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Tobacco Retailer Licensing (TRL): Bells & Whistles. Randy Kline, Staff Attorney TALC (Technical Assistance Legal Center) http://talc.phi.org 510.444.8252 x303 rkline@phi.org. Core TRL Components. All tobacco retailers must get a license and renew it annually

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tobacco retailer licensing trl bells whistles

Tobacco Retailer Licensing (TRL):Bells & Whistles

Randy Kline, Staff Attorney

TALC (Technical Assistance Legal Center)

http://talc.phi.org

510.444.8252 x303

rkline@phi.org

core trl components
Core TRL Components
  • All tobacco retailers must get a license and renew it annually
  • The fee should fund administration and effective enforcement
  • A violation of any existing local, state or federal tobacco law is a license violation
  • Violation results in suspension or revocation plus traditional penalties
add on components
Add-On Components
  • The following components, the “bells and whistles” of licensing, are not essential
  • However, these extra components are not trivial or unimportant
    • In some communities, they will make a good licensing ordinance much better
    • In other communities, they could be critical to getting around a roadblock in a campaign or during implementation
who can get a license
Who Can Get a License
  • No licenses for “Significant Tobacco Retailers” (e.g., tobacco shops)
  • No licenses for restaurants and bars
  • No licenses for residentially zoned locations
  • No licenses for business that provide indoor or outdoor smoking areas
    • Bans “hookah bars”
regulations prohibitions 1
Regulations & Prohibitions 1
  • Clerk must be 18 to sell tobacco
  • Must check the ID of anyone under 27
    • Can use adults (18) to test compliance
  • Smoking prohibited outside a retailer
    • E.g., 20 feet from entrances
  • Revoke license for illegal alcohol sales
    • Broaden coalition to include alcohol control
regulations prohibitions 2
Regulations & Prohibitions 2
  • Prohibit tobacco look-a-like products
    • Bans candy cigarettes and cigars
  • Limit tobacco sampling and giveaways
    • No tobacco products at “bar nights”
  • License violation to violate sign laws
    • “Lee law:” no more than 1/3 of windows of alcohol retailer can be covered by signs
gathering evidence
Gathering Evidence
  • Partial immunity for youth decoys
  • Youth decoys don’t have to testify
penalties
Penalties
  • Retailers without a license cannot display or advertise tobacco products or paraphernalia
  • Tobacco and paraphernalia can be seized and destroyed if offered for sale without a license
  • Require “dunce” signs for violators
prosecution
Prosecution
  • City attorneys and county counsel have express authority to settle cases
    • minimum standards for settlements
  • “No contest” plea in a parallel prosecution (e.g., PC 308) results in license revocation
universal enforcement
Universal Enforcement
  • In addition to traditional enforcement:Anyone can enforce the law in small claims court
    • Private citizens can enforce the law
    • Non-profits can enforce the law (e.g., ALA)
    • Cities and counties too!
      • No attorneys needed, staff can prosecute
      • Health department can enforce the law within a city
conclusion
Conclusion
  • TALC’s revised model licensing ordinance contains many of these “bells and whistles” (some addressing important implementation issues)
  • TALC keeps track of new ideas, so contact us for the very latest thinking
slide12

Randy Kline, Staff Attorney

TALC (Technical Assistance Legal Center)

http://talc.phi.org

510.444.8252 x303

rkline@phi.org