2007 National Conference on Tobacco or Health

Wednesday, October 24, 2007
Exhibit Hall

Local Tobacco Retailer Licensing: The Strongest Tool in the Toolbox?

Randolph Kline, Technical Assistance Legal Center, rkline@phi.org, Robin Salsburg, JD, rsalsburg@phi.org, Samantha Graff, JD, sgraff@phi.org.

Learning Objectives: Identify key components of strong tobacco retailer licensing and describe additional policy restrictions that can be included.

Problem/Objective: Describe how tobacco retailer licensing works and present a variety of innovative polices that can be included.

Methods: Legal research into the power of government to impose a tobacco retailer licensing law and best practices.

Results: Local tobacco retailer licensing can be an effective and meaningful solution to pervasive violations of tobacco control laws. Licensing laws in California require merchants to obtain a license before selling tobacco products. The license can be temporarily revoked if the merchant sells tobacco to a minor or violates other tobacco-related laws. A key to success is the imposition of a licensing fee that fully covers enforcement costs.

A licensing ordinance can also include additional policy restrictions, such as: Prohibiting: • mobile vending; • tobacco sales in bars and restaurants; • new specialty tobacco stores; • self-service tobacco displays; • tobacco ads in unlicensed stores; and Requiring clerks to: • be at least eighteen years of age; and • check the ID of tobacco customers appearing younger than 27 old.

Conclusions: This presentation describes how tobacco retailer licensing works and lays out a variety of innovative policies that can be included in an enhanced licensing ordinance.



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talc.phi.org