoo Pollcy&Otganlzlng • Amertcan Lung Assocllltlon In California Page-4-of38
cotnrnunlty/Dd ·Fee --£nratcernent ACtMIIes SUipenBion/Revocatfon Additional Pruvfslons . Local Contact
PaNed Sc:h.sM
Mendocino County S29CVAnrual Tha COU1ty HtBth end HuiiWI 1 .. violation wllhln 3 years-Bans rnoble salas. Valerie L.awe, Mandoclno
Aprii2D10 Services .ncy Is ""PPffSSbbe wrfttan waml~ and County Hesfth & Human
(note: the orlglnalllcerae ror compliance checks and wiD requlranent 1hat all employees Requlras !hal all tobacc~relatad Services Agency:
with an insufficient fee check the camplle.nce of ead'l be trained on 5Blas to minors pnxluclll and paraphernalia must be (107) 472-2791 ,
was passed in 2004) rutall8r at least two times per laW8 or be subJect lo line of removed from public view duing kf..vev0cQ1rner.dOCl!]g1!iJ!1l!ll
yvar. $250-S1,000 periods af SU.'lpension.
Papulation: 82,182
2od vlolaaon wfttlin 3 year8 -
between 14 and 21 day
at.L'Ipenslon andfor between
$1,500 and $2,000 fine
3101 violation within 3 yearn -
between SO and 60 day
suspension andlor between
$3,000 and $5,000 nne
4" violation within 3 years -
betWeen 90 and 180 day
auapenslon and/or between
S1 0,000 and $20,000 fine
511 vlclatlon wllhfn 3 yeanr -
license 18Yobd f« not less
than one year
Cftr flf San Glllrlel S3001Anrull Tha Polce Dllpas1ment Ia 1u violation wtthln 5 yeara-SO Req~res that all tobacco products Ctwistlna Reyes, MPH, Chlel,
Man:h2010 responslbla for enfon:ement. day suspension and tobacc~ntlated advertising muat Tobacco Relaler Ucensing
be removed from public vlaw during Urit, Tobacco Conlrol and
PGpulatlan: 42.884 r-viola lion within 5 years-periods af suspensloni18Yocatlon. Prevention Program, LA County
90 day suspension DepL of Public Health:
(213) 351-7309
3"' violation within 5 years -r.;lv!'evll:§lgb.lsUlll!.!Illt.SI:!lt
llcensa ravoked
R~CGunty $350/Annual Tha Rlvanldl County 1 • violation Within 5 yu<n -1 Bam mobile aales. Dottle EDis-Marlcl, Program
....,.,. 2010 (note: Depar1ment of Envlronl'l'llll'ltll1 day revocatiOn. Chief, Retail Tobacco
ortgln.r ordinance HBIII'Ih Is responsible for the Requires retailers lo check the aga or Permitting Program, Rlvenilde
adcpted In Septamber enforcement Gl the ~nee. ~ vldatlon within S yaars -pli'Chasefs Who reasonably appear County Department of
2005) 3Cktay I'IIVOCal!on. Wlderage. Environmental Health:
Tha Dapartment may checlc (951) 358-5172
Population: ...,_(In known eomplers less than 3"' violation within 5 yean -Requires that dettce are the minimum de Hi sme@riv or;;ha.orn
unincorporated araaa) ttne 1ilne3 per year In order 1o 90-day revocation. legal age t o purchase tobacco
lncnNmevisltstoknown products (currwetly 1 &>.
offendars. 411 violation within 5 years-5
year 1'8110C8tion. Req~res lhlllllll tobacc~related
products and advet1blng mt.L'Il be
removed from public view during
periods of auapenslon or revocallon.
Tha Center for Tobacco Policy & Organizing • Amerlean Lung A!lsoclatlon In CaUfomia Page -5 -of 36
COI'nn\U11tty/Dali -FM EnfOR:ement Actlv1tl .. ~Oil Additional f'rcMslons Local Contact
PaMd Sc:h~
Prohibits tobacco nrlailen! from
engaging In nonsale distribution
(SIIInples, coupons, gtft certificates)
on any p rivate property that Is open to
the public.
City Cit P1llmclale $35QfAniUJ Compliance wiD be monitored 1" viclallon within 5 Yealll -90 Bans mobDe sales. Christina Reyes, MPH, Chief,
January 20'10 by ant city official authcllized to day revocation, written Tobacco RetaUer Licensing
anfoR:e this section. warning, 111qulnlment that aD Requires that no license may be Unit, Tobacco Control and
Population: 16:2.822 employees engaged In gnmted to any business offering food Pnlventlon Program, U\ County
tobacco retailing receive or alcoholic beverages for 88le for Depl of Public Health:
tn.lnlng In a city-approved comu.mplion on the pramises. (213) 351·7309
program within 60 days ~;hrr~~~§@Rh, fiJ:CQIJO !)!.QQV
Requires retailers to check the age of
2'"' vlala1lon within 5 years -purchasers who appear to be under
one year IIUSpenslon the age of 27.
3n1 violation within 5 years -Requlras that clerks are the minimum
license revoked legal age to purct.ae tobacco
products (c~.m~nlly 18).
Requres that all tobacco-related
products and paraphernalia must be
removed from public \/leW during
perioda of stL'Spension.
City of Menifee SS50/An1Ull The Rlwnlda Cclunty 1• Yiallltlon within 5 yeaTII-10 Bans mobile sales. Dottle ED1s-Mer1cl, Program
o.c.nber 2009 Depal1ment of Environmental dey revocation Chief, RetaD Tobacco
Fee paid to the Health Ill responsible for the Requires telallera to chactc the age of Permitting Program, RIYel'side
Population: 88,to5 County of eni'Dit:ement of thu ordinance. r violation within 5 yeers-purchasers who appear to be under County Department of
Rivernfde to 30 day revocation the age of 30. Environmental Health:
condUctthu The Department may check (951) 358-5172
admlristndlon known campllans les8 than :rot violation wi1Nn 5 years -90 Requires that clet1al are the minimum denlsma@rivocha.o rg
and thnle times per year In order to day revocation legal age to purchase tobacco
••fcxcement rA lncntaae vlstts to known products (currently 18).
the ordinance. oft enders. 4111 Ylolallon within 5 years -5
year ravocatlon Requires that aR tobacco pruducts
and tobaccCH'I!Iated advertising must
For the tim and second be 111moved from ptblic view dt.ring
violation thu rataller can enter periods or IIUBpanslonlreYocatlon.
e settlement to pay a fine and
get e raclJcecl nwocatlon.
car gf or.a v....., $100/AniUll The Polce Dep.l1ment Ia 111 Ylclatlon -license Makes It a violation of the license to Felicia Sobonya, Nevada
Ncwember 2008 responsible for acfmlrWIInlllon S&JSpended vlceate any law related to the 88le of County Tobacco Use
and enl'ueement. hfy peace drug paraphernalia. Prevention Coordinator:
~12,748 oftlcer can enforce these r violation within 2 years-(530) 265--7018,
provisions. The Pollee 15 dey 6U8plln81on Requires retallent to cheek thu ega of felli:'III,IIQI;!CI [!!f!~Q,~!l!l !;!l!,(;i;!l,
Depal1ment wiD ehecl( the pUJCha&era who appear to be under J.!.!l
complance of each tobacco 3"' violation within 3 years -30 the age or 21.
The Centwfor Tobacco Polley & Otgantzlng • Amerieen Lung Assoclll1lon In California Page·6·of36
CclmrnllnttyJDabt ·Fee ~ActMtles · , SU8penslon/RiVOc8tlon Addltlanal Provtlfons Local Contact
Paud Sctltdult'
Altallet at least one time par day auspenslon
year. Requires lhal cler1<:!en~ the minimum
4111 violation within 3 yean -legal age to purchase tobacco
license nwoked products (cumsntly 18).
Bans mobile sales.
Requires thai aD tobacco-related
products and advertising must be
remDIIed from public vlaw dUI1ng
periods of suspension ex 111Yocatloo.
City of Lewndllle S150tAniUII The Municipal Services 11 violation within 5 years-30 Bans mobile sales. Chrisllna Reyes, MPH, Chief,
October 20011 Department h I1ISpCift8lble lor day suspension Tobacco Retailer licensing
admlratrlltlon and Unit, Tobacco Control and
Poputlltlon! ss.&41 enfotcemeut. r' vlolaUoo within 5 years-Prevention Program, LA County
90 day suspension Dept ot Public Health:
(213) 351-7309
3"' violation within 5 years -s;;hrrm1111.lh~mm~.g!ll!
one year &UBpenslon
4 111 violation wllhln 5 years -
license mvoked
Cfty of Montebello $3001Annual The Pollee Dlpartrnent Is 111 violation within 5 yean; -SO Requires retalleni to check the age of Clvbtlna Reyes, MPH, Chief,
s.ptemb.r 20011 responsible for eompllanea day suspension p~as~~~S who appear to be under Tobacco Ratalar Ucenslng
cheeks and wiD check each the age d27. Unit, Tobacco Control and
POf'Uiatlan: 85,781 rela!Jar at least two times per r' vlalatlon within 5 years -Preverrtfon Program. LA County
ymsr. 90 day suspension Requires that c:terlls are the minimum Dept. of PubRc Health:
legal age to pun;hasa tobac:co (213) 351-7309
3n1 violation within 5 ye~W -products (cummUy 18). r.:hrm:tzflgb.lls;;giiJllY.tKIIC
license revoked
Requires that all tobacco-related
products and paraphemafia must be
remDIIed from public vlaw during
periods ot suspension.
Makes It a vlolatloo of the license to
violate any law related to the sale of
dl\lg paraphemaDa.
Bans moblla sales.
Smoking Is prohl bfted Inside the
pmmlses of a tobacco rutaller and in
aD adJacent outdocx areaa controlled
by 1t1e ret.ller.
ctty of FlreMugh $190fAnrwl The Pollee Depamnent Is 1"' vlclllllon within 5 years-10 Requlraa that an tobacco-11tlated SUsan Paarman. American Lung
August2D09 for comDilance. diiV 11t110Catlon prodUcts and adVertising must be Association In Caftfomia:
The Center for Tobacco Policy A Organizing • Arnartcan Lung Aaaoelatlon In California Page-7 • of36
.~JDd Fte . E!nforeetnent AdlvltiM . SUspe•IOII/ReYocdOI'I Adell~ Provisions l.ocal Contact
:Paned I 'Schedule
' . -... -
Retaler.l wm be inspected two ramovad from public view durtng (559) 222-4 800.
Popcddon: 6.941 limes per yur. 2"" violation within 5 years -periods ot suspension or revocation. Sr?earmao@ala c.org
30 day nwocation (and $250
fine if within 1 ~or flnlt Bans mobile sales.
violation)
Requlrea nrtailenl to check 1he "'!18 of
:ret violation within 5 years-90 purchasers who appear to be under
day ruvoc:atlon (and $500 fine the age ot 27.
If within 1 yaar of flnrt violation)
Requirvs that clerka are the minimum
4"' violation witl'in 5 yealll-5 legal age to pun:haae tobacco
year revocation and $1,000 products (curramty 18).
line
Makes it a violation of the licerae to
vlclata any law related to the sale of
drug paraphemalla.
City of.._. Beac:tl Nte not set yet The Community Deve!Qilmllnt 111 violation within 5 years -30 Bans moble ealas. Ka1hy SUIIvan, American Lung
July2000 but ordnance Depctmant 19 I'IISpOhSibfe ror day suspen&Jon or fine Association ln CaiUornla:
n~q'*'ts II to be mcnltortng compliance. The Requires that no ncense may be (619) 297-3901,
Popu!Mion: 13,783 autllclantto Department wm check the 2"" violation within 5 yaa111 -granted to any buslneaa offering food k su!ll v~n~ii!l!il!::, Qrg
CCMif compliance of each rataDer at 90 dirt suspension (riilaller or ek:ohoUc beverages for sale ror
lldrnlratndfon least one time per ylllll'. must also pay tine If violation consumption on the premises.
and Within 12 months of llrst
llrlfon:emant. violation) Reqmvs ratalleta to check 1he ege of
pi.II'Chas11111 who appear to be undel
3"' violation within 5 years -the age of 27.
one year suspension (ret ailer
must also pay fine if violation Requires that clertca ara the minimum
within 12 months of first legal age to pun:hlse tobacco
vlollltion) products (cunanlly 1 B).
411 violation within 5 years -
license rwvaked (retailer must
also pay fine if violation wtthln
12 months of first violation)
City ol H8wthome $375/Annual Cod.•nt~t• 1" violation within 3 yean~ -Requires l'llldln to check the age of Christina Reyes, MPH, Chief,
Jutt2009 responsible for compliance writtan warning pl.O'Chasers who appear to be under Tobacco Retailer l..bnsing
checlcs. The Pollee Department tha age of 30. Unit. Tobacco Control and
Paf!Uidon: 90,145 Ill raspanslble for sting 2"" violation within 3 y881'9 -Prevention Program, LA County
operations. upto30days~~r2"" Requires that cle11ai arv the minimum Dept. of Public Health:
violation occl.lnl wHhin 1 year legal age to pun;t!Qe tobacco (213) 351-7309
of 1lrst violation-Up to 90 day produciB (cUJTIIfllly 18). chmlvl!~h.lacol!l~
suspension)
r violation Within 3 }'8llh -Up
Raquirvs 1hat all tobacco-relatscl
pruc!Ucb and advertising must be
to 90 day suspension removed from ptbltc view during
4"' violation within 3 YUnl -
periods of suspension or nwocatton.
The c.ntar for Tobacco Poi!Gy l Organizing • American Lung Association In CaDromlll Paga·B·of36
Commuhft.Y/Dal& Fee · · Enfolcement Actlvllles SiiiijiineiOiVRevocatlon , Additional Ptovfslons Loeal Contact
• P8ewd ' Sc:hedUie-
riC8flSe may De revoked
City of Culww City $23&'Arnal Compliance monitored by 1" violation within 5 ye11111 -30 Bans mobile sales. Christina Reyes, MPH, Chief,
~axJB Finance Department, Pollee day auapen&lon Tobecc::o Relzlhr Licensing
Department and Enfon:ement Requires retallers to chac::k the age of Unit. Tobac:c::o Control and
Papuldan: 40,722 SeMcee Dlvlllon. 2"" vldatlon within 5 years-pt.n;:hasers who appear to be under Pravantlon Program. LA County
90 day auapenslon the age ot 27. Depl ot Public Health:
{213) 351·7309
3"' violation within 5 ye11111 -Requlnts that c1er1<s are the mlnlmt.m chrre~~l!@Qh.laco un !Y.gov
license revoked legal age to purchase tobacco
products (cLJrTBntly 18).
Requires !hat all tobaccc.-relatad
productB and advartblng musl be
removed from public view during
periods of aU&penBion or revocation.
City of Cllbyan U.e $350/Anrull The Riverside County 1" violation within 5 years -1 Sana mobile sales. Dottle Elle-Mertd. Program
June2009 Depas1m8nt of Env!l'tlnmantal day revocation. Chief, RetaD Tobacco
Fee paid loh Health 1a responsible ror the Requru retailere to chec:k 1he age of Patmitting Progmm, Rlven>ide
Poputatlan: 11;Dlj County of enforcement of the ordnance. 2"" violation within 5 y8BI'II -purchaser& who reasonably appear Cotmty Department of
Riverside to 30-day revocation. underage. Environmental Health:
conduct the The Department may check (951) 35&-5172
administration known cornpllllrs less than 3o<1 vlolallon within 5 years -Raqtmls that clerks 1118 the mlnlmt.m de llisrne@ ti~ggh!1.0tQ
and three times per year In order to 90-<tay revocation. legal age to purchase tobacco
•lforcetnant of lncf8aevlsltsloknown products (currerrtly 18).
1he ardlrar.:e. offenders . 411 via&lrtlon within 5 years -5
year revocallon. Reqtints 1hat all tobacco-related
products and adver1islng must be
removed from public view during
periods of suspension or nwocation.
Prohibita tobacco telailers from
engaging in nonseJe distribution
(eamples, coupom, gift certlflcatas)
on any prfvate property that is open to
the piJ!Dc.
Cfly of RJchmond $1,082.441 Complance shll be mol~ 111 violation within 5 yeMI-10 ReqWas that all tobacco-related Denice Dennis, Project Director,
June2008 Anrull by lhe Richmond Pollee day revocation products and paraphernalia mU!It be Contra Costa Health Services:
(ccmblnad Department. removed from public view during (925) 313-6825,
~= 105,830 alcohol and 2"" violation within 5 yean -periods of SU!Ipenalon. dd!Qnm~~courn~
tot.:co retailer Ul"ldlnge aaJes Investigations 30 day I"'IVocalfon
fee) wll be completed enn&MIIy, Prollldes for timely appeals and
wf1lle compliance lnspectlona :rt violation within 5 years-90 hearlngs before the City Manager.
will be completad every two day revocation
years. Require8 retailer& to check the age of
4" violation within 5 yean~ -5 purchasers who appear to be under
year revocation the age Df 27.
_L___
The CentarforTobacco Polley & Organlzfng • American Lung Asaoclatlon In Ca&lomla Page - 9 -of 36
eotnmunltYIDM' .. Fee Enforcement Actlvftfes .. SU8pen81on/Revocatlon ' AddtlonatProvlsfona Local Contact
Paned I
I Sc:he411e ~
-··
Requires 1hat clertcs 1111!1 thll minimum
legal age to purchase tobacco
pnxtueb (currently 18).
Makes It a violation of the license to
violate any law ntlated to the sale at
Cug paraphernaDa.
Bans mobile sales.
City of Alb1lny $2SQ/Annt.al The Pollee Depattment Is 1' vldatlon within 5 ya;n -1 0 881'19 mobile sales. Janice lauhl, Alameda County
Febn.l8ry 2009 responsible for administration day revocation Tobacco Control Program:
and enfCRemenl Requires 1hat all tobacco-related (51 0) 208-5918,
Popuflltlon: 17 ,D21 ~ violation witnn 5 years -products and advertising must be .l~l.lki~t.IW illitiiSi9at:.llm
30 da y nwocatlon (and S250 removed from plbllc view during
flnlllf wtttm 1 year or ftnlt periods or suspension or nwocatlon. or
Ylolatlon)
Raqlfts retailer.! to check the ega of Saraf\a Chen, American llllQ
3"' violation within 5 )'9IW -90 pLn:hasers who appear to be under Association In caJifomla:
day mvoc:atlon (and $500 flnB Jhe age of 27. (510) 838-5864, sc hen@a lac.o rg
Jr within 1 year of second
violation) Requires that clel'tUiare the minimum
legal age to purchase tobacco
4"' violation within 5 yaan -5 products (cummtly 1 B).
yaarn~vocatlon and $1,000
ftne
City ot South Paudena $1SQ/Annual The Anance Depattment Is 1"' vicMIIon witNn one year-Bans mobile sales. CMsllne Reyes, MPH, Chief.
F~2009 responsible for compliance. 15 day suspension Tobacco Retailer Uoenstng
Ani peace officer may anfon:e Raqulra9 l'8tallera to chlldc 1t1e age of Unit, T abacco Controllllld
~25,881 the pravblons of the Jaw. 2"" violation within two yeara -pun:hasenl who appear to be under PraYention Program. LA County i
30 day suspension the age at 27. Depl of Public Health:
CompOanc:e c:hecka wll be (213) 351·7309
conducted ror each nrta11er at 3"' violation within three years Requires 1hat c1etta1 are the mlnlmtm~ ChiTB!lBS~(;l h.IS!&O!.!O!Y,gQ:i
least once per year. Mora -90 day suspension legal age to ~hase tobacco
lraquent compliance ct.ecks products (cummtly 18).
may be conductlld for naw 4 111 vlalallon within four Y911B -
retailers and those who '-one yeN auspenalm Requires 1hat all1obacco-related
comnitled previous violations. pmducts and advertising must be
ramOI&d from public vl8w dllfng
periods at suspension or revocation.
City of Santa Monfca $135..451 The City Manager or Manager's 1.r violation within 5 yeata-up Bans mobile sales. Christina Reyes, MPH, Chief,
November 2008 Annual designee Is responslble for to 30 day suspension Tobacco Retailer Licensing
suspension and ravocatlon at Requires retailers to check the age of Unit, Tobacco Control and
Papuldon: 82,70S lhe license. ~ vloll!lllon within 5 years-purchasers whc appeer to be under Prevention Program, LA County
up to 90 day s uspension the age of 27. Dept. or Pubi'IC H ealth:
3"' viola!lon within 5 years -
(213) 351·7309 =..._that clalb are the mlnlmtm~ ~;brrfi!!l~~l21:! I~S<Q!.!n!Y,gov
lcense mav be revoked I age to purchase tobacco
The Center for Toblloco Poley & OrganiZing • American t.ung Aasoc:lallon In CaDfomla Page -10-ol38
Cotnmunlty/Date 1:.. Enforcement AcllvltiM $.1apeMioriiRevoc.aOh · Additional ProvlstoM Local Contact
PJi!saed Schecllle
:
products (cummtly 1 B).
Requires that an tobacco-related
produc13 and advel1lslng must be
ramovad from public view during
periods of suspension or revocation.
Cfty of 88ldwtn P8rtl $342/Annllaf The Ccml'llUN\y Development 1" vtalatlon within 5 ye11t9 -10 Bans mobile sales. Chlbtlna Reyes, MPH, Chlet,
October 2008 Depertment shaD be day rsvocatlon Tobacco Rlltllilel' Ucensing
raeponalble for compliance. Requires ratallels to check the age of Unit, Tobacco Control end
Population: 81,804 Alrt puce oftlcer or may 21011 Violation within 5 yeara-ptRhasers who appear to be under Praventlon Program, LA County
enforce the provisions of this 30 day revocation the age or 27. Dept of Public Health:
law. The number of compliance (213) 351-7309
c:hec:b per year will be 31<1 violation within 5 years -90 Requires that cler1<9 are the minimum chrre~es@gh.lacoun!Y .gov
established by the Chief day revocation legal age to purchase tobacco
Executive Officer and could be products (CU1Tef111y 18).
liS often liS 3 Urnes per year. 4.,. vtdatlon within 5 yeans -
5 year revocation Requires that 1111 tobacco-rslllted
products and advur1Jslng must be
remaved from public view during
parlods or suspension or rsvocatlon.
Requires that no license may be
granted to any business offering food
or alcahollc beverages for aala fo r
conaumptlon an the pmn!ses.
Requires that no license may be
Issued l'or any location that Is
exclusively zoned for residential uses.
S.... Luis Obispo Co&mty $342/Annual The Shertfl'll Department wll be 1"' violation within 5 yean -30 Bam mobile sales. Amber Hendly, Health
Oc:taber 2008 I8SpOnSible for compliance. At day suspension Education SpeciaHst, County of
least fOU" compliance chacka Requires that an tobaccCH'Giatad San Lub Obispo Health
Population: 119.918 ~n per year wiD be condUcted. 21011 violation within 5 yan-produc'l3 and adve11blng must be Pqrmcy. (805) 781-1157
unincorporated areas) 90 day auapenslon mrnavad from public view during &!'te!!drvOcMio.a_w
periods of suspension or revocation. r vlolaUon within 5 Y8117S -
1 year suspension Reql.ires that no rJCenSe may be
4111 violation within 5 yqns -
granted to any business whose main
purpose is offering food or alcahoUc
5 )18111' st.mpenslon beverages ror sale for c~lon on
the pramls88.
Requrea retailers to check 1ha age of
pun:hasers who appear to be under
the age of 30.
==~res that darks are the mlnlmLm
I age to purchase tobeoco
The Center for Tobacco Polley & Organlling • American Lung Ai!lsoclatlon In Caflfomia Page-11 • of 36
communn,IDaf8 Fee EnfotaeNnt ACIIVHIM SUspension/Revocation AddltiOMI Provlalorw
~----Local Contact
PaNed I Sclfecllle
products (curranlfy 18).
City of San Femando $2501 Ani'AIIII The ldmlratratlve servlcea 1" violation within one year-Bans rnoblle aeles. Christina Reyes, MPH. Chief.
OctDber 2008 department shall be responalble 30 dlq suspension unless the Tobacco Retailer licensing
(mta: the orlgnlllloense for enton:ement. rutaller a~l'l'lib a training plan Unit. Tobacco Control11nd
with no fee waa pused In with the admlnlalnlllve Prevention Program. lA County
2002) services department ror the Dept. of Public Health:
training of all aaJea employees (213) 351-7309
Population: 25,386 In the laws pertaining to the ~;;hrre'LeS @ (lh.lacount)l,gov
sales of tobacco and shOWII
evidence ht Lha training has
been completed
2011 violation within one year -
90 day suspension
;rt violation within one year -
One year suspension
CltyofPem• $350/Annual The Rlverelde County 111 vtclallon within 5 )'981'8 -1 Bans mobile sales. Dottie EDia-Mettd, Progrqm
August2008 Department of Environmental day ntvoc:atlon. Chief, Retail Tobacco
Fee paid to the Heaflh Is responsible for the Requres retailer& to check the age of Pennftting Program, Riverside
Populdon: 66.133 County of enf~ of the oldlnance. 2"" vfclation within 6 years -piRhaaera who reasonably appear County Departmeot of
Riverside to 30-day ravoc:ation. underage. EnviromMtntal Health:
conduct the The Dupurtmant may check (951) 358-5172
admlnlatnltlon known ccmplera lass than 3od violation within 5 years -Requires lhal clarks era the mlnlmii'Tl Q!lll i!i!ll!llti!l~t!a .org
and 1tne tiroos per year In order to 90-day revocation. legal age to purchase tdlacco
enfotcementof ~nr;:raae visits to known piO(b:tB (cummtiy 18).
the ordlnllnce. offanders. 4111 violation within 5 yea~ -5
yearntvoc=atlon. Requires that all tobacco-related
procllcts and advertising must be
removed from p~lic view during
periods of suspension or revocation.
Prohlbtts tobacco Ntallera tram
engaging In nonsale distribution
(samples. coupons. gift cer1lflcatea)
on any privata property 1hat Is open to
the pubic.
I
City of WldomaT $35(11Anraal The Rlv--'de County 1• vlola1!on within 5 yeara -1 a-mobOe sales. Dottle EJII&-Mertd, Program
Julr200B Deparlmarrt at r:nvlronrnental day revocation. Chief, RetaQ Tobacco
Fee paid to the Hllllfth Is responsible for the ReqiAres ratallenl to check the 9 at Pennltllng Program, Rlvefslde
Poputrion: 311K17 County of enforcement of the ordinance. 2"" violation within 5 y1111111 -purchasers who reasonably &l)pear County Department of
Rfvetslde to 30-dayraYOC&IIon. undarage. Environmental Health:
conduct tim The Department 11111)' check (951) 358-5172
admi!Utratlon known compllenlless than 3 111 VIolation within 5 Ylllllll -Requires 1hat clerks are tha mlnlmii'Tl dell!llt:m~l!ll!~.!:llg
and three times per year In order to 90-dlly ntvoc:atlon. legal age to purchase tobacco
IW'Ifon:ement at lnctease vtsfta to known products (currently 18) .
the onflnance. offandlra. ... violation within 5 ya.s-5
The Center ror Tobacco Poficy & C>rglriiZing • American Lung Association In California Page -12-of38
communttyJDate Fee · Enforcemtnt Actlvttles SUspitrisloniRevocatlon Adclllonal Provisions Local Contact
Pelsecl Sohedde
. --·
year ntweation. R~res that ell tobaoc:CH'&Iated
pnxfueta and advertising must be
ntmoved from public view during
periods of suspension or revocalion.
Prohibita tobacco nrtll-tram
engaging In nonsale distribution
(samples . coupons, gift certificates)
on any prfVII18 property that Is open to
the public.
City of Gardena $1671nltlal The pdlce department and t• violation within 5 years-30 Bans mobile sales. Chrtsllna Reyes, MPH, Chief,
July2008 admlnlatnrtlve services day 111V0C8tlon Tobacco Relaller Licensing
$120Re~ daparlmant shaD be responsible Reqwrn that an tobaoc~ntlated Unit, Tobacco Control and
Population: 81nl for compllanc:e. Arry peace ~ violation within 5 years-products and advertising muat be Prevention Program, LA County
officer or may enfon:e thll 60 day revocation removed from public view during Dept of Public Hea"h:
prov191ons or this law. Thll periods of auapenslon or nwocatlon. (213) 351-7309
pollee department w11 condUct 3"' violation within 5 yean~ -90 ch rreyes@_ph .lacountv.gov
compliance checks on at least day revocation RequAtS ratallenl to check 1he age of
so percent of lhe maJ1enl each pun:hasar8 who appear to be undar
year. 4111 violation within 5 yearu -the age of 27.
5 year ravocation
Requires that c:lerils are the minimum
Fer the fn;t and sec:ond legal age to purchase tobacco
violation the relaller can enter products (cumllllly 18).
a settlement with the City to
pay a line and get a ntduced
ravocatlon.
City of Delano S16SIAnraal Compliance moultamt by the Vlalat01'3 are subject to license Bans mobile sales. Naele NsiBlgBill, Plllject
June2008 Delano Pollee Department. suspension, administrative DlnK:tor, Kern County
penalties, or both. Requiraa that 1111 tobacco-related Department of Public Health:
~54.447 procNc:lB and advertising must be (661) 868-0.<189,
Llc:enee SU&peoslon: removed from public vtew during nsuengao l n @ QQ,~!1!m .!<>!.!.!!i
1'1 vlc*tlon Within 5 years -up periods ot suspension « ravocatlon.
to 30-da:y suspension
Requinla nrlaller.l to check lha age c:A
~ vlobltlon wHhln 5 )'&llnl-purchasers who appear to be under
up to 3o.day suspension the age of 27.
r violation wilhln 5 y&anl -up Requires that clarks 11111 the mlnlm~.m
to 90-day suapenslon legal age to purehasetobllcco
4111 vlolallon within 5 yeats -up
produ:ta (currently 18).
to 1~day suspension or All applicants lcr aT obacco Aa1a0ar's
1'8110C11tion Perm it rntal stbmit verification ht
they have attended a 1rainirQ program
AdmlnlstraUVe Penalties: pruY!ded or approved by thll Chief of
1.a vlola11on within 1 year-Pc(fce on the laws related to the sale
penalty up to $100 c:A tobacco products In CaDiomla.
The Center for Tobacco Polley & Organizing • Arn.tcan Lung Association In California Page~ 13-c:A 36
COfNnunlt1/Datla ~ Enfoleement~ SuspensiiWRevocatlon Addhlonal PrOvisions l.ocal Contact
Paned Sdldlle
2nd Yidlltlofl within 1 year -
penalty up to $200
3ot vialldion within 1 year-
panaJty up to $500
Ctly of Oaland $5QfAnnuaJ The Oakland Poltce Department 1 .. violation within 5 years -10 No license wl1 be laauad to any .Janice Louie, Alameda County
Aptt12008 ~plication faa 19 rusponslble for compliance. day ravCICQ1Ion l'81all.r \hat sells c:lnJg per.~phemalla. Tobacco Control Program:
Any pellee omcer ean ontuce AD ratalle13 must sign a statement 1hat (510) 208-5916,
Papulation: 430,IMMI $15001Anrual the pnM9101111 at tt-e law. 2nd vldation within 5 yBIIIB -no drug paraphemalia is or wiD be ,!B•Ii!<&,l!ii!!.!fdJ!fi~g(g
lnspecUon fee 30 day revocation sold.
(businesses The City Administrator Is or
selfing aleohol ~roradoptingnAes 3m violation within 5 years -90 Requm that alltobaoe~H~~Iatad
with deemed at proeeclns and regulations dlty ravoeaflon products and advertising must be Serena Chen. Amertcan Lung
appRMI for c:anylng out tt-e provtalons removed from plbllc view during Assoelallon In CaDromla:
permits are at this chapter. 4 11 violation wllhln 5 years -pertocb of &USpenslon 01' revocation. (510) 63~5884, sch e n@a lac.org
exemptad from Ave year rwocatlal
the lnapeetlon Bans mobile sales.
fee since they Tobacco ratallln may engage
Uudypay ror In a settlement agrewnen1 w ith Reqlinul n~tallanl to cheek the age at
an Inspection the City Administrator arter a purchasers who appear to be under
fee) rnt Of second violation. the aga of 27.
The settfament agreement Requres that c1ertca ant the minimum I
after a first violation would legal age to purchase tobacco
Include a 1-day suspension of prodUcts (cunwrtly 18).
aelllng tobacco, at least a
$1,000 line, and an admission Eatabllsha violation of this permit to
lha1lha violation ooeUITed. be a public nuisance and therafOnl
subject to admlmtratlva lines of
The settlement agreement $1,000 per dlty as long as 1he probJem
after a second violation would Is not abated. I
lne/ude a 10-day suspension I
of selling tobacco, at least a I
$5,000 line, and an admission
thallha vlollltion ocx:LATad.
C~otttemet $3501Arnlal The Rlwnlde County 1"' violation within 5 years -1 Bans mobile saJas. Dottle EJlis-Metld. Program
Mlm:h2008 Department ol ErNironmental dlty niYOCBtion. Chi&f, RetaD Tobacco
Fea paid to the Health it rasponsible for the Requires nltallln to cheek the 11198 ol Permitting Prognun, Riverside
Papulation: 76,820 County of enfon;emant of the on:irance. r-vidatlon within 5 years -purdlaa«s who reasonably appear Cowrty Department of
Riverside to 30-day ravccation. Wlderage. Environmental Health:
conduct the The Depa1ment may check (951) 358-5172
adndtabilllon known oompllenllase tt.n 3"' violation within 5 yeans -Requires that derks are tha minimum de filsrne~rivocha.org
and 1hnle times per year In order to 90-day n~voeallon. legal age to purchase tobacco
811fofcemal1of Jncrease visits to known products (ciJI'nWrtly 18).
the ordinance. otrandfn. 4lh Ylola\lan within 5 years -5
yaar I'IIYDCidlon. Raqulnls that alltobaeco-ralated
products and advartlslng must be
Tha Center ror Tobacco Poley & Organizing • Amarfcan Lung Assoela11on In California Page-14-o136
CGmmunttr/Datlt Fee Eftf~mentktMtles SU.penslon/Revoc:don Additional Provisions Local Contact
PaMd Sc:tleclde
removed from plbllc view during
periocb of suspension or revocation.
Prohibita tobacco retailers rrom
engaging In nonsale dis1nbutlon
(samples, coupons, gift certilicatas)
on any privat a property that Is open to
the public.
City of Lang Beaeh $442/An!Ull 1m Long Beach PoBca 1" violation within 5 years-up Requires 1hat c1er1<a are the mlnlmLm Margaret (Peggy) Praacely,
Ftlbrullry 2001 Department Is respon:slble for to 1 0 day suspension legal age to purchase tobacco Project Director, City of Long
compliance checks for Illegal products (ctnanUy 18). Beach, Tobacco Aelall
PGpulatfon: 494,709 lllllea tD mlnonl. 2,.. violation within 5 years-Enforcement Program:
up to 30 day suspension Requires that all tobacco-rslated (562) 570..7955
1m Department at Hailfth and prodUcts and advertising must be MIIISIIIUII gm~bl;@lornrt.~al:b.
H\man Services, City AltamiiY 3fd violation within 5 Y8llr.!l -l'llmO'Ied from plbllc view during ~
and City Proeecutor are pennlt may be 111VDked parfoda of suspension or nr~ocldlon.
responsible for Inspections and Or
enforcement of aD other If permit Is revoked, may not
tobacco laws. app ly for new pem~Jt for 120 Malania Gabriel, Assistant
calendar days TAEP Coordinator.
(562) 57()..7926
Any daclslon to suspend or Melani e.gabr!e l@[ongbea ch ,gov
reiiOke may b e appellled
City of P.cllb $31XWAnrutl The pdlce dllpartment, fA vlclatlon wHhln 5 yeats -10 Ban& mobile sales. Derek Smith. Program Drector.
February 20011 buslnas8 Jcense department. day revocation Tobacco PreYentlan Program,
and code et'lf1Rement offtclala Requires that Bll tobacco-ndated San Mateo County Haallh
~:40,431 11n1 n.sponalbla for monitoring ~ violation within 5 years-producls and advertblng must be Department:
compllanee. Any peace Clfficef 30 day 1"8Yocation removed from public view during (650) 573-2012
or cod& enfon:ernant olflclal pertods of suspansfon or rwocatlon. Qllml!bl§s<g .:~llnmalg2&A,!a
may enforce the provialons. 3"' violation within 5 years-90
day revocation Requil99 that no license may be Or
At laalt two c ompliance ehecka
wll be conducted for each 4 111 violation within 5 years-5
granted to any buslnne o ffer1 ng food
or alcoholic beverage~ for sale for Amanda Cua , Senior Director of
tobaeco retailer annually. year tevoeatlon consumption on the pmnbas. PI1Mintlon, Youth Leaderahlp
Institute: (650) 347·<1983
Tobacco raiders may engage ReqUres tatalllwa to check the a ge of acue@yli.org
In a settfarnent agraement with ptiChasers who appear to be under
the city attorney after a finlt or the aga at27.
88COI1d viollltlon.
Requitas that elarka are tha m lnlmtn
The settlement agreeme nt legal a ge to p~.~ehase tobacco
attar a lint v iolati on would products (ctJm!ntly 18).
lndude a 1 ~y s uspen sion at
eelllng tabacco, at least a Smoking Is prohibited Inside the
$1,000 tine, and an admbslon ()nlfrlisa3 of al tobacco l"lltaller.l and
that the violation occl.lftd. wfthln 20 feet of any entrance, exit or
window to the store.
1m sattlament agreement
The CenterforTobaceo Policy &Organizing • American l.ung.Aasoclatlon In CaBtomia Page-15 -of 38
Cornmunftr/Data -:Fee , ~ment.At:tiVIUes SU.peMion/RtWocatiOn Adcltlonill Provisions Locat Contact
I hssed I ' Schecl.ll•
'
after a second violation would
indude a 1 G-day suapenslon
of se16ng tobacco, at least a
$5,000 fine, and an admission
that the violation occln8d.
lol Angeles County $2351Anrull Complance checks 1ft clvlded 1• vida lion within 5 years-up Bans mobile aaJas. Christina Reyes, MPH, Chler,
o.cember 2l1CTT up~ the County Sharfff's to 30 day suspension Tc:bacco Retailer Licensing
Depar1ment and the County Unlt, Tobacco Control and
pgputatlon: 1,085,27'8 (In Department ot P.mllc Heanh'a r' violation within 5 y881"8 -Prevention Program. LA County
unlncorparateclareu) Environmental Health Prog!'am. up to 90 rJa.y suspension Dept, of PubDc Health:
(213) 351·7309
The Sheriff's Department Is r violation within 5 years-up chrre)I~~@J;lt:l,lacoun!Y-9oV
responsible ror cornpllanc& to 120 day atmpenS!on
checks that Jnc:lude youth
decoy opendlons. The Health 4111 violation within 5 Y81113 -
DepaM1ent wll perform license revoked
compliance checks rar al olhar
violations af the ordinance
(such as proper p011tmg of the
license} and wll perform at least I
one compliance check per
re1BIIer each year.
ctty of lngllnwaod $335/Mrull Enforcement wm be conduc1ad 111 vtatatlon within 5 yean;-Bans mabilll sales. Chistina Reya, MPH. Chief,
Octaber 2007 by the Inglewood Pollee $1,000flne Tobacco Retallat Ucenslng
Department, 1he Business Requna retailers to check the age of Unit, Tobacco Control and
POfiUiatlan: 110,053 Ucense OMslon. 01 the Coda 2"' violation wlttin 5 ~ -pm:hasen~ who appear to be under PI"'IY11nllon Program, LA C~ly I
Enfareement OMslon. up lo 90 day au.penslon the age of 27. DBpt. ot PubDc Health:
(213) 351-7309
I 3~'~ violation within 5 years -Requires that clerkll are the minimum chrm~dgb lllll12!.1DI~ gg)!
llc:anse may be nwokad legal age to purchase tobacco
prodUct&.
Requires that aD tobacco-ralatad
products and aclvertlalfll must be
remavad 1rom public view dultfll
pertods af auapens1on or revocation.
Cfty of Glendlllw $2251Annual Enfan:emerrt will be conducted 111 vtalalton within 5 Yeah-up Bans mobile sales. Christina Reyes, MPH. Chief.
s.ptember 20111 by the W.ndate Pcllce to 30 day auspanslon Tobacco Retaller Ucanslng
~neighborhood ReqiJI"'IS l'lltallera to check the age of Unit, Tobacco Control and
PoputaHon: Z¥IJ1!02 services inspectOfS and code 2 ... YialaUon wltNn 5 yeans-purchasers who appear to be under Prevention Program. LA County
enforcement, and permit up lo 90 dlry suspension the age of 27. Depl of Public Health:
lnvestlgatora. (213) 351·7309
3111 violation within 5 year.~ -!;h!Dil!!lli!IWJJal:~J.Ctx,gOII
pennlt may be nwoked
ctty of"-Valley $35C/Amull Tlle RIYenllde County fi' vtalatlon wlltin 5 years-1 Bans mobla sales. Dottle Ells-Meltcl, Program
2111:11 af Environmental day nwocatlon. Chief, Retail Tobacco
The Center for Tobacco Polley & Organizing • American l1mg AsaoclatJon In Ca6fomia Page -16 • of36
~IDa& :f .. "l;nforce"*lt~ S.pensloniRaYocatlon Addltlonai .PnMalons Local Contact
Paaed SchiHillt
Fee paid to ttw Hlllllth is rasponslble for the Reqlhas l1l1aikn to check the age ol Pennittlng Program, Rlver91de
Population: 188,537 County of enfoR:emel1t or the ordlnanc:e. r violation within 5 yean -p\I'Chasers who reasonably appear County Department of
Riverside to 30-day 111vocatlon. underage. Environmental Hes.fth:
conduct the The Department may check (951) 358-5172
adntistratlon known compller.lless than :r vlolatlor'l within 5 yeanJ-Requires 1hat clel1ls 11n1 the minimiD'n dell i:>m!l~r:ivQcbll,Qrg
and 1tne times per year In order to 90-day 111VOCiltion. legal age to purchase tobacco
enforcarnent or lncnJaae visits to known produc13 (cunanlly 18).
thB ordinance. offandln. 4111 violation within 5 yeara -5
year revocation. Requires that aD tobacco-1111ated
products and adVertising must be
remOIIed ftom public VIeW during
periods of suspension or 111Vocatlon.
Prohibits tobacco ratallenl from
~In nonsele distribution
(aamples. coupon8, gift certlfiCiltes)
on arry private property that Is open to
the pub lic .
Cft1 of o.vts $344/Annual The Yolo County Department ol 1"' vkUtlon witt1JTI5 Year8 Bans mobile saJas. steven Jensen
August 1JJ01 EIMronrnental Health Ill -10 day nsvocatlon Yolo County Health
responsible for adminl&tniUon Requires 1hat clarl<a are tha minim...-n Department.
Population: 88.670 of the ordinance. ~violation within 5 year& l egal age to purchase tobacco Tobacco Education Program:
-90 day nwocatlon p roducts. (530) 666-8818,
The Yolo County OGtrict ::.1\!!!J!I!!:!,ionsenOvnlgr;;gl&JlJl,mg
Attorney's office hsndlaa 31d violation within 5 years -1 Aequi111s that ell tobacco-1111ated
I enfon:ement end thn!le sting year ravocat1on ptOducts and adVef11slng must be
optntlons per year. tamOIIed from public viBw lbfng I
4111 violation within 5 years - 5 periods or suspension or nsvocatlon.
year revocation
Bans tobacco sa1as « gtveawllya at
bars «any location licensed to serve
alcohol for on-site consumption.
City of DeMit Hot $360/ArnBI The Rlwrslde Co.~nty 1"' violation within 5 years -1 Bans mobile seles. Datil• 8118-Mertd. Program
Springs Departmllnt of Envfi'UIIIIiWitlll day 111Vocatlon. Chief, Relal Tobacco
Augult 1JJ01 Fee paid to tha HeaJth b re sponsible fortha Raquiras nrlllllers to check 1he age of Perm itting Program. R1vendde
County or enforcement or u. ordinance. ~ vlalaUon within 5 years-pUI'Chasenl who rauonably appear Cowrty Department af
Paputdon: 26,811 Rivers ide to 30-day revocation. lllderage. Envtrcnmental Health:
conduct the The Department may ct.:k (951) 358-5172
lldmlnlstJatlon known compllent less than 31'1 llfolatlon Within !5 yaara - Requires that clal1cB are the mlnimiD'n dldl§!!ltlcrt.xibi.~ISI
lind lhnle times per year In order to !10-day I"8VVC8tlon. legal 1tg9 to pun:hase tobacco
•• ru.cement or lna9ase visits to knCJWn products (curnm~ 18).
1he ordlnance. otrendent . -4111 violation within 5 years - 5
year ravocatlon. Requires thai all tobacco-n~lated
productll and adver1lalng mu:rt be
removed from public view during
pertoda of suspension « n~vocatlon.
Prahblts tobacco ratailars from
The Center for Tobacco Policy & Organizing • Aneic:an lung Association In CaUfomia Page -17 -of 38
cornrnunltYJDMa Fee Enfoft:ei'nent ~ SUspension/Revocation Additional Provtatons Local Contact
Panec:l Sc:hecl.lle
-
engaging In nonsale dlslrilutlon
(samples, coupons, gift certiflcatas)
on any private property that Is open to
the pub lic.
City ol Lake Ehlnont $3SQ/Anntal The Rlverelda County 1" violation within 5 )'l18111-1 Bans mobile aaJes. Dot1le 8119-Meltd, Program
AugustmTT Department of Envtronmen1111 day revocation. Chief, RetaD Tobacco
Fee paid to the HeaJih Ia reaponslble for the ReqW'es retaltera to check the age of Permitting Program, Rivereide
~:60,988 County of enforcement of the o~. 2"" Violation Within 5 years -ptRhaatlnl who reasonably appear County Department of
Riverside to 3o-day n~vocatlon. underage. Environmental Health:
conduct the Tha Department may check (951) 35EJ.-5172
administration known campllerll lea than 3111 violation wllhln 5 years -Requlnls that clerks are the minimum dell i sme~riVQ£hi!, Qrg
ard three tlms per year In order to 90-day ravocatlon. legal age lo purchase tobacco
enfon:amel tt of Increase v1s1ta to known product s (cUIT8nlly 18).
the ordinance. offenders. 4"' violation within 5 years -5
year revocation. RequlntS 1hat aD tobacco-related
products and advertising must be
remOYad from public view during
period& of suspension or revocation.
Prohibita t obacco nrtallenllrom
angasJng In nonaale distribution
(samples, coupons, gift certlllcat8s)
on any private property that Is open lo
the public.
Cfty of Compton $5001Ani'Qal Mwdc_. Law Enf01'C81'11ent 101 vtollllion within 3 years-Bans mobile aalas. Christina Reyes, MPH, Chief,
Jufy2007 Servlcas shell be responsible (1) written warning; (2) advised Tobacco Retailer U cen sing
for compliance. Arry peace of penalties fo r adartional Requires that aD tDbacco-relatad Unit, Tobacco Control a nd
Poput.Uon: n;ltl9 officer or law er 1fol cement Violations; (3) required to products and advlll1lslng must be Prevention Program. LA County
officer may enforce 1he provide documentation that an removed from public view durlng Dept. of PubUc Heal1h:
provisions of this law. employees have engaged In pertods of suspension or revocation. (213) 351-7309
Compliance check& WII be the retaD aaJea of tobacco s;:;hrTm!!!!l~D.h-ls!!::2!.!"!.Y·9Qll
conducted for each retdar al have racelvecl training ln a Requires that no license may be
least once per year. city-approved program within granted to any buslness offering food
60 claya after the warning; end or ak:ohollc beverages for sale for
(4) oceose suspendBd for 30 to consumption an lhe pramlses.
90days
2,. vlaldon within 3 YIIMI-
up to one year .u!!penslon
3111 Viollltion within 3 years -
Jlc:ense may be revoked
For • first or second violation.
lhe rwtaller may enter a
settlement with the city to pay
a fine and get a tllducad
ravocatl9n.
The CenterforTobaeco Po&cy ll OrganiZing • American Lung Association in California Page -18-at 3!1
Coinni\rit,yiDala ; Fee
1
'Enfolcement~ SUSpensloniRevocatlon Additional Provisions Local Contact
PasMd Sche411e
-
C1ty of Coadtela $35QIAnnuaJ The Riverside County 1'' viclatlon within 5 years-1 Bans mobile sales. DotUe Ellis·Merid, Program
.Juty2007 Department or Environmental day 18VOCilHon, Chief. Retzlll T~ceo
Fee paid to the Health Ia responsible for the Reqlkes retailer.! to check the age of Permitting Program. Riverside
Papuldan: 42,581 County of enfon:ement of 1tla OTdlnance. 2"" violation within 5 yeare -p~Rhasers who rvasonably appellr County Department of
Rlverside to 30-day ravocallon. underage. Envlro!m8nlal Health:
conduct the The Oapartmant may check (951) 358-5172
administration known cam plena less than 3"' violation within 5 v--s -Raquinls that clef1(& 11111 the minimum deftlsme@rivocha.org
lll1d thlva times per year In order to 90-day n1vocaUon. legal aga to purchase tobacco
enforcement of lncr9llse visits to known produc13 (CUIT9n11y 18).
the ordinance. afruncfenl. 4111 violation within 5 years - 5
year ravocaflon. Requires thai all tobacco-related
products and advlll'tlslng must be
ramoved from public view during
periods of suspension or niVocatlon.
Prohibits tobacco re1allers from
engaging In nonaala dlstrlbutlon
(e.amples, coupons, gift cer1111cataa)
on eny prlvahl property that Is opel\ to
the public.
Cttr of Calimesa $350/Anrull The Riverside County 1" vlalaUon wKhln 5 years -1 Bans mobile sales. Dottle EDls·Martd. Program
June2007 Department of Envlronmenfl!ll day nwocatlon. Chief, Retail Tobacco
Fee psld to the Heallh Ia responsible for lhe Req!Jres retailers to check lha age at Permitting Program, Riverside
Popalatian: 7,555 County of enforcement of the ordinance, 2"" vlatallon within 5 years -purchasers who ni830IVIbly appear County Department of
Riverside to 30-day revocation. unden!Qe. &wlronmental Health:
corductthe The Department may check (951) 358-5172
admit llalratlon known campllln less U.. 3n1 violation within 5 years -Reqttres that cfer1<s 11111 the mlnbnum deil!sme@rivocha,oro
and ttne limes per year in order to 9IHIIIy I'I!IVOOilllon. legal age to purchase tobacco
&lfon)emelot af 1ncraase visits to known products (currently 18).
1he anftnance. otfendenl, 411> vlolatton within 5 ye&ni-5
year revocallon. ReqUI'IIs !hat ell tobacco-related
products lll1d adVertising must be
removed from public view during
periods of suspension or revocation.
Prohibits tobacco retallenl frcm
engaging 111 nonsale dlstnbutiDtl
(samples, coupons, gift certificates)
on arFf private property thalls open to
thepubBc.
Cttr of L.amlbl S1501Anrutl The administrative services 1" violation within 3 years -Bans mobDe sales. Christina Reyes , MPH, Chfe1',
May2007 department, blalness license (1) WJfttl!ln wamlng; (2) advised Tobacco Ratallar Ucenslng
division and the community of penaKies for additional Raqt.ires that all tobacco-ralated Unit, Tobacco Control and
Poputatlan: 21.016 daYelopmlont dapar1ment, viol ations; (3) required to producta must be n1mowd from Prevention Program. LA County
ne~hbomoodprase~on pi'OYida documentation that all public VIew dUI'fng periods af Dept. of PubOc Hea lth :
division, lhd be resporslble tor employees have engaged In auapenslon or niVocation. (213) 351·7309
campllance. Ani p..:e dftcer the relaH 88les of tobacco s:l!!!ll~sC'otY.Iacourctv.Q!r!
~enforce the of lave nlealvad training In a
The Center for Tobacco Polley • OrganizinG • ~ Lung Anocidion In california Page-19· of38
,c~~ ~ Enforcement~• SuspeNioniRe¥acallon Adcltlonlll Provbllons Loeal Contact
i Paied 'ScMdulo
lttis law. Ccmpfiance dledts clly·apprO'i'l!d program Wll.h rn
wil be ccmd'Ucted for each 60 days .aftar the warning
111fallerat least once per year.
2'"' violation within 3 year.~ -
up to 30 day suspension
r vlolallon within 3 Y81118 -
up to 90 day suspension
41h violation within 3 years -
up to one year suspension
5 111 violation wlttdn 3 years -
lk:ense may be revoked
~of McFIIIIand S165/Anlull Compliance morltonld by the Violators are subject to llc11n141 Bans moble aalea. Nsete Nsuangani. Project
May20a7 Kem County Enwoumentat auspenslon. admlnlstnltlve Dlnlct«, Kern ecx.rty
Health Services Department. penaflias, or both. Requires that aD tobacco-related Department of Pl.tlllc Health:
Population: 13.942 product& and advertf&lng must be (661) 86fH)489,
Uc:ensa Suspension: removed from pl.dlllc view dultng n§uatJg!!nln~cQ,k!i!m&a,u s
1" violation within 5 years -periods of suspension or revocation.
letter at reprimand
AD applicants for aT obacco Retailer's
2'"' violation wlllin 5 years -Permi t must aubmlt verification lhat
up to 3Q.day suspension they have attend&d a training program
provided or approved by the County'&
r violation within 5 years -up Public HeaHh Setvlces Department on
lo 9(Hfay auspenslon 1tllllllws related to lha sale at ttlbaceo
products In California.
4u. violation within 5 yeats -up
to 18Q.day suspension «
revocation
Admlris1natlve Penalties:
111 vldallon within 1 yaer -
penalty up to S250
2,.. violation within 1 year-
penalty up to $500
3"' violation wllhln 1 year -
penalty up to $1,000
cnyorw-$165/Annual Compllarce morltcnc:l by the Vlolatora are aubfect to license Bans mobile sales. Nsela N!IUIIIlgMI, ProJect
Marcfl2001 Kern County Envirarwnental auspenalon, admlnlatniUve Direct«, Kam ecx.rty
Health Satvlces Department. penallles, or both. Requlras that aD tobacco-~elated Department of Public Health:
Papulatlan: 25,641 products and advertising must be (661) 866-0489,
Ucenea SUspension: removed from pl.dlllc Ylaw during nsuanganl n@co,kem,ca,us
111 vlclallon within 5 years-p811oda of auapenslon or revocation.
---~of l'ePflmand
The Center for Tobltceo Polley & Organldng • AIMrlcan LJmg Association In Calfornla Page -20 • of 36
" C o m n U m l t J ~ . . . . � � � E f t f O r o e m e n t . A c t i V H i e s S U 8 P f 1 1 1 1 o n / R e v o c a t l o n A d d l t t o n a l P r o v i s i o n s L o c a l C o n t a c t
f ' a l s e d S c h e c l l l e
- -
A l l a p p l l c : a n t s l o r a T o b a c c o R e l a H e r ' s
~ v l o l l l t i O f l w i t h i n 5 y e a r s - P e n n i \ m u s t s u b m i t v e r i f i c a t i o n t h l r t
' - " l o 3 < k S a y s u s p e n s i o n l h a y h a v e a t t e n d e d a t r a i n i n g p r o g m m
p n : M d e d o r a p p r o v e d b y t h e C o u n t y ' s r v i o l a t i o n w i t h i n 5 Y 8 l l r . l - u p P u b l i c H e a l t h S e r v i c e s D e p a r t m e n t o n
t o 9 1 ) - d a y s u s p e n s i o n t h e l a w s r u l a t e d t o t h e s a l e o f t o b a c c o
4 1 1 1 v i o l a t i o n w i t h i n 5 Y B B I B - u p
p r o d u c t s I n C a l i f o r n i a .
t o 1 8 0 - d a y s u s p e n s i o n o r
r e v o c a t i o n
A d m i n i s t r a t i v e P 9 n a l t l a s :
1 1 1 v i o l a t i o n w i t h i n 1 y e a r -
p e n a l t y u p t o $ 2 5 0
r v i o l a t t o n w i t h i n 1 y e a r -
p e n a l t y u p t o $ 5 0 0
r v i o l a t i o n w i t h i n 1 y e a r -
p e n a l t y u p t o $ 1 , 0 0 0
Q t y f J / 1 C a t l f a n a C f t y S 1 8 5 1 A n n u a l C o m p l i a n c e m o n i t o r e d b y t h e V I o l a t o r s B f t l & u b J e c t t o l l c e r M B a n s m o b i l e s a l e s . N s e l e N s u a n g a n l , P n l j e c l
f * ' - Y 2 0 0 7 K e r n C o u n t y E 1 1 1 1 & 0 1 a n e n l a l r ; u s p e n s l o n , a d m i n i s t r a t i v e O i n l c l o r , K e r n C o u n t y
H a a l t h S e r v i c e s D e p a r t m e n t . p e n a l t i e s . o r b o t h . R a q u f n l s t h a t a n t o b a c c o - n t l a t e d D e p a t t m e n \ a t P u b 6 c H e a l t h :
P a p u l a t i o n : 1 6 . 0 1 4 p r o d u c t s a n d a d v e r t i s i n g m u s t b e ( 6 6 1 ) 8 8 8 - 0 4 8 9 ,
W h e n a a c e n . e s u s p e n s i o n I s r e m o v e d f r c m p u b l i c v i e w d u r i n g l l l ' ! I ! " Q I I " I r . O c o , g m , l < l ! , ! . ! l i
w a m l l ' l l l ! d . t h e l i c e n s e m a y b e p e r i o d s o f s u s p e n s i o n o r r a v o c a t l o n . I
s u s p e n d e d u p t o 1 8 0 d a y s o r I
n t v o k e d . A D a p p l i c a n t s f o r a T o b a c c o R e t a i l e r ' s
P e r m i t m u s t a u b m l t v e r 1 f i c a t l o n t h a t
W h e n a n a d m i n i s t r a t i v e t h e y h a v e a t t e n d e d a t r a i n i n g p r o g r a m
p e n a l t y I s W B m ! . n \ e d , a p e n a l t y p r o v i d e d o r a p p r o v e d b y t h e C o u n t y ' s
o t u p t o $ 5 0 0 m a y b e P u b l i c H e a l l h S e r v i c e s D e p a r t m e n t o n
i m p o s e d . t h e l a w s r e l a t a d t o t h e s a l e o f t o b a c c o
p r o d u c t s I n C a l i f o r n i a .
I f a v a l i d l i c e n s e I s n o t
~ v i o l a t o r s w i l l b e
r e q u l n l d t o p a y a f t n u o f $ 1 0
t o r f m o f f e n s e , $ 1 0 0 r o r
s e c o n d o f f e n s e , $ 2 5 0 f o r t h i r d
o t f e n a e , a n d $ 5 0 0 f o r l o u r t h
a n d e a c h s u c c e e d i n g o f f & n s e .
C f t y o f T e h e c h a p l $ 1 8 5 1 A n n u a l C o m p l i a n c e m o n i t o r e d b y t h e V I o l a t o r & a r e s u b j e c t t o l i c e n s e B a n s m o b i l e s a l e & . N 1 1 e l a N s u a n g a n ~ P r u j e c t
F . t H u a r y 2 0 0 7 K e m C o u n t y E n v i r o n m e n t a l a u s p e n a l o n , a d m i n i s t r a t i v e D I 1 1 1 C l o r , K e r n C o u n t y
H e a l t h S e r v i c e s D e p a r t m e n t . p e n a h t e a , o r b o t h . R e q u l n t s l h l l t a l l l o b a c c o - m l a t e d D e p a r t m e n t o f P u b l i c H e a l t h :
P a p u l l l t l o n : 1 3 , 8 8 8 p r o d u c t s a n d E l c l v e r t i s i n g m u s t b e ( 5 6 1 ) 8 6 8 - 0 4 8 9 ,
U c e n a e & a p e n s f o n : r e m o v e d f r o m p u b l i c v i e w d l l ' l n g n s u a n 9 i l : n i ! ] @ C o . k e m . c a . u s
1 " Y l o l a l l o n w i t h i n 5 y e a r s - p e r i o d s o t s u s p e n s i o n o r r e v o c a t i o n .
l e t t e r o f n i D i t m a n d -
T h e C e n t e r l o r T o b a c c o P o B c y & O r g a n i z i n g " A m e r i c a n L u n g A a s o c l a t l o n I n C a l i f o r n i a P a g e - 2 1 - o t 3 6
Cornmunltr/Did* FM Enfal'ce.-nt~ SUBpenalon/ReYocatlon Additional Pro'illalone Local Contact
PM-.d I Schecllle
--·-·--·
AR appllcanta lor a Tobacco Retallar's
~violation within 5 yean~ -Permit must submit veriflcallon that
'-" to 31)-day suspension 1hey have attand8d a training program
provided or approved b y tha County's
3"' violation within 5 years -up P\JIIic Health S ervices Department on
to 90-day suspension the Jaws ralated to the sale of tobacco
products in California.
4"' violation within 5 years -up
to 180.day suspensi on or
tt~vocatlon
Adrntniatra11va Penalties :
1"1 violation wtthfn 1 year-
penalty up to $250
~ vtclation within 1 yaar-
penalty u;t to $500
3"' vlolallon within 1 year -
penalty u;t to $1 ,000
City of Burb8nlc S335 lnlllal Complblncil monitored by the 1111 vlalallon -up to 3o-day Bans mobile sales. Christina Reyes, MPH, Chlel,
Febnlaly 2007 B~Pd~e~L suspension Tobacco Retailer Ucanslng
S300ReMWBI Requlras rawlenl to check the age at Unit, Tobacco Control a nd
PotJuldon: 108,488 2 ... violation within 5 years -purchasers who appear to be under Prevention Program, LA County
up to 90-dlly suspension the age at 27. Dept . of Public Health:
(213) 351-7309
3"' violation within 5 y ears -Requires that clerits 8111 the mlnlmLITl c hrr~)!e§~gb,l i!CQUnj)!,g~
8cense may be rev o ked legal a ge to purchase tobacco
produc ts (CI.In'erltly 18).
CHy of Bnumont S35<VAnnual The Riverside County 1" violation within 5 ya.a -1 Bans mobBe sales. Dottle EIII8-Merld, Pragnlm
Deoemw 20011 OepaJ1ment ol E'nvtronmental day revocation. Chiel, Relall Tobacco
Fee paid to the Health Ill responsible lor the Requres retailers to check tl1e age of Permitting Program, Riverside
Population: 34,217 County of enforcement ol the ardlrlllnce. ~violation within 5 years-JKRhasens Who IWliORI!bly appear County Department at
Riverside to 30-day nwocallon. tl1daraga. Environmental Health:
c:ondu::t the Tha Dapartment ITIIlY chack (951) 358-5172
adrnlriatrallon known c:cmpllent leu than 3"' violation within 5 y1111"' -Requires that c:lartcs are the mlnlmtm delllsme~riv ocha .org
and lhnle times per year In order to 90-day r&voc:atlon. legal age to purchase tobacco
don:emant of increase v isits to known pnMfucts (clll'1"ef11!y 18) •
the ordlnlnca. olfend&rs. .,.., violation wlt~n 5 years - 5
year ttlvocation. Requlrn that aD tobaceo-relat8d
products and adver11slng must be
removed from pl.bl ~ view durtng
periods olauspenslon or ntvocatlon.
Prohibits lobaceo retailara Iron!
engeglng In nonsale distribution
(samples, coupons, gift cer1111calea)
on flll'ti PIMrta propelty that 1a ooen to
The center lor Tobacco Policy & Organizing • American Lung Auocla11on In Cdtomia Page-22-at 36
CotnmunltJ/DMa Fee ~tAcNtiM Suapenslbh/Riwocatlon Addltlonlll PrcMelon8 Local Contact
Paeed Sc:he~
--.
the public.
City ol ...... City $1001amuaf Compllancelllmonllonld by the l...lcense wll be revoked after a Bans mobile sales. Felcla Sobonya. Nevada
November 2008 NtMida City Pollee Department. violation of the ordinance. County Tcbacco Use
The Department wll chectt Requires retall81"9 to check the age of Prevention Coonfnatcr.
Population: 3,o40 compllence with youth accesa 1 11 violation within 5 yea111 -no purchasers who appear to be under (530) 265-7018,
lllwa at least one time per year. new license may be Issued theageaf27. [S~fii&II!Zb~d~~D!!:l~IL!i!,
until 1 o day& after revocallon 1.18
Requlrea that clerks are the minimum
2'"' violation within 5 years-legal age to purchase tobacco
no new license may be Issued products (cunwntly 18).
unlit 30 days after revocation
3"' violation within 5 years -no
new llceNe may be lssUIId
WltiJ 90 day8 after revocation
4111 violation within 5 yeara -no
new license may be Issued
until 5 years after revocation
City elf-. Mach $30/IUli"'UUII ~elnOI!Itcnd by the 111 violation wltHn 1 year-30-Bans mobile sales, Chtstlna Reyes, MPH, CHel,
NonrntMir 2D08 Sierra Mach P~e day suspension or retder Tobacco Retaier Ucenslng
Departmenl must submit a training pllln on contains a Mahame clausaM which Unit, T~co Contrd and
Papalatfon: 11 ,G89 tobacco lllW8 for aD employees reqWtl8 n~tallenl who commit a third Prevention Program, LA County
.nd provide IIYidence that violation In on. year to display a Dept. of Publlc Health:
training has been cornpletad readily visible sign for the dtntlon of (213) 351·7309
the ~year suspension that states, !;h!II!lfll:ll a!l,!i!:<!ll'"ll!-Sl.!l!
~ viola1lon within 1 year-9~ "This retB/Ier has violated impoltllflt
day SUI!Ipenalon public health Jaws regutaling tobaeco.
3 111 violation wiltlln 1 year-1·
Tobacco Sll/es 1118 currently bllr!ned at
this location .•
year suspension and retaDer
must display a sign 1hat It has
violated public heahh laws
regarding tobacco and \hat
sates are currently banned
Clly crt c.nan $500fannual CompBance monltorwd by the 1" vlclatlon within 3 years -Bans mobla sales. Christina Reyas, MPH, Chief,
NvwemtM!r 2D08 LA County Sherfft'e Department wrftten warning, advised d Tobacco Retailer Ucenslng
-Car8on Station. City puce penaltiea for fUrther vlollltlona, Requ~raa that an tcbecca.relatad Unit, Tabacoo Control and
PopuSdon: 97,047 offlcera and code enforcement or raqull8d to have ell producta must be remoYed trorn Prevention Program, LA County
offlcera ant authorized to ~-engaged In plblc view during perfodl of Depl of Public Health:
enforce the ordlfWIC8. tobacco sates to undergo ausptnSion or nwocatlon. (213) 351·7309
training by the Cfty. chCJriesOpl\.!acou.W,aov
E:nforcement orflcela shall
check compliance a! least one 2"" vldaUon within 3 years -
ttma per year at aach licensed up to 3~ auapenalon
retailer.
-3111 violation wllhln 3 Y881S-UD
The Center for Tobacco Polley & OrganizD'tg • American Lung Association In california Page • 23 -ot 36
COihmUnlty/DMt ·fee -· Ettfcirceme.W Acllvltlea SUspenefoftiRevocatlon AdcltloNII PriMIIIona Local Contact
. P8ued ScMGde
to 90-day suspension
41111 violation within 3 years-up
to 1-years auspenslon
51-violation within 3 yean~ -
permit may be ravoklld
KemCounty $16S/Annual Compliance monitored by the Vlolatora lll'lliiUb,lectto l icense Bans mobile sales. Naele Nauangani, ProJect
November 2006 Kem County Envlronmentsl &UBpenSi on, admlniatmtlva Dlntctor, Kem County
Health Services Department penalties, or both. ReqLires that all tobacco-related Department ot Public Health:
Population: 306,638 (In products and advllftislng must be (661) 888-0489,
unincorporated arus) Uoense Suspension: removed from pl.tlllc view during l1!>!.!ii!l19S!l1 1n~s;Q kem,ca,u~
1ot violation wtlhln 5 years -periods of suspension or revocation.
letter of ntprfmand
All applicants for a Tobllt:Co Retailer's
~violation within 5 years -Permit must s!Cnlt verification that
l4J to 3(ktay suspension they have attended a balnlng program
provided or approved b y !he County's r violation Within 5 yeare-up Public Health Servi c e s Department on
to 90-day suspension the laws nllated to the sale of tobacco
products In California.
4 11 vlotatlon within 5 yeats -up
to 180-day suspensi o n or
revocation
Admlnlstratille Penalties:
1•t vlalatlon within 1 Yllllf-
penalty up to $250
~violation within 1 year -
penalty up to SSOO
3"' violation within 1 ye ar -
penalty up to $1 ,0 00
City of Santa Ana $6S5Iamual Compaance moclltcnd by the 1" violation-up to 80-day Bans mobile sales. Andr9a Portenler, Health
Octaber 2008 Santa Ana Pclce Department auspeMfon Educator, Tobacco Use
and the City wll contract with
Populdon: 357,784 thB California Department of ~ violation wltNn 5 years -
Prevention Progra m:
(714) 834-7408 , I
Heafth Services, Food & DnJg up to 12o-day suspen9lon agorten!e~ochca .com
Branch to do r.gular
compliance chadcs. 3o1 violation wflhln 5 years-up
to 1 80-day suspensi on
4" violation-llcensa may be
n~val<ed
City of Conc:anJ $16G'Annual Cornplillnce montcnd by tha 101 violation within 2 yem11 ReqUre8 ratallenl to check the aga of Denice Dennis, Projact Director,
2006 Concord Polce I'll -UDI03~day purchasers Who~ to be under Contra Costa Health SeMces:
Tll8 Center ror Tobacco Poliey & Organizing • American Lung Association In CaiHomia Page -2-4 -of 36
Cornmu""-'/Dalll .,.. l EnforoemlhtAciMtlis on Additional Provl~ona Local Contact
Pes .. d Sc:hecllle
and any olher City deslgNe. the age of 27. {925) 313-8825,
Populetton: 125,884 2'"' violation within 2 years dder'lllilf::id&s&IOQiiiJb:,IQ
-up to 9o-day suspension. ReqUires that cterka are the minimum
legal age to purchase tobacco
Subsaqwnt vlollltlons within producta (c:urrently 18).
2ylllllll
- 1 Year suspension. ReqlAnrs 1hat aJI tobaccCH91ated
products and advel'tialng miSt be
1'81'110Yed from publle view during
periods of auapenslon or revocallon.
city or a.v.~ng $350fAniU!II The Rlveralde County 1"' vlollltfon within 5 years -1 Bans mcbDesales. Dottle 811s-Merkl, Program
August 2008 Department d Environmental day revocation. Chief, Ralall Tobacco
Fee paid to the Heallh Is l1lllpOnllble for the Raqulrea retailers lo check thll age of Permitting Program, Riverside
Population: 28,751 County of enfotcewant of the Ol'dlnance . 2n11 vlalatlon within 5 yean; -p~ who reasonably appear County Oepaltment of
Riverside to 30-day 19Vocation. underage. Environmental Heafth:
corducttha The Department may check (951) 358-5172
admlrUtraUon knoWn c;ompllenllesa than 3111 violation within 5 years -Raqlires that clarks are the mnlmum dellism e@rivoch a,o rg
and lt1ree tlrMs per year In otder to 90-day re'tOC&tlon. legal age to pun::haaa tobacco
enf~lcl lncnlasa visits to known products (c:IJT8I'Itly 18).
the ordinance. otfandana. 4"' violation within 5 years - 5
year revocdon. Requires that aft tobacco-related
products and lldvertislng ITIIJ91 be
removed rrorn plbllc: view duing
periods of suspension Of revocalion.
Prohibita tobacco retailers from
engaging In nonaaJe dlslribution
(samples, coupons, gift clll'tificqtes)
on any private property !halls open lo
the public.
Cfty of s.n JacfntiD $350/Annual The Rivensfda County 1"' vldatlon within 5 yeara -1 Bans mobile sales. Dot1la 811s-Mettd, F'rognlm
June2008 Department of Envlrmmental dayrevocaUon. Chief, Retail Tobacco
Fee paid to tha Haafth Is responsible for the RequiAI!I retailers to check the age of Permitting Program. Riverside
Populatlan: 38,833 County of enforcement of 1he o~nca. 2"" violation within 5 years -purchasers who reuonably appear County Department of
Riverside to 30-day revocation. mdarage. Environmental Health:
conduct the 1lE Department may check (951) 358-5172
adn dnisbalion .known compllara less than ~violation within 5 years -Requires that clarks ana the minimum d9111AttM~8rivoeha,QI!X
wd ttne lfmas p e r year In order to 90-day revocation. legal age to pun:haae tobacco
enton:ement or Increase visits to known producl8 (currarrtly 18).
1he ordinance. offendars. 411 violation within 5 years-5
Y&lll' revocation. Requlras thai all tobacc~related
proctucta end advertising must be
removed from public view during
periods af suspension or revocation.
Prohibita tobacco rwtallenl from
engaging ln nonsale distribution
(sam plea, coupons, gift certlfieales)
The Cent9r forTobalcco Po&cy & Organizing • American Lung Association In CeDfomia Page -25 -of 36
eotnrmmltiJDetlt :Fee . Enforcement Aclvltl .. ~on · AdditiOnal ProviSions LocatContact
IPaJeecl ,Sc$c~M
on any privale property that Is open to
lhapubllc.
City of RMnlde $350/Anrud The Rlvenllda County 1" violation within 5 years - 1 e-mobile sales. Dottie Bis-Melfd, Program
May2008 Dapar1mant of Environmental day rwocatlon. Chlaf, Retail Tobacco
Fee paid to 1he Health Is responsible lor the Requites re1Bller8 to check the age of Permitting Progmn, Riverside
Pvpulatian: 304,051 County of enforcement ot the ordinance, 2"" violation within 5 years -purt:hasar8 who reasonably appear County Department of
Riverside ID »day revocaUon. underage. Envlrom.ental Health:
comuctthe The Department may check (951) 358-5172
admlnlalndlon known campllen1 less lhan 3"' violation within 5 years-AeqtAres that clerics 819 the mlnbnum de ll isme@ri~oc ha,o rg
and 1hnte Hmes per year In order to 90-day n~vocatlon. legal age to pUTChase tobacco
etduicemenl of 1n:n1ase visits to known p roducts (currantly 18).
the on:ar.nce. oflendenl. 4 111 violation within 5 yean! -5
year r.voeatlon. Reqllres that all tobacco-related
products end advertising must be
I
remcwed from public view during
period& of suspension or revocation.
Prohibita tobacco 111tallers from
engaging In nonsaJe d15bfbutlon
(samples, coupons, gift certificates)
on any private property that Is open to
the public.
'
YoloCounlJ $344/Anrual The Department ol 1" violation within 5 ye11n1 Bens mobile sales. Steven Jeneen
May2008 ErMnlnmental Hedtlls -1 o day revocation Yolo County Heelth
responsible for administration Requires that clerQ are the mlnbnlft'l Department.
Papulatlan: 23,571 ol the otdlnance. 2 1111 violation within 5 years legal age to purchase tobacco Tobacco Education Program:
(In unti'IC()ffiGal&d lln!IBS} -90 dlly I'8YOC8tion pro ducts. {530) ~8616,
The Dlslrlct Altamay's ofllce st!!ven ,,en§!iD !.tl!o!ocoun~,orn
handaa anfamnnent end ttne r violation within 5 yeal'!l - 1 ReqUires that d tobacco-ratated
sling oper.~Uons per year. year n!IYOCAtlon prodUcts and adva1islng must be
removed from public view dUrlng I
4111 violation within 5 years - 5 periods oiiiUIIpension or ruYocation.
year raYOCallon
Bens tobacco sales or giveaways at
bani or Qny IC~Cirtion licensed to S8fVe
alcohol for on-slta consumption.
Provides that a Ylolatlon altha
orcfnanc:e is a public end private
nuisance and c:an be enforced by the
Dls1rlct Attorney or any member of the
public.
City CJt Munteta $350/Anrull The RMnlde County 1• violation Within 5 yems-1 Bana mobile aalea. Dot11e Blls-Mertd, Prognun
May2008 Department of Erwtronrnental day reYOCatlon. Chief, RataD Tobacco
Fee paid to the Health Is 111 sponsible for the Requlnls retailers to check the age of Parmi~ Program, Rtveralda
Populatlan: 101/WT Courtyof e nforcement of the Oldlnance. r vldatlon within 5 years-~~who 1'98110nably appear County Department of
-RtYerslde to -30-dav revocation. _ ---Environmental Health:
The Center for Tobacco Polley & Ofgantmg • American Lung Association In California Page -26 -of 30
eotnmunltYID8t8 I 'Fee ; ; £nfQn:ement Actfvltl-SUipeltslan/Rwocation Adcatlonal Provisions Loeal Contact
P8WNd Sch••'-· '
concfiM:t the The Department may check (951) 358-5172
lldmlrUt.ndlon known compllenlless ttwn :r violation within 5 yaar.~ -Reqlirea that cleft<s 1118 the minimum de Di S!!l !il~riVQQhe .org
and thnJe tlma per year in order to 90-day revocation. legal age lo purchase tobacco ••fon:ement of Increase visits to known pnxluc1ll (cll11'11n11y 18).
the orddi'ICII. offandenl. 4111 violation within 5 yeara-5
year nwocatlon. Requires that all tobacce>-related
products and adVtll1ising must be
removed rrom public view during
periods of suspension or nwocatton.
Prohibits tobacco ralallers from
engaging in nonsaJe distnbutlon
(samples, coupons, gift ce111flcates)
on any private property that Is open to
the public.
Qty fit Holllstw $269/amual Code enforcement and peace t"' violation within 5 yean~ -to Bans moble sales. Samela Perw:
Mey2008 offlcer8 are responsible far day revocation San Benito County PubHc
enfOft:emBI'rt of the ordlna~. Requires retallar6 to checJ( 1tla age of Health Services,
Popullltlon: 37,301 2"" violation within 5 year& -purcl'laaer9 who appear to be under Tobacco Education and
&ch tobacco ralallw shall be 30 day nwocatton; If vlola1lon the age of 27. Prevention Program:
monitored far compliance at OCCUfS within o~ year r:l first (831)636-4011,
least one time per yesr. violation. there Is also a $250 Requlrea that clerlalllf8 the minimum Z:IIIIII:iii:JbC::IiiSHOg Z1
fl~. legal age to puchase tobacco
products (cunently 1 B).
3"' violation within 5 years -90
day revocation; if violation Requires 1hat all tobacco-related
occurs within t year of second products end adVertising must be
violation, there is also a $500 removed from public vtaw during
line. per1ocls of suspension or revocation.
4th violation wHhln 5 years -5 Authortzas the city ldtol'l'l8)' to enter
year revocation and $1 ,000 Into settlement agreements with
h . retailers after a Rrst or second
violation.
I
CftJfltNGRo $3&WAmull The RMnlda County tot vlalation witNn 5 )'8111'8 -1 9.-.s moble sales. Dottie EII$-Meltd, Program I Marc:~\ .2008 Dllpllrtment of Envlrtlnmental day nwocatron. Chief, AetaB Tobacco
Fee paid to the Haafth is responsible ror the Requires f8fallers to check 1he age of Petmiftilw Program. Riverside
Poputlltton: 2? po County or enforoelnent of the ordinance. 2"" vidatlon wHhln 5 years-purchasan~ who reasonably appem-County Department of
Riverside to 30-day I'IIVOCatlon. underage. Envtrorvnental Health:
conduct the The Department may check (951) 358-5172
adn tlri5ballon known compllenlless thiJn 3"' violation wHhln 5 years-Requl res that~ are the mlnlmLm delliS!!l!l~OYQQ h g ,O!Q
end tine tlmal per year In order to 90-day revocaUon. legal age to pun:hasa tobacco
enforcement r:l lnctwaae visits to known products (currently 1 B).
the ordinance. ofhredar&. 411 violation within 5 year.s -5
year nwoc:atlon. Requlras that all tobacce>-related
produc:ta and adverllalng must be
ramoYed trom public view durtng
Dertoda ot suspension or revocation.
n. Centar for Tobacco PoBcy 4 OJganlzlng • American Lung Association in California Page -27 -of 36
~iMrnllyiD*'-Fee ~EntoreementAC:tlwltl8$ ~-lOn/Revocdon Addltlonll Pr0v181cma Local Contact
Paned I . Sc:hdde : -.. --
Prohibits tobacco ratailefs from
engaging In nonsala di:s1nbution
(samples, coupons, gift eertillcates)
on erry private property that Is open to
the public.
City at CoraM $351VAnnl.al The Riverside County 1"' vfalation within 5 ye&B -1 Bllnll mobile 881e9. DotUe Ellls-Meltcl, Program
~2005 Department of Environmental day revocation. Chief, Retail Tobacco
Fee paid to the Heallh Ill responsible for the ReqUires relaihn l o check the age of Parmlttlng Progla/1\, RlvetSide
Papullltfan: 160,418 County of enforcement of the Oldlnance. 2,.. violation within 5 years -purchaaan who reasonebly appear Cot.rrty Department of
Riverside to 3D-day revocation, Ll'ldar.lga. Erwlronmantal Haelth:
conduct the The Oepartmenl may check (951) 358-5172
-*n~r~Btrlltion known complenl less tt.n 3"' violation wllhln 6 years -Requlnls that cterks 111111hll minimum delllsme@rfvocha.org
and tine times per year In order to 90-day revocation. legal age to purchase tobacco
anfolcement d lncnleae visits to known products (currently 18).
1ha ardJnance.. offenders. 4 111 Ylclation wtttin 5 years - 5
yeer revocatJon. Requires that 1111 tobacco-related
producla and advertising must be
removed from public view during
periods of suspension or revocation.
Prohibits tobacco rstaOen1 from
engaging In nonsale dlstilbutlon
(samples, coupons, gift cerllftcatss)
on eny private property that Is open to
the public.
City CJI ~ IJeach $224/Ann.al Ccmpllance shall be moritcnd 1"' violation Within 5 years -Bans mobile sales. Amber Hendry, Health
September 2008 by the Grover Beach Pollee 30-day nMICiltion. Education Specia list , County of
Department. At least four Bai1S sales in busii"'BSSaa that sells San wb Obispo Hlllllth
Popubltian: 13,278 campllance chedca of each 2"" violation within 5 Y88B -lllcohol for conslnlption on the Agency: (805) 781-1157
tobacco totaller shall be 90-day revocaHon. premises (restaurants and bare). £.§DdryOC:l,2J~&i.l.m
conducted during each twelve-
month period. ~ violation Within 5 yean~ • Requires ratallenl to c;heck the ID or
one year ravocatton. all pen~ons pun:haslng tobacco
products.
4111 vtofatlon within 5 years-
five year ravccatlon Reql.dres that all tobacco-related
products and advartlslng must be
removed from public view during
periods of license revocation.
ctty or Los AnGeles $SI»'Annual The City Attorney's ofllc:e 1•• violation wllhln 5 ye~n -Bens mobile sales. Chrtsttna Reyes, MPH, Chlel,
Septemb1111 2D05 conbac:ts with the Cellforna latter of reprimand from the Tobacco Retailer Lic ensing
(not&: 1he orlglrmllicense Department d Health Services, City Attorney. Requires lhat alllobacco-ntlated Unit, Tobacco Control and
with no fee was passed In Food & Drug Branc::h to do productB and paraphernafia mual be Prevention Pr ogram, LA County
May2000) ~r complance dledca. :zoe! violation within 5 yeans -removed from public view during Dept. ol Pubic Health:
~y suspension. periods of suspension. (213) S51-7309
PaoulliUon: 4,Q94,7M Investigatory pjOgl'llJn 8tslf cbrreves@ob.lacQ1!ffil,l._~
The Centw for Tobaoco Polley & Organizing • American Lung Association In California Page • 28 • of 38
COimnUI'Iftym.a ... •EftfotceMent AGitwttlea SUripensloniRevocatlon AdcltloiUII Provl8tons Local Contact
I PaMd SChecUe
--.. -
oondld3 cftywtde retaJer 3"' violation wttNn 5 Y811.1'9 -Seta up a systam for appeals l¥1d
Inspections. 90-day suspension. review hearlngs In a timely manner Of
befont the Pollee Permit Review
l'hln is a decfieated city 4• vlolldloo within 5 yeers -Panel. Nora Manzanilla. City Attorney's
prosecutor for 1tlls prognun. one year sua pension. Office:
Provid83 criminal penaltla9 for (213) 978-7742.
unlicensed ratailenl and those who faD n!!!D!ll.§!llllolll!,!licll:¥.gm
to comply with suspension periods.
City of VJ.ta $250/Annual Compllanc:.e shaD be monttcnd 1• vlolaUon within 3 years -Bans mobile lllllea. Gena Knutson. VIsta
May2005 by the San Diego ShartffB Ocensee Issued a written Community CHnlc
The ordinance Department. warning and required to baln Requinnllhat aD tobacco-related (760) 407-1220 exl165,
Poputdon: 87,&13 also provides employees wlthln 60 daya. products and paraphemaPa must be gena@v ista comm unaycllnfc .org
lncen1lvea for At least one compliance checks removed from public view duing
ntbllhtnJ to of each tabacco ntlallar shall be ztd vlda11on within 3 years -periods of suspension or revocation.
lower the cost conductlld cUing each twelVe-up to 3c:klay suspension
of the fee : see month period. The ordinance abo pi'OYides
•AddltlcxaJ Incentives for retalk!lra to lower the
ProvJslons• at cost of the fee:
right. 3"' vlolallon within 3 years -up $50 -No violations the prior year I to 9()-day auspenslon $25 • Using a cash register that nsads I the magnetic strip on a ctrtvers'
411 violation within 3 years -up llceme and verifies age
to one year suspension S25 - Being approved (by the Shariff's
Department) training program with at
5110 violation within 3 years -least annual training for all employees
the lleeNe may be revoked $25 -Having no tobacco advertising
on the windows or doors
City of Anvyu Grande S2081AnnuaJ The Am1yo Grande Pollee 1"' violation within 5 yem11 -Bans mobile sales. Amber Hendry, Health
Fllllnay .1005 Department wll conduct at 30-day suspension, Education Specialist County of
least 4 complance ch8ctca of Bans sales at locations Bcensecl to San Luis Obispo Heatltl
Paputatlon: 17,145 each tobacco rataaar each year. ~ violation within 5 yaan~-sale alcoholic beverages for Agency: (805) 781-1157
90-day suspension. consumption on the pnJITIIses (ban~). ahend rv@ co.s lo.ca.us
3"' violation within 5 yaar& -ReqLmls that all tobacco-111lated
one year suspension. products and advet1!slng ln\J9t be
removed from pubic view during
4" violation within 5 years -periods at suspension rx revocation.
lh& llceme ahal be ravoked.
City of A.nc:ho Cordon $287/Ani'UII Pollee wll concb:t c:ornpllance 1"' violation wltin 5 year.-ReqW&a that al tobacc:o-nllated Yvonne Rodriguez,
February 2011& checks of d l1llBI1era several 30-day suspension. products and paraphemaWa roost be Health Program Coordinator
tfJnes per year. remOYed from public vr.w during County of Sacramento Chronic
Population: 82,888 2"" violation within 5 years -pel'loda at ~nslon or revocation. Disease Pnrventlon Program:
Coda anfcxement wRI check 90-day suspension. (916 )875-6494,
on violations other ttlln youth ms;!dauezvvftl!:!!SSotJ!!1x.nel
access. :rot violation within 5 years -
one yaar auspension. or
The Center for Tobacco Poley & Organizing • American Lung Association In C&Dfomia Page-29-of 38
CCiminunftr/D*--~ Fee -' &foreement Activities SUSpe•~or~JReVocatton , Additional Provlllona Local Contact
PaNed ~ '
·---
4"' vtolation Within 5 yeara -Carolyn Martin.
the license shaD be nwoked. Sacramento Tobacco Reta.O
Ucenslng Task Force:
(916) 489-5293
Mar!;b 76~a ol.com
aty af ED: Groft $270/Anrual The Ell Gnwe Polce 1" vtclatlon within 5 YBIUlS-Bans moble sales. Yvome Aodr1guaz,
s.ptMnber 2004 ~wm conduct an 30-day 1Uilpefl81on. Health Program Coon:llnlltor
anruallnspectlon ot aD retallanl County of sacramento Chronic
Papulation: 143,885 as well as quarterly yatrth deccJy 2"" violation within 5 yea111 -Disease Prell9ntlon Program:
apenrtlons of randomly aelectud 90-day suspension. (916 )875-6494,
retallelll, rodrique~vv~~~
'r violation within 5 years-
one yaar suspension. or
401 violation within 5 ye&n~ -Cardyn Mertln.
the license shall be revoked. Sacrwnento Tobacco RetaR
Licensing Task Force: 916-489-
5293, Ma[£b7§@aol .com
aty Gf B c.Jon $898/Annual The City Finance Department 111 vJalatlon wHhln 5 yea111 -Bans mobUe sales. Debbie Kelley, Amerlcen Lung
June2004 wll conduct compllanct1 checks 30-dlly suspensi on. Association In california:
at aac:h retaler once per year Alternatively, the retBller may sana u1es In buslnessea that sell {619) 297-3901
Population: 99,837 per 19181er. pay an administrative line In either food or alcohol for consumption debbie@ lungsan di !!t9o.org
lieu of U. ausp«mlon. The on the pnmises (rntaunll\18 and
Any peace olftcer or code fine doas not expunge the bars). or
enforcement officer may llllso violation.
enforce the ordinance. ReqW&s 111fzlilenl to check the age of Lorenzo Higley. Director of
2"" violation within 5 years-p~Rhasera who •IUSOnably appear" Prognun Services el
90-dlly suspension. And If the to be undel' the age of 27. Communltlea Against
vtola1ion OC:Cln within 12 Substance Abuse: (61 !J) 442-
months of the 1Im. an Requires that cJerb 11111 the minimum 2727,
admlnlsbatlve fine Will be legaf age to purchase tobacco J:!rQQm!Il~~!Yiges dl ~ecc as a .orn
Ia sued. products (cum~ntly 1 B).
31d violation within 5 yaa111 -Requires that aD tobacco-n~Jatud
one year suspension. And If produels, paraph&malia, and
the violation occ:uns within 12 edvert131ng must be removed tram
months al the first. an public view dll'lng periods of
admlnlstratMt fine wBI be euspenslon or ravocatlon. For a finlt
Issued or second vlolaUon, howaver, !he
4111 violation Within 5 years -
retailer may post a sign during
suspension staling ~Tobacco
the license shaD be revoked. Products Not for Sale because this
And If the violation occurs store has violated a public haaJth law
wtttm 12 months of lhe first, 111gU!atlng tobacco. ft
an admlnlatratlva flne will be
Ia sued. SpeciHes the right of a prtvata cltlzan
rPtfvate enforcer1 to enforce this
ordinance.
Tl'le Center for Tobacco Polley a. Organizing • American Lung Association In Calfomfa Page -30 -of 36
~ ,Ae ~EnforCement ActlvftiM . ausp.nstOriiRevocalloft Addltlomif Provisions Local COntact I
·p-..c:~ SebedUI!t
---s.e.a-tto County $324/An .... Each atcn Will reeelve a vlsUIII For viola lions lnvolvtng the Bans mabie aalas. YvomeR~.
M!IY2004 ~annualyby lhe sale to a minor of tobaceo or Heallh Program Cooldlnator
Environmental Haafth OMalon tobacco products: In llldtfitlon lo youth decoy Operatlom, County of Sacramento Chronic
Population: &87,700 (In (coda lnspectore). the fee pays lot the Health Disease Prwvention Program :
unincorporated 1118118) 1" violation within 3 years-Department's youth p~hese (916 )875-6494.
The Sheriffs department will 3G-day suspensloo. aurveys. D2.tldm!!lM!it!lru<!<QIIniX.wd
conduct compliance checks at
a percentage of retailers each 2"" YICllatlon within 3 years -or
year. 90-day suspension.
Carolyn Martin,
3"' violation wllhln 3 yeara - 1 Sacramento Tobacco RataD
Year susp8f1Sion. Ucenslng Task Force:
(916) 489-5293,
4"' violation within 3 yaara -Marc!il§~aol.com
the llc8118e shaD be ravoi<ad
For aD other violations of tho
license (for axampla, self.
service displays, not posting
lloenae, ale~:
Anrt. a writtan warning wiD be
sam to the retailer. Then Ulere
wm be a re-lnspectlon, with
the cost charged to the
rataller. rr the violation has not
been fixed the license wiD be
IIUSpllflded or revoked.
Cttyof SaCiwnantD $300fAn...t Togda', the c:tty pollee , .. vlcllatlon within 5 y-.-Bans mobile aalea. Yvome Rodrigull%.
I ~2004 depar1mant llhd the code 30-day suspension. Heallh Program Coordinator
iii lforcement dvlslon wBI Requires 1hat all t~cco products county of sacramento Chronic
PopulatkJn: 488,189 conduct youth decoy 2"" violation within 5 years -and lobacco paraphernalia must be Dlsea• Pntvantloo Program:
et1kllcernent (compliance 90-day suspension. removed from public view during {916 )875·64~.
~. periods ot suspension or revocation. rodtig!.!!;l~:c.I~§;Jf<CQY!l\~, O!;l!
3"' violation wllhln 5 years -
Code Enforcement OfflcerB wiR one Y981' suspemlcn. In addition to youth decoy opemlor'IS. or
also conduct visual alta the fee pays for the Health
hlpectfons. 2.0 FTE wen1 4111 lliolatlon wHhln 5 years -Department's youth purchase Carolyn Martin,
added to the Code B'ltotcement the license shaD be ruvolled. surveys. sacramento Tobacco RetaU
Dlvllkln. Licensing Task Force :
(916) 489-5293,
~
Cl1)t Df haed8nll $225.74/ The Polce Vlce-Nan:ottca unit 1•1 violation-up to 30 day Tho Ordinance passed In Puadana Statlca Wilmore.
Febuary 2004 Anooal wl conduct quarterly suspension Includes the foDowlng provisions, Tobaf;co Control Project
compllarDI checks ot randomly some ol Which relates to the ratallef Coordinator,
Populatlan: 151,578 seleeted ratallenJ (the equivalent 2"" vfdallon within 5 years-l1cenae and some does not: City ot Pasadena H9111ttl
done coml:llianca c:hec* per ~to90dlw"'' t
Tho c.nt.r for Tobacco Polley a Organizing • Arnerfcan Lung Association In CaRfomla Page-31· of36
Co~m~Un1f~JD81'e Fee ' enton:ement ACtlwltAiia SWpen~~IOti/ReVocallon Additional Provisions Local Contact I Passed Schedde
--
l"88ddlr per y9lll) and Bans moble aalea. (826) 7 44-6051,
EnvlrorlnerrtBI Health wll 3"' violation within 5 YIIIU8 -l!Wi!II!2!:!i!!i!<i!J!2112iil~i'IQ!i!!Jii!,lli:J
conduct vtsua1 alta Inspections the license may be nwoked. Requires that 1111 tobacco-related
of st!Jf9S. advertising must be removed from or
pcmtlc VIew during period!! of
suspension or ravocallon. ctmtlna Reyes, MPH. Chief,
Tobacco Retailer Ucenstng
Establishes a concfltlonal Ull8 permit Unit, Tobacco Control and
(CUP) for algnlllcant tobacco retailers Prevention Progra m, LA County
Dept of PubfiC Health :
Created amoke·free city pali<s. (213) 351-7309
Chrr!.!l/SS@I2 b,l m;;Q\!O~,QQV
City of San Luis Obispo $278/Annual Three pollee olflcen and one 111 violation within 5 years -30 Bans mobile 88las Amber Hendry, Heallh
August 2DDt3 pollee sergeant wiD concb:t 4 day sugpension Educa11on Specialist, County of
compliance c:hec:k8 per-retailer Bana eales allocatloos licensed to San Luis Obispo Health
Population: 44,148 per-year on a part time basis. r VIolation Within 6 years -88le aJcol'lollc beverages for Agency: (805) 781-1157
90 day suspension consumption on the pn1111lsea (bllf8). ahendrvctco.slo,!<B-!,!1
It was wrtftan Into the law that
at least four t:Ompllance checlc8 3,.. violation within 5 yean~ -Requires that an tobacco products
must be c:onclJc:ted uch year One year suspension. must be removed rrom public vtaw
and ltlll cost of compliance dUrfng perfods of suapenslon or
monitoring shel be 4 111 violation within 5 yeanJ -revocation.
Incorporated Into the lcense the license shall be revoked.
I
fee.
---
The C«rterforTobaceo Poley a 01gantzlug • American Lung Association In California P11118 - 3 2 • of 36
S1rona Tobacco Retailer Ucenslna Ordlrw'lces W1th Other Stable Funcflna Sowces
The ordinances passed by the previous communities isted Include fees that pay for comprehensive amercement progi 81119 and compDance checks. These ordinances,
along with the TALC model ordinance, are the best axamples because of the fees that cover administration and enfOI cement. The last ten ordinances are stiO strong, but
they do not have dedicated fees to pay far enfa oement. lhe enfa cement and compliance checks In these ordinances are funded through other stable and sustainable
SOU"C88.
Cotnmunlty/Dt* Fee Enforcermnt Activities Suspanslon/Revocation Addftiona1 Provisions Local Contact
~ $ch ....
City of MOI'IbNV hrk $40/Annual The Pollee Depmtment Ia 111 violation within 5 yean, -30 Bana mobile saJes. Christina Reyes, MPH. Chief,
Aprll2010 responsible for administration day suspension Tobacco Retailer Ucensing
Pollee and enforcement and wll Unit, T obacc:o Control and
PapWdon: 85,.Q27 DapartrnCil wll conduct amual compliance 2"" violation within 5 year.~ -Prevention Program. LA County
cover checks. 90 day swpenslon Dept. ot Public Health:
compliance (213} 351-7309
checks through 3"' Yiollltlon wiltlin 5 yt~~~n~ -!<l:!!ilfali!!!,!!s;ountv,gg!!
existing l'und:s. 01'111 year abpet13ion
Retailer
l'tl!lpCifiSIII fOf 4" lliolation within 5 }'8r.l -
nasponse costs license ravoked
(repay any
pubic hinds
ueedbythe
city aftar
violation
kuld).
City of Lll c.wda S501Annual Complance monltcnd by City 1" violation within 3 yeats -tO Bans mobile aalas. Chlfsllnll Rayes. MPH, Chief,
FUntrtdge Manager. City Manager wiD day nwocatlon Tobacco R•laller U censing
Juntt2001J Thaclty determine manner and Requires l"lltlllleB to check the age of Unit, Tobacco Control and
aupplamel dB fnlquancy d campllanca 2"" vfdation within 3 yaars -ptrehaaets who appear to be under Prevention Program. LA County
Population: 21 :IB1 the remaining c:hacka. Los An!faln CoLr1ty 30 clay revocation the age of 27. Dept of Public Health:
Utdl needed s-m. conduct compliance (213} 351-7309
for compliance c:hllciUI through existing 3"' violation within 3 yeans -90 Require& that clark& era the minimum s<hrT!i!::£!l!l@Qh.!as;ounll£,gov
chedcafrom oontract with city. day revocation legal age to pun;haae tcbacco
the general product s (cumtntly 18).
fund. 4" vlofatton within 3 years -
ona year nwocatlon Reqli/99 that all tobacco-nllated
procb:la and adver1lslng must be
nlmOied from ptlbllc view during
pertoda of suspension ar revocation.
CHJGfCalal .. No l'8e Complance monltcnd by 111 viola lion within 5 years -ReqUr8s rwtau.ra to check the age d Ch!tslmll Reyes, MPH, Chief,
June2009 ~but c:crnnuWty ctev.lopnMnt ttne rnmth revocat io n. purchasers who r.sonabty appear to Tobacco Rtrtaller Licensing
aot*tbe dapaJtmenl. b e ~dllr the age ot 27. Unit, Tobacco Control and
PGpulatlan: 23,781 edoptad later. rt violation within 5 Y81VB -Prevention Program, LA County
Compliance ahWd be ehacked abt month nwoc:atlon. Requires that clerks are the minimum Dept ol Public Health:
Clyw!l at laaat 1tne times per year for legal age to ptm:hase labacco (213) 351-7309
Wlfon:e each retailer. ~violation wfthln 5 veans -DiOduCts (cumtnllv 181. '" ~~~n on n nn'
The CenterfOI' Tabagoo Poley & Organizing • American L.ung Assoc:la11on h Callfomla Page -33 -of 36
I
I
~.IDaf& ,.. EntCMcenet ActlvtiiM SUSpe•loniReYOCIIIIon AddJtlanal Provisions -Local -Contact
PaiMCI --~
lw'ough one year I1IYDCIItion..
existing fmds. Requires that all tobacco products
The City 4. violation wlt1ln 5 years-s and advertisements IT'liSt be removed
Manager Is year revocation. from p!Jlllc view during periods ot
ftlqlired to suspension or revocation.
report IDIIW..B0y
about the cost Bans mobile 981es .
otantacemant,
Whether
addltlonlll
funds 11111
need&dand
whether those
1lwis ahould
come from the
general fund, a
fee on l'8ldera
«fines.
City of Cen1IDs $50t'Annual Los .AngaMa County ahalt'fa 1• violation wlttin 3 yean~-ReqUres 1111ailera to check lhe age d Christina Reyes, MPH . Chief,
......, 2008 concb:t compliance chec:lca wrfttBn wamlng pwehasenl who appear to be under Tobacco Retailer Ucensing
The city ttwough existing conbact with the age of 30. ur«. Tobacco Control and
Papulatlan: 54,841 ~ city. 2"" vlalatlon wll.hln 3 years -Pnwentton Program, LA County
1he remaining Lf)lo 30 day suapenalon (up Requires that clal1<s Bl1l tha minimiMn Dept. of Pubic Health:
flnil needed to 90 suspension If violation legal age to purct.aa tobacco (213) 351-7309
for compliance within 1 ya.) products (cummlly 18). !<!:n:m~e~@!2b.li1!<2!.!!l~.gQll
chaclcB from
the general 3"' violation within 3 years -up Req&.mn lhat all tobacco-related
fOnd. to 90 day suspension p!Uduct3 and •dvarllslng must be
rwnOYed from public view during
4111 violation within 3 years -periods of suspension or 1'8Y0Cation.
license may be revoked
City of T-meculll Nofea Compliance can be monttcnd 101 violation within 5 yean -10 RaqUirM retallara to check tha age of Dottie EDis-Nertd, Program
June2008 plllmad. but by any paace offtear. day I"'MJCCltlon. purchasers who reasonably appellr to Chief, Ralall Tobacco
ooUdbe be under the age or 27. Pennlttlng Program, Riverside
Population: 105,021 adopt.d lat8r. Cfty paya for enforcement 21111 \lldallon Within 5 Y11813 -County Department or
dY!tlae thi'Qugh existing 30-day revocation. ReqUires that derka .,.. the minimum Envlrormental Health:
Mds. legal age to purchase tobacco (951) 35~5172
~ vlolallon within 5 yaMI-products (ctmn1fy 18). de/lisme@rivocha .org
90-day revocation.
4111 violation wtthln 5 yara -5
Requires that all tobacco products
and advartlsementa mwt be tamCJYed
year reYOCatlon. fnlm public view during periods ol
suspension or revocation.
For tha 101 and 2"" violation tha
ratallar can enter a satlament Bans mobile sales.
with tha County to pay a h
and gat a reduced revocation.
The Centar tor Tobacco Polley & Organ!Ulg • American IJ.mg Association In CaUfomia Page -34 w o1 36
Communltr/Date ,.. ·Eftfon:ement Al:llvttJes . 8Wp8nalon/Re'Vocallon Addtlonall PI'Ovlalona Local Contact
PaMecf Sch.-..
a.n Fnncl8co S1751Anl'lal Environmental Health 1" vlclatlon -up to 90-day In addition to the susp-'on Alyonlk Hruahow
NowmtMw 21103 Ucenslng Fea Inspectors wll conduct 2 suspension schedule, lhe foUowlng administrative Project Dlr8ctor, Tobacco
routine Vlslaf site Inspections penalties ll"'llY be assessed: Control, San Francisco
Papuldon: 85eM5 $501one 11me per--relllller per-year. 2"" violation within 12 months Departme nt of Public Health:
application and -up to &-month suspension $1 00 for the fnt violation, (415) 581-2447,
Initial (Nola: San Francisco had a $200 for a aecond violation. Alllooi!I,Hrv~h Qw@sfd Q h.org
Inspection f8e atrmg ongo1ng nan:ament Each s• lbseq~lllnt violation and not to exceed S500 for the thlltf
pcogram In place before their within 12 months -14> to one end each subsequent vi~
lk:enalng anlnance waa yeareuapenslon.
passed. T'ha pollee depar1ment
does appi'OIIImately 45
aJforalrnent aperaUana al Mal
outlets WVet'f month. The cost
of this program Is paid for
through MSA monies end
thensfore these enforcement
costs WeN l"'It lnck.ded rn u.
licerMIM.)
Contrll Costll Countr $287/Ann.al Health SWvlces Dep.tment 1" violation-up to 30-day Bam mobile sales. Danica Dennl!l, Project Dlructor,
...,UIIIY 2003 (tobacco) alalf wll conduct site suspension. Contra Costa HeaHh SefvtC83:
vlllts to the st0f118 on an annual Reql.dn!s that eU lobacco-rerm.d (925) 313-6825.
Popufatlon: 171,1154 (In baala to enfaree the Ic-Ing 2"" violation within 2 years-prodUciB must be removed from dQ!i!DD i §~ !Jl!Q,!;;l<C QI!O!Y.!J§
unincorporated 8l811B) ordlrence and Mlr-urvlce up to 9o-da:y suspension. pubOc view during periods af
chplay ban. Thla ac:tlvlty Ill suapenaton or ravacatlon.
paid for through the lcense r.e. 3"' vfolaUon and subsequent
violations within 2 )'88nl -...,
T'ha CQUnty contrac:ta with the to one year suepenslcn.
Food end Drug Branch of the
Celiromla Department of Pubic
H&llfttl to conduct amg
operations each year wing
other funding eources.
Cft1ol......, $427/Arn.aJ Elw.OI menlld Haith 1" Ykllatlon within 6 YMfl -ReqW9s that an trbacco products Marcie Brown-Machen,
~-2DOZ SpeclafJSts wll conduct th'llll ~to 30 day suspension. must be reiTICMid from pubic view Tobacco f'teY.mlon Program
With • 3.5'J6 vtsuallltelnspectlans per c:tumg periods of susp.nslon at Dlractor. ctty d Berkeley Heanh
~! 108.,110 arn.a~n:r-retaler per year. 0.5 FTE was rl violation wltNn 5 yean-revocation. Department:
fur COLA add8d to the &MrOI mental up to 90 r11tf suspen:~lon. (510) 981-5309,
Health Department. MBrown-
3"' violation within 5 yeats -up M;!c!:l!ln'!l!ci.ber1<elell.ca.us
(Not~ Beri<eley's tee does not to one year suspension.
pay far PC 308 compliance
checka. The city's poBce 4., vtolallon within 5 yeara -
department had an ongoing the license may be 1'8Yoked
program to conduct bi-annual
compDance dwc:b of randomly
Mlected atofM. n. police
department abeorbs the related
costa ot lhese operations.)
T1lll CenlllrforTobacco Polley A OrganiZing • American LLmg Aa9ocla1ion rn California Page -35 -ot 36
CO.*"UnftJIDatl& Fee . ~Activities s.pensloniRevocallon Ackltlonal Provlstons Local Contact
: . SChedule
Cttyo4 s.nta a..... $3CVAml.W Enforcement wll be handled by 1• violation within 2 yaans-Bans mobile sales. ~wn M. Dunn. Program
Jwle2002 lhe Santa Ba1bara Polce lett8r of warning Administrator, Tobacco
Dapar1ment. Pnrventlon Settlement Program,
Populatlan: 00,893 2"" violation within 2 yeara-Santa 8.-bera Courty Public
MSA hnta .,.. usad to conduct 3Cktay suspension H981th Department
oompliala c:hecka. (805) 681-5 .. 07.
3"' Ylolatlon wlltlln 2 y81U8 -Dll'im.~ll!l::!Dibl<llbd.QilJ
9(kjay suspension
•" violation within 2 yeans -1·
year SU9penslon
Cttyutcac.t. S30/Annual Erlon:ement wl1 be handled by 1 .. violation within 2 years -Bans mabie aale&. Dawn M. Dunn, Program
November 2D01 1ha Santa BIU'bara County letter of warning Admlntslnltor, Tobacco
Public Health Department. P111Y.rtlon Settlement Program,
Paputatlon: 31 ,GI9 2"" lliolatlon witNn 2 yeilll -SaniB Bllllbara County P\bllc
MSA lll'!ds .,.. used to conduct 30-day suspen.Won Hestlh Department
canpllance checks. (805) 881-5407.
3"' violation wiUWn 2 yean~ -Dawn.dun!!!!!~hd Q!9
90-day suspension
4" vlolaUon within 2 years-1-
year suspension
-
Scuc8s: Poplatlon 1lguiBs an~ from IIIII Sbda of c.lltanA. o.p;utrn.nt of Finance, E-1 Population E&timetiJslorCifles, Countieuttdthe State wiffl /wuJJ Perf:ent Change -JatJc.wy 1, 2010
0 2011. CelfotnB l>t!Jpwftnent of Public Heslttt. Funded undar contntcf 4109-1 1173.
The Cent.. lor Tobacco Poley A Organizing • Amerfean Lung Association In caJJ1omla Page· 36 • ol 36