Tanya Bustamante, MPH

Public Health Division

Health, Housing & Community Services Department

May 12, 2015

Public Health Division

January 2003 - Tobacco Retailer Licensing Ordinance took effect

A Tobacco Retail License (TRL) is needed to sell tobacco products

License must be renewed each year

2

Public Health Division

May 2014: Smoke-Free Multi-Unit Housing

September 2014: Use of E-cigarettes Prohibited

October 2014: Tobacco – Free Pharmacies

3

Public Health Division

2010: Revise zoning ordinance to ban tobacco sales within 1000 feet of schools, parks, churches, and childcare facilities

Feb. 2014: Ban sales of flavored tobacco products within 500 feet of schools

Sept. 2014: Ban sales of all tobacco products within 1000 feet of schools

4

Public Health Division

1. Tobacco Retail License (TRL) required

for sale of Electronic Nicotine Delivery

Systems (ENDS)

2. Prohibit sales of ALL tobacco products within 1000 feet of K-12 schools and public parks

3. Provision of a 1 to 2 year “grace period” for retailers

5

Public Health Division

Smoking is “fundamentally a pediatric disease”

86% of flavored tobacco products in Berkeley are sold within 1000 feet of schools

6

Public Health Division

0 5 10 15 20

12th Graders

10th Graders

8th Graders

E-Cigarettes

Tobacco Cigarettes

7

Public Health Division

Sells tobacco products

Current TRL holder

Continues to obtain

annual TRL

Sells e-products DOES NOT SELL

conventional tobacco products No current TRL

Obtain TRL by

January 1, 2016

8

Retail Store A

Retail Store B

Public Health Division

Sells tobacco products

Current TRL holder

CANNOT sell tobacco products effective January 1, 2016

Sells e-products

DOES NOT SELL conventional tobacco products

No current TRL

CANNOT sell tobacco

products effective

January 1, 2016

9

Retail Store Y

Retail Store Z

Public Health Division 10

63 retailers inside buffer zone (75%)

Public Health Division

1-time, 1-year license or license renewal ◦ Type of business, OR

◦ Gross receipts

Second, 1-time, 1-year license renewal ◦ Type of business, AND

◦ Lease term

Refer to ordinance for the specifics

11

Public Health Division

Require a license to sell ENDS and all tobacco products

Prohibit sale of ALL tobacco products (including ENDS) within 1000 foot buffer zone

Provide a 1 to 2 year “grace period” for retailers

12

Public Health Division 13

Public Health Division 14

48 retailers inside buffer zone (57%)

Public Health Division 15

31 retailers inside buffer zone (37%)

Public Health Division 16

23 retailers inside buffer zone (27%)

Public Health Division 17

Option to apply

by Oct. 30, 2015

for 1-year

license or license

renewal thru

Dec. 31, 2016

IF retailer is:

gasoline/automobile fuel

station, smoke shop, alcoholic

beverage sales, food products

stores, gift/novelty shop, retail

products store -Stationery,

Cards and Paper Goods, and

retail products store – variety ;

Can establish that the

sale of tobacco

products accounts for

more than 25% of its

gross receipts in

calendar year 2014

OR

Public Health Division 18

AND

IF retailer received license or license renewal previous year (calendar year 2016), AND

Currently in long-term lease entered into prior to March 1, 2015 with

no right to early termination

Option to apply by October 31, 2016 for

additional 1-year renewal thru December

31, 2017

Meets definition of smoke shop or

lawfully selling ENDS prior to March 1,

2015