Agenda Item No: 6a. Meeting Date: April 16, 2012 Department: CITY MANAGER SAN RAFAEL CITY COUNCIL AGENDA REPORT Prepared by: Rebecca Woodbury, Management Analyst City Manager Approval: _~=-S_ SUBJECT: INFORMATIONAL REPORT ON RECOMMENDED AMENDMENTS TO THE CITY'S SMOKING ORDINANCE RECOMMENDATION: Accept Informational Report and Provide Direction to Staff. BACKGROUND: California has state laws that regulate smoking in indoor and outdoor areas. Most state laws address indoor workplaces, with minimal regulation regarding outdoor air. Many local jurisdictions have adopted laws that go beyond state laws regulating smoking more explicitly in outdoor areas as well as multifamily housing. This section will provide an overview of tobacco related state laws, San Rafael Municipal codes related to tobacco use, and a discussion about the American Lung Association's annual report on local smoking ordinances. State Law. Since January 1, 1995, smoking has been banned in all enclosed workplaces in California, including restaurants and bars (bars were excluded until January 1998), exempting some areas such as: Workplaces with five or fewer employees (as long as all workers consent) 65% of the guest rooms of hotels/motels Lobby areas of hotels/motels designated for smoking Meeting and banquet rooms except while food or beverage functions are taking place Retail or wholesale tobacco shops and private smokers lounges (i.e. cigar bars) Truck cabs/tractors if no nonsmoking employees are present Some non-office warehouse facilities Theatrical production sites if smoking is an integral part of the story Medical research or treatment sites if smoking is integral to the research or treatment being conducted Private residences except homes licensed as family day care homes during the hours of operation and in those areas where children are present Smoking was banned within 25 feet of outdoor playgrounds in 2003. In January 2004, smoking was banned within 20 feet of the entrance or window of a public building. The law also prohibits smoking in state owned vehicles. In January 2008, state law prohibited smoking in a moving vehicle while in the presence of a minor. FOR CITY CLERK ONLY File No.: Council Meeting: Disposition:
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 San Rafael, Municipal Code. The San Rafael Municipal Code has various sections that regulate smoking and retail tobacco sales beyond what state law requires: 8.10.090 - prohibits smoking within 100 feet of a playground. (Ord. 1795 2 (part), 2002). 8.14 - prohibits smoking in all enclosed public places and outdoor areas immediately adjacent to any entrance or exit of buildings where smoking is prohibited, as well as places of employment, indoor common areas of multi-unit residences (apartments, condominiums, senior living facilities) and requires 50% of hotel rooms be non-smoking. (Ord. 1653 (part), 1993). 8.15 - regulates tobacco retail sales, advertising and promotion by requiring a tobacco retailer permit ($48 fee), and prohibiting advertising and promotion of tobacco products within 500 feet of an elementary or secondary school, high school, public playground or playground area in a public park (e.g., a public park with equipment such as swings and seesaws, baseball diamonds or basketball courts), day care center, public community center and public library. (Ord. 1741 2 (part), 1999). 14.05.020 and 14.05.022 - regulates significant tobacco retailers (tobacco sales are more than ancillary) through conditional use permits and Planning Commission approval to restrict these establishments from locating within 1000 feet from schools (public and private elementary, junior high, and high schools), public parks, public libraries, arcades, youth/teen centers, community/recreation centers, licensed day care centers for children, shopping malls, and houses of worship with organized youth programs. American Lung Association Scorecard. The American Lung Association (ALA) is an advocacy group whose goals are to eliminate tobacco use and tobacco-related lung disease, improve the air so that it will not cause or worsen lung disease, and reduce the burden of lung disease on patients and their families. They produce an annual report called State of Tobacco Control. The 2012 report rated San Rafael a "C" grade for overall tobacco control. There are three components of this grade: Smokefree Outdoor Air, Smokefree Housing, and Reducing Sales of Tobacco Products. San Rafael scored an "F" for Smokefree Outdoor Air, a "D" for Smokefree Housing, and an "A" for Reducing Sales of Tobacco Products. Several jurisdictions in Marin have smoking ordinances that address outdoor air and multi-family housing. Larkspur, Novato, Ross, and Marin County received "A" grades for their outdoor air policies while Fairfax, Larkspur, Novato, and Tiburon received "A" grades for smokefree multi-family housing policies. The full scorecard is attached to this report as Exhibit A. The following table outlines the scorecard's components, maximum possible points, and how San Rafael scored. Possible San Rafael's Scorecard Component Points Points Reducing Sales of Tobacco Products Grade = A Tobacco Retailer Licensing 4 4 Sales near Schools and Parks + 1 bonus 1 Sales in Pharmacies + 1 bonus 0 Sampling of Tobacco Products + 1 bonus 0 Smokefree Outdoor Air Grade = F Outdoor Dining Areas 4 0 Entryways 4 2 Public Events 4 0 Recreation Areas 4 0 Service Areas 4 0 Sidewalks + 1 bonus 0 Worksites +1 bonus 0
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 Smokefree Multi-family Housing Grade = D Nonsmoking units 4 0 Nonsmoking common areas 4 2 Disclosure 4 0 Nuisance + 1 bonus 0 Housing Authority Units + 1 bonus 0 ANALYSIS: The ALA suggests there are three parts of a comprehensive smoking ordinance that include regulation of tobacco sales, outdoor air, and multi-family housing. The following section will discuss the components of each part according to the ALA as well as the context of San Rafael, a discussion of enforcement issues, followed by a staff recommendation. Reducing Sales of Tobacco Products (San Rafael Grade = A). There are four components to reducing tobacco sales, including regulation of tobacco retailer licensing; sales near schools and parks; sales in pharmacies; and sampling of tobacco products. There are 64 tobacco retailers on record. The City of San Rafael requires all tobacco retailers to have a tobacco retailer permit that is renewed annually through the business license. The permit has a one-time fee of $48. The City also regulates significant tobacco sales (over 20% of gross receipts) near schools and parks. Smokefree Outdoor Air (San Rafael Grade = F). There are seven components to a smokefree outdoor air ordinance including regulating smoking in outdoor dining areas; within 20 feet of doors and windows; public events; recreation areas; outdoor service areas (such as bus stops and ATM lines); sidewalks; and worksites. The City of San Rafael has 15 permitted outdqor dining areas in the Downtown area. There are 19 parks in the City of San Rafael and 393 acres of developed park land. There are several commercial areas throughout San Rafael with multiple entryways close together, including Downtown and West End area, Montecito Shopping Area, and shopping areas around Northgate. The City currently prohibits smoking immediately adjacent to entryways. There are 26 Downtown Farmers' Markets annually, averaging 3,000 visitors each. There are seven major events in Downtown each year that can attract 3,000-5,000 visitors each. There are multiple other events throughout the City in other areas such as at Falkirk, the Canal neighborhood and Northgate. Smokefree Multi-family Housing (San Rafael Grade = 0). There are six components to a smokefree multifamily housing ordinance including the regulation of smoking in units and common areas (indoor and outdoor); designated smoking areas; disclosure of information to tenants; secondhand smoke exposure as a nuisance; and the regulation of smoking in housing authority units. As of 2008, there were 23,636 housing units in San Rafael. Of these, 10 percent were in structures of two to four units, and 34 percent were in structures with five or more units. Multifamily housing (renter and owner occupied) comprises 44 percent of the housing stock in San Rafael. There are over 600 properties in San Rafael with 3 or more units, resulting in about 8,000 multi-family rental units. Enforcement. Smoking laws are generally enforced through a complaint-based system. Literature from advocacy organizations heavily relies on the premise that smoking ordinances are highly self-enforcing. The County offers grant funded assistance with complaints to the extent that they will handle a first complaint by sending a warning letter. The City would be responsible for responding to second complaints.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Anecdotally, other Marin cities have expressed concern about enforcement of these ordinances. Novato has experienced a steady increase in complaints from their multi-family housing ordinance and the cases are time consuming and difficult to resolve. Other smaller cities with newer ordinances haven't experienced many complaints, but are concerned that they may be difficult to resolve. Due to staff limitations, Police resources cannot be involved in the enforcement of this ordinance. Nor can staff that are working in our parks or at our special events. The City can set up an administrative process for dealing with complaints, in coordination with the County of Marin. This will likely alter the administrative and staffing duties of the Code Enforcement Division, which is not currently equipped to handle enforcement of new smoking regulations. The division has 2.3 (full time equivalent) employees dedicated to the Housing Inspection Program and 0.7 (full time equivalent) employees dedicated to all other code enforcement issues, such as the massage ordinance. Adding enforcement of this ordinance would increase the need for code enforcement investigations and inspections. The level of enforcement would be contingent on code enforcement priorities. This would likely fall under the category of non-urgent health and safety. There may be opportunities to incorporate certain levels of compliance with a smokefree multi-family housing ordinance into the Housing Inspection Program. Code enforcement officers, however, would not have the authority to demand identification from individuals who are smoking in violation of the ordinance. Staff recommends working with the County of Marin on providing materials, education and outreach to merchants and businesses. The City can post signs in certain areas, such as Downtown and park areas with heavy use like playgrounds, sports fields and courts, and picnic areas. Staff recommendation. Staff recommends adding outdoor air regulations to our existing tobacco-related ordinances. The next step would be to conduct outreach to affected parties. Should the Council additionally wish to add multi-family housing regulations simultaneously, significantly more outreach would be required and would impact the timeline of bringing back a final ordinance for Council consideration. In general, outreach would include, but not be limited to, stakeholder meetings with the following agencies and organizations: County of Marin Chamber of Commerce Downtown Business Improvement District Parks and Recreation Commission Outdoor Dining Establishments Public Event Organizers Marin Transit Golden Gate Transit Marin Builder's Association Ritter Center, St. Vincent De Paul, Alano Club and other social service providers Multi-family housing property owners / property managers Marin Association of Realtors Legal Aid of Marin Canal Alliance Neighborhood Associations The following table outlines the staff recommendation for pursuing a smokefree outdoor air ordinance. Staff expects this recommendation would result in 18 points and achieve an "A" grade on ALA's scorecard. Smokefree Outdoor Air Component Staff recommendation Points Outdoor Dining Areas 100% smokefree 4 Entryways Prohibit smoking 20 feet from entryways 4
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 Public Events Prohibit smoking at all public events, but designated smoking areas are 3 permitted Recreation Areas Regulate smoking in recreation areas by prohibiting smoking within 200 3 feet of areas of heavy use, such as playgrounds, sports fields and courts, picnic areas, and dog parks. Designated smoking areas are permitted Outdoor service areas Prohibit smoking in all service areas (bus stops, ATM and ticket lines, etc) 4 Sidewalks Staff does not recommend prohibition of smoking on sidewalks 0 Worksites Prohibit smoking in outdoor working areas on a voluntary basis 0 The following table outlines the additional alternative of pursuing a smokefree multi-family housing ordinance. Staff expects this recommendation would result in 13 points and achieve an "A" grade on ALA's scorecard. Smokefree Multi-Family Housing Component Staff recommendation Points Nonsmoking Units Require 75% of multi-family rental units to be declared nonsmoking, in 4 properties of 16 units or more Nonsmoking Common Prohibit smoking in all indoor and outdoor common areas, but allow for 4 Areas designated smoking areas Disclosure Require landlords of apartments to disclose to potential tenants 3 information about smoking restrictions, including general smoking policies, whether the unit they are renting is smoking or nonsmoking, and the location of smoking and nonsmoking units Nuisance Declare secondhand smoke a nuisance within a housing setting +1 bonus Housing Authority Require 75% of multi-family housing authority units to be declared +1 Units nonsmoking bonus ENVIRONMENTAL REVIEW: This ordinance would be exempt from environmental review. It is covered by the general rule that the California Environmental Quality Act (CEQA) applies to projects which have the potential for causing a significant effect on the environment (1506183). FISCAL IMPACT: Depending on the final scope of the ordinance, this may alter the administrative and staffing duties of code enforcement officers. To the extent the City plans to pursue enforcement of a new ordinance, there will be a need for additional code enforcement investigations and inspections. Additionally, there will be costs incurred for independent hearing officers and City Attorney prosecution of administrative enforcement proceedings. The City would not likely be able to recover its hearing officer costs and attorney's fees in such proceedings. The City may incur costs related to increased signage. Outreach and informational materials beyond what the County provides may be necessary. RECOMMENDED ACTION: Accept Informational Report and Provide Direction to Staff. OPTIONS: 1. Direct staff to pursue outreach and bring back an ordinance for smokefree outdoor air regulations only. 2. Direct staff to pursue outreach and bring back an ordinance for smokefree multi-family housing regulations only. 3. Direct staff to pursue outreach and bring back an ordinance which covers both smokefree outdoor air and multi-family housing regulations simultaneously. 4. Direct staff to pursue outreach and bring back an ordinance which covers smokefree outdoor air regulations as a first phase and multi-family housing regulations as a second phase.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 5. Provide staff with direction not to pursue any ordinance at this time. EXHIBITS: A. American Lung Association 2012 Scorecards for Local Ordinances in Marin B. American Lung Association Local Grading Methodology
American Lung Association 2012 Marin County Scorecard MARIN COUNTY.,r/" //'? / ~~..,./ 7 ~/ /~...-.",.../ //.. /7 T~ j"/ EntTy1Nay:s () 0.4.4 0.4.4 4. 2. Public Events () ().4.4 0 4..4 0 () Recreation Areas () ().4 4-0.4.4.4 0 Service Areas () () 0 4-0.4 4-0 () Si'liewalks () () 0 0 0 0 0 0 () Worksits () 0 1 1 0 1 0 0 (} Nonsmoking Common Areas 2. ().4 4-2..4 2 2 2. Disclosure () () 4-4- 0 <1 0 0 () Nuisance () () 1 1 0 1 0 0 0 Housing Authority Units nla I nla 0 n/a n/a 0 nla 0 0 Sals near Schools and Parlr.s () 0 0 0 0 1 0 0 1 Sales in Phal1'l"'",acies () 0 0 0 0 0 0 0 0 Sampling of Tobacco Products 0 0 0 0 0 0 0 0 0 Total Points 0 0 0 0 I) 1 0, 0 S
AMERICAN LUNG ASSOCIATION IN CALIFORNIA The American Lung Association in California established local tobacco control grades in three categories that it believes reflect where local action is needed and where the greatest public health benefit can be derived. The bar is set high because tobacco remains the number one preventable cause of death in California and because experience shows that local action has been the cornerstone of the tobacco control movement and public health improvement. The three tobacco control policy grades that are assigned to each city and county are: (1) Smokefree Outdoor Air (2) Smokefree Housing (3) Reducing Sales oftobacco Products These three grades are then used to calculate an Overall Tobacco Control grade for each municipality. An fin/a" or flnot applicable" score is given to municipalities in which it is not possible to adopt a specific type of policy due to a complete lack of the entity that is being graded. For example, if a city or county doesn't have any stores that sell tobacco products, then the city is awarded an n/a as opposed to 0 points in the Reducing Sales oftobacco Products category, and the grading scales are adjusted accordingly. Below is a description of each of the grading categories, a summary of the relevant state laws and an explanation of the grade criteria. OVERAll TOBACCO CONTROL GRADE Description -The Overall Tobacco Control grade is a letter grade awarded to the municipality based on its grades in the three categories. Grade - To obtain the Overall Tobacco Control grade, the city or county is given point values for each of its grades in the three categories (Smokefree Outdoor Air, Smokefree Housing, Reducing Sales of Tobacco Products) as follows - A=4; B=3; C=2; D=l; and F=O. These point values are then added together for a total point value for the Overall Tobacco Control grade with a scale of: A (11-12); B (8-10); C (5-7); D (2-4); and F (0-1). SMOKEFREE OUTDOOR AIR Description - There is no doubt about the harmful health effects of secondhand smoke and this danger exists not just in indoor settings but in outdoor areas as well. Many recent scientific studies have demonstrated the negative health effects of secondhand smoke exposure in outdoor settings. To protect the health of their residents, many cities and counties have adopted local ordinances that restrict smoking in a variety of outdoor areas ranging from parks to sidewalks. State Law - California has some of the strongest laws in the nation to protect people from harmful secondhand smoke exposure. However, these state laws mostly focus on workplaces and other indoor areas and only a few laws restrict smoking in outdoor areas, such as those detailed below. Cities and counties have the explicit authority to go beyond state law and enact secondhand smoke restrictions in outdoor areas. Grade - The Smokefree Outdoor Air grade is based on the smoking restrictions adopted by local communities in five outdoor areas - (1) Dining Areas; (2) Entryways; (3) Public Events; (4) Recreation Areas; and (5) Service Areas. In the five outdoor areas, the city or county is given a point value between 0 and 4 based on the strength of their local ordinance. Bonus points are available for smoking restrictions in two additional outdoor areas: (1) sidewalks in commercial areas; and (2) worksites. These point values are then added together to calculate the overall Smokefree Outdoor Air grade using a scale of: A (18+); B (13-17); C (8-12); D (3-7); and F (0-2). American Lung Association in California State of Tobacco Control 2010 I www.lungusa.org/california 1-800-LUNG-USA
% AMERICAN LUNG ASSOCIATION. r IN CALIFORNIA Dining Areas Description - Restrictions on smoking in outdoor seating areas at restaurants and bars. State Law - Smoking is prohibited in indoor dining areas but there are no state law restrictions on smoking in outdoor dining areas. 4 - All outdoor dining areas at bars and restaurants are 100% smokefree 2 - Smoking restricted in outdoor dining areas but designated smoking areas allowed or exceptions made for certain types of bars and/or restaurants 0- No smoking restrictions in outdoor dining areas Entryways Description - Restrictions on smoking in places within a certain distance of doors, windows, and other openings into all enclosed areas where smoking is prohibited. State Law - Smoking is prohibited within 20 feet of entrances, exits, or operable windows of a public building, which includes state, county and city buildings. 4 - Smoking prohibited within 20 or more feet of entryways 3 - Smoking prohibited within 15-19 feet of entryways 2 - Smoking prohibited within some distance less than 15 feet of entryways or within an unspecified distance of entryways 0- No smoking restrictions for entryways Public Events Description - Smoking restrictions at events open to the public such as fairs, farmer's markets, parades, concerts and other similar events that take place on public property. State Law - There are no statewide restrictions on smoking in outdoor public events. 4 - All public events are 100% smokefree 3 - Smoking restricted at all public events, but designated smoking areas are permitted 2 - Smoking restricted at specific types of public events (such as in all farmer's markets), but not all public events 0- No restrictions on smoking at public events Recreation Areas Description - Smoking restrictions at parks, beaches, trails and other similar recreation areas. State Law - Smoking is prohibited within 25 feet of tot lots and playgrounds. 4 - All recreation areas are 100% smokefree 3 - Smoking restricted in all recreation areas, but designated smoking areas are permitted 2 - Smoking prohibited in some parks, beaches and trails but not all recreation areas 0- No smoking restrictions in recreation areas American Lung Association in California State oftobacco Control 2010 I www.lungusa.org/california 1-800-LUNG-USA
::I: AMERICAN LUNG ASSOCIATION I IN CALIFORNIA Service Areas Description - Smoking restrictions in outdoor locations where people stand or wait for services including ATM lines, public transit stops, taxi stands and ticket lines. State Law - There are no statewide restrictions on smoking in service areas. 4 - Smoking restricted at all service areas 2 - Smoking restricted at some types of service areas (such as at bus stops) but not all service areas a - No restrictions on smoking in service areas Sidewalks in Commercial Areas Description - Smoking restrictions on sidewalks and other pedestrian walkways in commercial areas, such as downtown areas and outdoor shopping centers. State Law- There are no statewide restrictions on smoking on sidewalks in commercial areas. 1 bonus point - Smoking restricted on sidewalks or other pedestrian walkways within all commercial areas or within a specified commercial or downtown area Worksites Description - Smoking restrictions in outdoor places of employment, such as construction sites. State Law - There are no statewide restrictions on smoking in outdoor worksites. 1 bonus point - Smoking restricted for some or all outdoor worksites SMOI{EFREE HOUSING Description - While California has been a leader on protections from secondhand smoke, one area where people continue to be unprotected is in multi-unit housing. Secondhand smoke exposure in multi-unit housing is a serious health threat because secondhand smoke drifts into housing units from other units, balconies, patios and common areas. State Law - The only statewide smoking restriction in multi-unit housing is restricting smoking in indoor common areas (described below), but this restriction is a workplace protection, not intended to protect the health of tenants. Cities and counties are allowed to go beyond state law in enacting secondhand smoke restrictions for multi-unit housing. Grade - Cities and counties have taken a variety of approaches in passing local ordinances to try to address the problem of secondhand smoke in multi-unit housing. The overall Smokefree Housing grade is based on the grades for three of these types of smokefree housing policies - (1) Nonsmoking Units; (2) Nonsmoking Common Areas; and (3) Disclosure. For each of the three policies, the city or county is given a point value between a and 4 based on the strength of their local ordinance. Bonus points are available in two categories (1) Declaring Secondhand Smoke a Nuisance; and (2) Prohibiting Smoking in Housing Authority Multi-Unit Housing Units. These point values are then added together to calculate the overall Smokefree Housing grade using a scale of: A (11+); B (8-10); C (5-7); D (2-4); and F (0-1). American Lung Association in California State of Tobacco Control 2010 I www.lungusa.org/california 1-800-LUNG-USA
± AMERICAN LUNG ASSOCIATION I IN CALIFORNIA Nonsmoking Units Description - Prohibiting smoking within the units and on the patios and balconies of multi-unit housing units. State Law- There are no statewide restrictions on smoking in units of multi-unit housing. 4 - Requirements for 75-100% of multi-unit housing units to be declared nonsmoking 3 - Requirements for 50-74% of multi-unit housing units to be declared nonsmoking 2 - Requirements for 25-49% of multi-unit housing units to be declared nonsmoking 1-Requirements for multi-unit housing units to be declared nonsmoking only in new housing 0- No requirements for declaring multi-unit housing units nonsmoking or some percentage less than 25% required Nonsmoking Common Areas Description - Smoking restrictions in both indoor common areas, which include hallways, stairwells, laundry rooms and recreation rooms, and outdoor common areas, which include swimming pools, play areas, outdoor eating areas and courtyards of multi-unit housing. State Law - Smoking is prohibited in indoor common areas of apartments and condominiums if the areas are places of employment. These areas are places of employment if there is an employee who works on the property, such as an on-site property manager, security guard or maintenance worker. 4 - Smoking restricted in all indoor and outdoor common areas, including ordinances that allow for designated smoking areas in outdoor common areas 2 - Smoking restricted in all indoor common areas, but not outdoor common areas 0- No restrictions on smoking in common areas Disclosure Description - Requiring the landlords of apartments or the sellers of condominiums to disclose to potential tenants and potential buyers information about the smoking restrictions at the property. This information can include general smoking policies, whether the unit they are renting or selling is smoking or nonsmoking and the location of smoking and nonsmoking units. State Law - There are no statewide requirements for disclosure of smokefree housing policies. 4 - Requirements to disclose if the unit is smoking or nonsmoking and other information about the smoking policy for the property for both apartments and condominiums. Or 100% of the multi. unit housing units are declared nonsmoking so that disclosure of smoking units is not applicable. 3 - Requirements to disclose if the unit is smoking or nonsmoking and other information about the smoking policy for the property for either only apartments or only condominiums 0- No disclosure requirements for multi-unit housing Nuisance Description - Declaring involuntary exposure to secondhand smoke a nuisance, which allows members of the public to use nuisance abatement laws to stop the exposure. State Law- There is no statewide declaration that specifically declares secondhand smoke a nuisance. However, California law does declare anything that is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, a American Lung Association in California State of Tobacco Control 2010 I www.lungusa.org/california l-800-lung-usa
:I:: AMERICAN LUNG ASSOCIATION I IN CALIFORNIA nuisance. Under this definition it is possible to prove involuntary secondhand smoke as a nuisance, but specifically declaring that exposure as a nuisance lowers the burden of proof and makes it easier to stop that exposure. 1 bonus point - Secondhand smoke exposure is declared a nuisance throughout the city or declared a nuisance within a housing setting. Housing Authority Nonsmoking Units Description - Prohibiting smoking within the actual units, patios and balconies of multi-unit housing units that are under the control of the city or county Housing Authority, such as low-income, senior or migrant housing. These policies generally need to be approved by the City Council/Board of Supervisors. State Law - There are no statewide restrictions requiring nonsmoking for housing authorities. 1 bonus point - Smoking is prohibited within a certain percentage of units for some or all of the multiunit housing complexes under the control of the housing authority REDUCING SALES OF TOBACCO PRODUCTS Description - An important aspect of reducing the smoking prevalence rates in California is to reduce the availability and sales of tobacco products. This reduction in access to tobacco products can be done through requiring locations that sell tobacco products to meet certain requirements, through limiting where tobacco products can be sold, or through regulating the sampling of tobacco products. State Law - California has several statewide laws related to access to and sales of tobacco products that are described in the policy areas below. The state allows municipalities to go beyond state law in enacting restrictions in these policy areas. Grade - The Reducing Sales oftobacco Products grade is determined by the ordinances adopted by cities/counties in one area, Local Tobacco Retailer Licensing Ordinance. For this policy area, the city or county is given a point value between 0 and 4 based on the strength of their ordinance. Bonus points are available in three categories: (1) Sales of Tobacco Products near Schools and Parks; (2) Sales oftobacco Products in Pharmacies; and (3) Sampling of Tobacco Products. These point values are then added together to calculate the overall Reducing Sales oftobacco Products grade using a scale of: A (4+); B (3); C (2); 0 (1); and F (0). Local Tobacco Retailer Licensing Ordinance Description - Youth under the age of 18 are often able to purchase tobacco products at all types of retailers, ranging from convenience stores and gas stations to large chain grocery stores and pharmacies, even though it is illegal to sell tobacco products to minors. To combat this problem many cities and counties in California are passing ordinances that require tobacco retailers to obtain a license to sell tobacco products, which allows the municipalities to keep track of tobacco retailers, conduct enforcement activities to ensure compliance with state and local laws and penalize retailers who sell to minors. State Law -It is illegal in the state to sell or give tobacco products to anyone under the age of 18. There are laws in California to punish the business owner or the clerk when an illegal sale is made. Tobacco retailers are also required to obtain a state tobacco retailer license, which has generally been used to combat black market sales and tax evasion. American Lung Association in California State of Tobacco Control 2010 I www.lungusa.org/california 1-800-LUNG-USA
:I: AMERICAN LUNG ASSOCIATION I IN CALIFORNIA -In order for a local licensing ordinance to effectively reduce illegal sales to minors, it must contain four provisions: (1) requiring tobacco retailers to pay an annual fee that sufficiently covers administration and enforcement efforts, including compliance checks; (2) requirement that all retailers obtain a license to sell tobacco and renew it annually; (3) provision that any violation of a local, state or federal tobacco law is considered a violation of the license; and (4) financial deterrent through fines and penalties for violations that includes suspension and revocation of the license. Of these four provisions, it is essential that the licensing ordinance requires a sufficient fee that will cover the administration and enforcement of the license to ensure that these activities occur. A city/county can get credit for meeting the annual fee requirement if it uses other sustainable funding sources (such as funds from the Master Settlement Agreement) that are dedicated for administration and enforcement ofthe retailer license. The grade for Local Tobacco Retailer Licensing Ordinance is based on the provisions of the ordinance that a city or county has adopted with the following scale: 4 - Licensing ordinance with sufficient annual fee and the other 3 provisions outlined above 3 - Licensing ordinance with sufficient annual fee and 2 of the other 3 provisions outlined above 2 - Licensing ordinance with sufficient annual fee and 1 of the other 3 provisions outlined above 1- Licensing ordinance with sufficient annual fee and 0 of the other 3 provisions outlined above 0- No licensing ordinance or a licensing ordinance with no annual fee Sale oftobacco Products Near Schools and Parks Description - Cities and counties can restrict where tobacco retailers are located and can prohibit them from being located within a certain distance, such as within 1,000 feet, of schools and parks. This type of policy can be enacted in several ways including through conditional use permits, other zoning restrictions and local tobacco retailer licensing ordinances. By reducing the presence of tobacco retailers in locations where youth congregate, this type of policy can reduce sales of tobacco products to youth and assist with efforts to reduce youth smoking. State Law- There are no statewide laws restricting tobacco retailers from being within a certain distance of schools and parks. 1 bonus point - The city/county testricts businesses that sell tobacco from being located within a certain distance of schools and/or parks through a conditional use permit, other zoning restrictions or a local tobacco retailer licensing ordinance Sale oftobacco Products in Pharmacies Description - Cities and counties can restrict sales of tobacco products at pharmacies. Pharmacies are traditionally places where people go to purchase products to get healthy or improve their health. The availability oftobacco products at pharmacies associates them with other healthy products and with the general health focus of these stores. Selling tobacco at pharmacies is contrary to a pharmacy's purpose and sends a mixed message to consumers and youth. State Law- There is no statewide law that restricts pharmacies from selling tobacco products. Pharmacies that elect to sell tobacco products, like all other types of tobacco retailers, must obtain a statewide tobacco retailer license. 1 bonus point - Tobacco products are prohibited from being sold at all pharmacies or at certain types of pharmacies in the city/county American Lung Association in California State oftobacco Control 2010 I www.lungusa.org/california 1-800-LUNG-USA
± AMERICAN LUNG ASSOCIATION I IN CALIFORNIA Sampling oftobacco Products Description - Giving away free tobacco products or providing these products at a greatly reduced cost is a tool that tobacco companies use to gain new customers and keep current customers addicted to new types of products. Restricting this sampling can make it harder for tobacco companies to addict new users and can help to reduce prevalence rates for using tobacco products. State Law - The sampling of tobacco products is restricted by federal law, state law and the Master Settlement Agreement. The strongest restrictions are in the federal law, which prohibits all free samples of cigarettes, cigars and other tobacco products (such as little cigars and hookah). Federal law bans free samples of smokeless tobacco products in most places, but allows sampling in qualified adult-only facilities. State law bans the nominal-cost distribution of cigarettes or smokeless tobacco products on public grounds or private grounds open to the public, but allows exemptions for adult only facilities. This law includes coupons, coupon offers, rebate offers, gift certificates/cards and other similar offers in this prohibition. 1 bonus point - The city/county has adopted an ordinance that goes beyond the state and federal restrictions on sampling, such as banning the sampling of all tobacco products or restricting the nominal-cost distribution of cigarettes and tobacco products GRADE SCALE Below is a quick reference for the point scale for the four letter grades received by each city and county. Overall Tobacco Control Grade A: 11-12 points B: 8-10 points c: 5-7 points D: 2-4 points F: 0-1 points Smokefree Outdoor Air Grade A: 18+ points B: 13-17 points c: 8-12 points D: 3-7 points F: 0-2 points Smokefree Housing Grade A: 11+ points B: 8-10 points c: 5-7 points D: 2-4 points F: 0-1 points Reducing Sales of Tobacco Products Grade A: 4+ points B: 3 points c: 2 points D: 1 point F: 0 points American Lung Association in California State of Tobacco Control 2010 I www.lungusa.org/california 1-800-LUNG-USA