STORES NEED LICENSES FOR TOBACCO SALES

Permits attack youth smoking

Vowing to snuff out youth smoking, San Mateo County supervisors Tuesday
created California's first tobacco license for merchants, who now face
fines or having their permits yanked for selling cigarettes to minors.

The supervisors' 4-0 vote to adopt the measure, which will take effect
Sept. 1, was roundly criticized by supermarket chains and mom-and-pop
shops, which argued that more than legislation is needed to combat illegal
cigarette sales.

Youth smoking increasing

Despite youth education campaigns and sting operations targeting illegal
sales, youth smoking is increasing. A third of the county's 11th-graders
smoke -- nearly half of those regularly. A recent national study showed
tobacco use among teenagers jumped by nearly one-third -- from 27.5 percent
to 36.4 percent -- in the past six years.

Health advocates said recent surveys show that county youths under the
legal age of 18 can buy cigarettes as much as 41 percent of the time in
some communities. Joseph Granata, a Foster City teenager, testified that
during a student undercover survey, store clerks frequently sold him
cigarettes -- even after he displayed identification showing he was 16
years old.

``In spite of all of our efforts . . . it isn't working,'' said board
President Tom Huening. ``We think this ordinance is a substantial incentive
(for retailers) to do the right thing.''

Supervisor Ruben Barrales abstained from the vote, saying that while he
supported combating teen smoking, he felt the penalties were too harsh on
retailers, especially small shops.

The law requires stores to pay $25 to obtain a tobacco sales permit to be
renewed every five years. The first time a store illegally sells
cigarettes, rolling papers or other tobacco products to someone under 18,
county health officials can suspend the store's tobacco license for 30
days. The health director can waive the first suspension, however, if the
company gives its staff training in tobacco sales law within a month of the
violation.

On the second violation within a year, the suspension is 90 days, and a
third violation triggers a suspension up to one year. A retailer caught
selling tobacco products without a permit faces a $100 fine for the first
violation, $200 for the second and $500 for the third.

While the county ordinance will affect tobacco sales in unincorporated
communities only, San Mateo City Councilman Jerry Hill said he will
introduce a matching ordinance to his city council May 6. He also plans to
write every city council member in the county, urging them to pass the law.

Business people protested

Several business people marched to the podium Tuesday, protesting what they
considered severe economic burdens on retailers striving to obey the law or
clerks who could make a few honest mistakes among thousands of annual
sales.

``We believe responsible retailers should not be penalized for the actions
of a few,'' said Beth Beeman, vice president of the California Grocers
Association. She advocated an escalating series of fines for each
violation, while allowing retailers one-time penalty exemptions for
adopting positive measures such as requiring proof of age for anyone who
appears to be under 30 or providing staff training.

Retailers also lobbied for tougher enforcement of state laws against
youngsters caught with illegal tobacco and penalties against individual
store clerks who break the law.

But Councilman Hill said punishing clerks instead of holding employers
responsible is simply ``looking for a scapegoat.''

``You don't have to worry about this ordinance, if your employees are
trained properly,'' he said.