A NEW TACK IN WAR ON TEEN SMOKING

County will require license to sell tobacco

Vowing to snuff out illegal cigarette sales, San Mateo County supervisors
on Tuesday introduced a merchants' tobacco license that could be revoked
for selling to minors.

Noting that nearly 90 percent of tobacco users start in their teens, board
president Tom Huening said: ``We know, and the tobacco companies know, that
teenagers are the name of the game. If a person does not begin smoking in
their teen years, they probably will never start.''

The 5-0 board vote was lauded as landmark legislation by anti-smoking
advocates. The ordinance, which also authorizes county officials to cite
smoking in bars, will require a second vote at the Feb. 24 board meeting.
It will take effect June 1.

Any store violating the state law prohibiting tobacco sales to people under
age 18 would be stripped of their license to sell tobacco. Unlicensed
stores caught selling tobacco would face a $100 fine for the first
violation, $200 for a second violation and $500 for three or more
violations.

``When we hit (merchants) in the pocket, they understand that this is not
allowed and we will not take it,'' said Phelicia Jones, project coordinator
for the American Lung Association's Tobacco Free San Mateo County campaign.

Since the county ordinance would only address unincorporated communities,
Huening is urging every city in the county to pass similar laws. San Mateo
City Councilman Jerry Hill and Belmont Councilwoman Adele Della Santina
said they plan to introduce similar ordinances in their cities.

Supervisors Ruben Barrales and Rich Gordon raised concerns that the new
permit could place one more financial burden on small, law-abiding
merchants. County Counsel Tom Casey said the permit fee would only be about
$20, covering administration costs. While the ordinance currently mandates
renewal every two years, Barrales suggested a one-time payment to ease the
impact.

The number of stores in the county selling tobacco to minors has been
dramatically curtailed in recent years by sting operations and merchant
education campaigns. But supervisors agreed on the need to get tough with
those few merchants flouting the law.

``In San Mateo County, we are losing the battle with teen smoking,'' Gordon
said.

Recent surveys show teen smoking is on the rise. One-third of the county's
11th graders smoke -- nearly half of those on a regular basis. And more
than three million American youngsters smoke nearly 1 billion cigarette
packs annually.

While County Health Director Margaret Taylor supported the tobacco permit,
she told the board ``education still remains the best possible way to
change people's smoking habits.''

The county is sponsoring a Terminate Teen Tobacco education campaign, using
its $127,000 portion of the R.J. Reynolds Tobacco Company's $9.1 million
settlement with California cities. The settlement ended a lawsuit against
the tobacco giant for using the Joe Camel cartoon character to lure young
smokers.

Anti-tobacco advocates said they've had success educating merchants about
obeying tobacco sales laws.

Sting operations in 1995 showed 60 percent of Redwood City merchants and 99
percent of East Palo Alto stores selling to minors, said Karen Licavoli, an
executive with the American Lung Association of San Francisco and San Mateo
counties. But after intensive merchant education campaigns, a January sting
found only 20 percent of Redwood City stores breaking the law and an
October 1997 sting found 33 percent of East Palo Alto sales making illegal
sales.

The problem, Licavoli said, is ``repeat offenders'' who have high employee
turnover and fail to train workers about the laws. The studies really show
that enforcement is the key to stopping law-breakers, he said.