CURRY COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ROUTING SLIP FORM 10-001.1 Revision 3-22-2018 PART I-SUBMITTING DEPARTMENT: RETURN TO BOC [email protected] PROPOSED AGENDA ITEM TITLE: CCH tobacco business license TIMELY FILED Yes~ No 0 If No, justification to include with next BOC Meeting AGENDA DATEa: , 10/10/2618 DEPARTMENT: (aSubmit by 9AM five days prior to the next General Meeting (six days if a holiday falls within that five day period)) RECOMMENDED AGENDA CATEGORY DISCUSSION ONLY MEMO ATTACHED Yes 181 No D If no memo, explain: CONTACT PERSON: Clark Schroeder TODAY'S DATE: 10/4/2018 BRIEF BACKGROUND OR NOTE: Brooklyn Wease is the Tobacco Prevention and education program coordinator at Curry Community Health. She is going to discuss the idea of a tobacco business license for Curry County FILES ATTACHED: (1) Ms. Wease handouts (2) (3) INSTRUCTIONS ONCE SIGNED: ~ No Additional Activity Required OR D File with County Clerk Name: DSend Printed Copy to: Address: DEmail a Digital Copy to: City/State/Zip: DOther Phone: Note: Most signed documents are filed/recorded with the Clerk per standard process. PART II - COUNTY ADMINISTRATOR REVIEW 181 APPROVED FOR BOC MEETING O Not Approved for BOC Agenda because ASSIGNED TO: DISCUSSION ONLY I Tobacco Retail Licensing An Effective Tool for Protecting and Promoting Public Health What is Tobacco Retail Licensing? A tobacco retail license (!!il) is an effective tool used by communities to ensure retailers comply with safe and responsible-- tobacco retail practices, much like a liquor or cannabis license. TRL is a way to regulate businesses by ~ quiring all tobacco retaile, s to obtain a license in exchan g_e for th~ vilei;\£,f selling tobacco products. This provides for improved public health and safety by reducing youth access ~ obacco and ensuring that businesses comply with local, state, and federal tobacco laws. In Oregon, there is no state-wide tobacco retail license requirement for selling tobacco products. However,- several counti~ in Oregon are passin~ their own !Q bacco retail licensing ~ dinan£_es . - Elemen- ts of IBL; ~ The fees for a local TRL ordinance would be calculated based on the approximate cost of administration, monitoring, and enforcement, balanced with the number of tobacco retailers within the jurisdiction. For a list of potentia'16ffi's\see ~ \,\ow .,y\e..~'\ Mt. ~ C..'1<<'\ (e"4 '? Administration. Monitoring, and Enforcement: Specific agencies would be chosen to be responsible for th e administration, monitoring, an d enforcement of TRL. This should be based on which agencies would be best suited for and have the means to adequately perform the specified tasks of administration, monitoring, and enforcement. Penalties: Discretionary 2.1" rri andatory, these penalties could include fines, license suspension, or license revocation. Additional options for TRL: A tobacco retail license can provide an ~ portunit) for tobacco retaile':.:..to receive training as part of licensure. TRL can also include additional poliSY plug-ins (seee{lpend,x]lwhich can help reduce the negative public health impact of tobacco, such as prohib iting tobacco retailers nw locations frequented by children (e.g. k-12 scho,Q) s), requiring a minimum distance between tobacco retailers, or banni~ the :!le of flavored tobacco product s. What's being done in other counties in Oregon? The following comes from a survey (seee:ndix <j ot nine jurisdictions in Oregon(~ , Benton ~ y, Central Point, Corvallis, Eugene, Philomath, Salem, Silverton, and ~ ingfiajs!) which have ~ enacted local TRL ordinances: r\c,~ W\'~'\ Jlrt-~•~'f• ~~\\enf '1-JV\l •.Ua.d. f~ ( 1 ('~o)~.11$ • Fees: The fees of the nine jurisdictions ranged from $10 annually to a ~73 d9 initial fe,e and ~ ____.. ~ renewal. With an approximated $85 cost------ per retail inspection, none- of the jurisdictions' fees were e--.!:!2ugh to cover the recommended- 2 i,U; pections ~ r. -- Administration, Monitoring, and Enforcement: ~ dictions ~ @iliigleilto administer, ~ r, ~ ~ e ~ because off!!!ae qua!Jadministration~ ~ a ~ seecificj!y i!J regan1s t,;> ageng res ponsibifily. 4' i't.t~ ..\-o ~"'cct•~ .Sao~ . ,,,~qtA ,.,"~"""·~~ •""'b' 4~~n \"'°'"c"+~•" ~ ~~u.-..5d (~~'1 o\vlf&J~~) Ce~ -h t.of\~v""'fM E'>t~~r\!: \oo'\\U \o~\\ ,cA,tt'I\ - V\"'~t t~ 1 Penalties: Most jurisdictions have a standard, graduated penalty structure which imposes a monetary fine for the first violation and possible license suspension occurring after repeat violations within the "look-back" period (typically 2 years). Klamath and Multnomah Counties have also enacted a local TRI prdinance (seef pp; ndix D] Curry County ~ Tobacco Use: According to the Oregon Health Authority's 2017 Healthy Teens Survey, !.. 7.4% of 11th graders in Curry County smoked a cigarette (including menthol) in the past 30 days. • 12.5% of 11th graders in Curry County used any tobacco (including vaping products) in the past - 30 days. • 50.6% of 11th graders in Curry County had seen an advertisement promoting tobacco or a vaping - product in a storefront or store in the past 30 days . TRL in Curry Count'£: Like other jurisdictions in Oregon, Curry Cpugty can join the ~ to reduce the negative public heal!_h S£nseguegces o.,! tobacco use. A tobacco retail license in Curry County can help P-rotect and~ ~ e health of the community, promote com pliance with 12£il l, ~ ' and U:9eral laws related to the tobacco retail environment, and reduce youth access to tobacco. 2 Appendix A Buageting for a Local obacco Retailer License Fee in California A Checklist for Cities and Counties Tlte effect,vcncss cf a y iOCJI Ca11forn1J tooacco retailer license ( RL) ordinance depends iilrgely en ('nforccment. The bill y to hmd mplem('ntatton and enforcement is Urns Important to com mun1 ,es. ntcr('sted In adopting a TRL ordinance. Chan<;1e ab Solutions has developed a TRL ree CdlCul-,tor to nelp ,c,es ano counties de ermine an approprl.Jle fee hat JdC!'quatel•; supports the costs assoefated wftll ,mplerr.enting ,md en ore mg a TRL system. his ee ca lc11lator 1s iJVallabl at: ww.cnan9elsbr;o/u1/ons.orq/ cco-conl ror/trl ·f ee ·r:alculator: Tills clleckll!.t has been preparnd to be used In con1unctlon with thl! TRL fee calculator thOuqh lt rnn also be used sep,3,rately as a re erence without using the calculator. It Is. dcs1qneo to llclp 1umdlct1ons h,n~ through all the costs assoc1a eel w,th a TRL ordinance. including staff ana non-staff costs (the la tter refcrrlng to costs suctl a.s fuel/ mileage, sapplll!s, overhead, etc.). hrs checklist s based on Change l ab So lutions.' lcaal analysis o perm,ss10,c costs that mily be recoupcel from a TRL fee. The 11st of tasks and budg~t line llems i>e.low snot meant lo be elhaust,vc. Each Jt.1rlsd1ctlon may have different costs associated v,lth lmplemen at1on and 1mforcemont. Tilsk / Budqet Line Item I Type of Cost Comments £STABLISH, MAJNTAIN, AND ADMINISTER TRL SVSTEM r, gurc out , ·.,stem for Staff This ma•f nc lude the following: 2 ~u1n9 license~ • rlgur ng out Yhat dcpar mcnt and wll,ch staff ~ responsible for rcJch,n out t.o lhe ,s commun1Ly, illld whict, Clcpartment ,md wh,ch s a will ~ ponsib_Jt for iss\/J.P g r('nev.1ng/maiiiT.;n,n g hccnscs . • rt"gunng out how to coo~ bi:- tween aepa~ and staff. • F'lguring out Yhlch alvtslon or subdlv son wlthfn a department is responsible for tl'lc abo'le. 2 ,Compile! and rn.aj ntaJn list 2,1 Staff This mav lncludl' the following: pot ntial tobacco reta1ie!,s. • 'i2,J labo~ with the California Board ol EQuallzatlon (BO[) to obLlin a list of tobacco ret ailers. - • Checkm,9. the list from the 2 to see which cstab!Jshmgrus need a locgt TRL. This lnctudes cl'ctemiiri'ing ~establliflmerml rom the Bo t list 3re wltTirn •,ou~ Jurisdic tJ!ln ilnd ~ompa~ q t'Tie aotlist v,tith ¥,Our o,:!!.n locill ijslj>I fcioai:co retailers. - • Conducting onllne~ {e.g., GOO!]lfl, 'lelp) to com lete a~eensiVll 5.eilrch of e_otentlal tooacco retailers that re ulre a ocal . a Determin1----- g,g ~-- establi.!;hments ~ ..... er.;xcepti~ , if ilnv. • ~ ning pe.!!Q dlc repog s or ~ son exis ting tobacco retailers. changelabsolut,ons.org Juno 2014 3 Establish Jncl ma1nta1n Sta( • This Is. the tcchnolo9'( co~t rclJted to cstabl1 . hJ.t.l g Jnd (!)airltdlillDQ an electronic d ed rcn1c d3 all,%c !or TRL dJld \h]!j(;. f hl!a. mayrncludc l1me/C05 s pent [D C5tJbll511 J databa~C from ~istcm -\\tN~• '? scrJtch or Incorporate into the 1umdtc 1on·s, ex ist ng databas.e or other types of licenses: and costs assoc.latl?d with ~ystMi updates or Im rovemcnt s. • he dJtilbq;c shauld nave tl'le )l lld,ltJ ~ ~ r r~ s ~ d all v101a t.!.9.!ls ~ r ach rtl,lllcr. ~ -----= Non starr The dty/county may outsource t!lls ta s;: instcaa or u~1ng its own employees.. In ~ that casl!, an ilmount can be budgeted unaer t1i1s lfnc Hl!'m (non·s.ta costs). 1---+--...-----------i-.'We»uu 4 C Proactiygly ~ the Staff ibis may mcludc the following: business community s that,. • Qllllng tiui;mcsl,g:; ano/orcommer'l'.e/ traol? groups, arn aware of the ffitl, 1ID. • E·malllag b.u slne~ and/or commerce/trade groups ([ncluding drafting, the ordinance (e.g., cffcctsve e· mall and attachments. if any). ~ . requirements, f~s/ penalties.) - • ~ending US Postal mail to businesses and/or commerce/trade groups (lncludlng raftfng letters or five.rs}. - • Attendmg communltv meetln s or meet.In-gs hosted by commerce/trade grou:ps <'!iiclmliiig rn tlng e ers or yers).