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Home My WebLink About2010/03/02 Item 7RECElVE4~ ~~~~~ Councilmembers Steve Castaneda and Mitch Thompson City Of Chula Vista comp ~f 276 Fourth Avenue '10 ~ 22 P 3 :06 Chula Vista, Ca 91910 ~ ~ ~ O CITY OF 619.691.5044 - 619.476.5379 Fax CHULA VISTA CITY OF CHULA VLSI ;°: GTY GLERK'S OFFi.:- DATE: Monday, February 22, zolo TO: Mayor and City Councilmembers FROM: Councilmembers Steve Casta a and Mitch ho pson CC: City Manager, City Attorney, City Clerk, Police Chief RE: January 5, 2oio Referral - Tobacco Sales in Chula Vista On January 5, 2010, the City Council unanimously tasked us to work with City Staff on options for increased City enforcement authority over retailers who repeatedly sell tobacco products to minors. Please see the history of our research attached. Given the findings of our research, stakeholder meetings and our well attended public meeting, it is our recommendation that the Chula Vista City Council direct the City Attorney and City Manager to draft an ordinance to create a local tobacco products licensing program for all retailers in the City of Chula Vista, which should include the following program features: Annual Fees of $150 - $300 per retailer to be paid concurrent with the business license renewal. The first fee shall be paid at the time of the business license renewal, retroactive to the date of enactment of the ordinance. Final fee amount should be based on an estimate of first year program costs. According to the CA Board of Equalization, the average fee among the 63 CA municipalities with similar local licensing programs is $200-$300 annually. 2. Fee and penalty revenue to be specifically designated to fund operations and enforcement. 3. Penalties and fines should be graduated with the first offense penalized less severely and increasing penalties for subsequent offenses. Penalties for multiple offenses should include suspension of product sales fora specified period of time and possibly revocation of the license to sell tobacco products in Chula Vista. 4. Full Cost Recovery for any direct or indirect costs to the City of Chula Vista to conduct the program, which might include but are not limited to Chula Vista Police Department monitoring and enforcement. 5. Modification of Chula Vista's existing ordinance to prohibit sales of single use tobacco products, such as individual Black and Mild, blunts and similar products and blunt wrapping papers. 7-1 ~~~r, :I.~.: .~__.__ CIN OF CHULA VISTA February 22, 2010 City of Chula Vista Public Safety Subcommittee Report on Tobacco Sales to Minors SUMMARY On January 5, 2010, the City Council unanimously authorized the Council Subcommittee with members Castaneda and Thompson to work with City Staff to investigate options for increased City enforcement authority over retailers who. repeatedly sell tobacco products to minors. Since then, our offices have worked expeditiously and in close collaboration to analyze the issue in depth, including the following: Facilitated more than 20 meetings with community members and stake holders Reviewed more than 50 local, state and national reports with key data related to the issue of "tobacco sales to minors" Performed quantitative and qualitative review and analysis of information, including data verification, and Held key discussions with state and local officials regarding policy and enforcement, including our local Chula Vista Police Department. Based on the foregoing, we have concluded that it is appropriate for the City of Chula Vista to consider a local ordinance and program to reduce the availability of tobacco products to Chula Vista's children. This report contains several recommendations for the establishment of a local ordinance and program consideration by the City Council. CHRONOLOGY & DISCUSSION The following is a chronology of the activities undertaken during our research and highlights key findings that have culminated in the development of the proposed recommendations listed at the end of this report. On January 13, 2010, we met with the City Attorney and the Chula Vista Police Department to discuss current policy and options for enhancement. On January 19, 2010, we met with representatives of the Neighborhood Market Association (NMA) and solicited their input on the topic. Local retailers appear to want to work with us on this to ensure that sales to minors are eliminated and that penalties are reasonable and not excessively punitive. On January 20, 2010, we met with represen~at~ves of The Palavra Tree, Inc., the Institute for Public Strategies, the Tobacco Free Commune ies Coalition, Border Initiatives, the County of San Diego, the American Lung Association, the American Cancer Society, the City Attorney and the Police Department and solicited their input on the topic. Additionally, we undertook extensive research and identified key local and statewide data that has been instrumental in helping us understand the full breadth of the problem. On February 2, 2010, we met with a Councilmember from the City of EI Cajon to ask about his City Council's experiences in their pursuit of increased enforcement over retailers who repeatedly sell tobacco products to minors. On the same day, we again met with representatives of the NMA to further discuss their members' concerns and ideas on this topic. On February 3, 2010, the Public Safety Subcommittee met in Council Chambers to solicit public comment, suggestions and other input regarding increasing City enforcement authority in this area. The meeting was attended by approximately 100 people concerned about this issue. All speakers expressed the position that `No Chula Vista retailers should be selling tobacco products to minors'. On February 5, 2010, we met with CA State Senator Alex Padilla (Van Nuys) to discuss state licensing and enforcement over retailers who repeatedly sell tobacco products to minors. The Senator stated that the California Cigarette & Tobacco Products Licensing Act of 2003 ("CCTPLA"), administered by the CA State Board of Equalization, was drafted to prevent smuggling and black market cigarettes and to enforce collection of tobacco taxes. According to Padilla, it does little to address the sale of tobacco to minors in California. The CA Department of Public Health ("CA-DPH") is the state agency responsible for enforcing the prohibition of cigarette sales to minors. The CA-DPH is underfunded, employs only 11 decoys statewide and can only do compliance checks in about 3% of stores that sell tobacco each year. To provoke state enforcement action, state law requires that a minimum of 13% of all CA licensed tobacco retailers sell tobacco products to minors. Since no youth purchase surveys are conducted, there has been no enforcement of the prohibition to sell to minors. In fact, no state tobacco retailer licenses have been suspended or revoked to date because of sales of tobacco products to minors. The State of California does not reimburse cities for expenditures to enforce state law prohibiting such sales. Senator Padilla explained that the only way that municipalities can effectively address the problem of illegal sales of tobacco products to minors is for cities to enact their own local licensing program. Without such a local program, cities would have to rely on their general funds for any enforcement activity. Cash strapped cities, such as Chula Vista, simply do not have the funds to enforce this law. SB 624 (Padilla) 2007 allows cities across California to charge fees for local tobacco retailer licensing, and to conduct enforcement activities and assess penalties for violations. On February 9, 2010, we met with the director of The Palavra Tree, Inc. to gain a more detailed understanding of their survey processes and procedures and to discuss their youth purchase survey work in neighboring .jurisdictions, Lemon Grove (83.3%), National City (76.9%) and Escondido (82.7%). According to a December 16, 2009 County of San Diego Department of Health and Human Services, Tobacco Control Resource Program Report, 73.9% of Chula Vista state licensed tobacco retailers illegally sold tobacco products to minors. All types of state licensed stores were willing to sell tobacco products to minors. Most problematic was the high rates of illegal sales at gasoline stations (73%), liquor stores (76%) and convenience stores (81% without gasoline sales and 100% with gasoline salgs)g According to the survey, only 2% of minors were questioned by Chula Vista sales clerks when attempting to buy tobacco products. None were asked to show identification. The report continues that, "attempts to curb sales to minors in San Diego County began almost two decades ago when a 1990 survey found illegal sales rates countywide of 68%. Subsequent retailer education has some success in reducing the rate. Some California cities, including EI Cajon, have dramatically reduced the incidence of sales to minors by implementing regular law enforcement sting operations, funded by tobacco retailer licensing programs." "It appears that youth in Chula Vista would greatly benefit from such a program," the report maintained. "Retail tobacco sales produce lucrative revenue for stores in Chula Vista. The threat of losing a tobacco retail license and the privilege of selling tobacco may be the only effective deterrent in controlling retailers' illegal behavior," the report concluded. RECOMMENDATION We have considered all proposals to increase the City's enforcement authority and have studied ideas from municipalities throughout California, in an effort to analyze and consider which options have the most applicability and promise for our City. Given the findings of our research, interviews, stakeholder meetings and our well-attended public meeting, we have determined that the residents of our City would greatly benefit from implementing a local tobacco licensing program. It is therefore our recommendation that the Chula Vista City Council direct the City Attorney to draft an ordinance to create a local tobacco products licensing program for all retailers in the City of Chula Vista, which should include the following program features: 1. Annual Fees of $150 - $300 per retailer to be paid concurrent with the business license renewal. The first fee shall be paid at the time of the business license renewal, retroactive to the date of enactment of the ordinance. Final fee amount should be based on an estimate of first year program costs. According to the CA Board of Equalization, the average fee among the 63 CA municipalities with similar local licensing programs is $200-$300 annually. 2. Fee and penalty revenue to be specifically designated to fund operations and enforcement. 3. Penalties and fines should be graduated with the first offense penalized less severely and increasing penalties for subsequent offenses. Penalties for multiple offenses should include suspension of product sales for a specified period of time and possibly revocation of the license to sell tobacco products in Chula Vista. 4. Full Cost Recovery for any direct or indirect costs to the City of Chula Vista to conduct the program, which might include, but are not limited to, Chula Vista Police Department monitoring and enforcement. 5. Modification of Chula Vista's existing ordinance to prohibit sales of single use tobacco products, such as individual Black and Mild, blunts and similar products and blunt wrapping papers. 7-4 REVISED REPORT Illegal Tobacco Sales Results of Baseline Xouth Purchase Surveys of 342 Tobacco Retailers in Lemon Grove, Santee, Escondido & Chula Vista Lead Agency The Palavra Tree, Inc. Funded by County of San Diego Department of Health and Human Services, Tobacco Contro] Resource Program Report Prepared by Mazianne Brown, MPH Evaluation Consultant Submitted on December 16, ?009 I. Description of Data Collection A. Se]ection of Stores Lists of tobacco retailers were received from the state Board of Equalization office that tracts tobacco retailers via a state licensing program. Lemon Grove. The Lemon Grove list contained 26 retail establishments; one bar was eliminated from the original sample, leaving 24 tobacco retai]ers. Eight different types of retailers sold tobacco products. StoreType: ~ Frequency Percent gas station only 2 6.3 convenience store with gas 8 33.3 independent market 2 6.3 supermarket 1 42 liquor 5 20.8 discount 3 12.5 drug/pharmacy 2 8.3 other -smoke shop 1 4.2 Total 24 100.0 National City. The National City list contained 67 retail establishments; one club was eliminated from the original sample, leaving 66 tobacco retailers. Nine different types of retailers sold tobacco products. Store Type:. Frequency Percent gas station 3 4.5 convenience store with gas 3 4.5 convenience store without gas 9 13.6 independent market 25 37.9 supermarket 2 3.0 liquor store 9 13.6 discount store 6 9.1 dmg store/phannacy 3 4.5 other 6 9.1 Total 66 100.0 Escondido. The Escondido list contained li5 retail establishments; two locations were eliminated from the data set (one did not sell tobacco and other was deemed unsafe), leaving 1.i3 tobacco retailers for assessment. Ten different types of retailers sold tobacco products. Store Type Frequency Percent gas station 8 6.0 convenience store with gas 75 11.3 convenience store without gas 13 9.8 independent market 29 21.7 supermarket 12 9.0 liquor store 13 9.8 discount store 9 6.8 drug store/pharmacy 12 9.0 Deli/meat/produce 3 2.3 Smoke shop/cigarette stores 7 5.3 other 12 9.0 Total 133 100.0 Chula Vista. The Chula Vista list contained 135 retail establishments; 161ocations that did not sell tobacco were eliminated from the data set, leaving 119 tobacco retailers for assessment. Nine different types of retailers sold tobacco products. StoreType Frequency. Pereent gas station 22 18:5 convenience store with gas 3 2.5 convenience store without gas 21 17.5 independent market 14 11.8 supermarket 11 9.2 liquor store 21 17.6 discount store 12 1 D.1 drug store/pharmacy 9 7.6 other 6 5.0 Total 119 100.0 B. Data Collection Prior to the youth purchase survey, local law enforcement was notified and a letter inanting minor volunteers (decoys) immunity from prosecution was obtained from the San Diego District Attorney's office. Youth volunteers received cash or incentives (e.g., music store gift certificates) equivalent to about $ I 0 per hour of work for their time and effort. The same protocol was used in all purchase attempts to enhance data reliability. After adult the volunteer drove youth to the stores, minors entered the stores and asked store clerks for tobacco products (usually a pack of Black & Mild cigazs or blunts). If the clerk asked for identification and the youth had one, it was presented to the clerk. If the youth did not have an ID, he or she stated so. Lemon Grove. Surveys were conducted on three dates in July and September 2008 after school during the hours of 3:00 - 4:30 p.m. Two minors, both boys, ages 14-15, conducted a1124 surveys, under the supervision of a senior staff member. National City. Surveys were conducted on five dates in September 4-16, 2008 during after school hours. Five minors, all boys, ages 14-16, all participated in the activity; however, two youth conducted the bulk (91 %) of the surveys. All minors were under the supervision of a senior staff member. Escondido. Surveys were conducted on three dates in October I1-22, 2008 after school. Four minors, all boys, ages 14-16, conducted the 133 surveys, under the supervision of a senior staff member. Chula Vista. Surveys were conducted on five dates in June 4-12, 2009 after school. Three minors, all boys, ages 13-16, conducted the 119 surveys, under the supervision of a senior staff member. II. Survey Results Lemon Grove • Completed surveys collected at 24 retail stores • Documented an illegal sales rate of 83.3% (20 of 24 stores sold) • Although most stores in Lemon Grove were liquor stores and convenience stores/gas stations, stores of all types were willing to sell tobacco products to minors • Very few salesclerks questioned the minor attempting to buy tobacco products o Only 13% asked the youth's age o Less the 5% asked to see an ID or if the tobacco was for the minor Just once did a minor say they were 18 (lie) in order to buy tobacco products Minors were NEVER asked to show identification National City • Completed surveys collected at 65 retail stores • Documented an illegal sales rate of 76.9% (50 of 65 stores sold) • The most common store type in National City were independent markets, followed by convenience stores and liquor stores • All store types were willing to sell tobacco products to minors; illegal sales by store type ranged from 33% ("other" store types) to 100% (supermarkets) • Most problematic was the 88% illegal sales rate of independent markets -the most common type of tobacco retailer in the city Store Type. N °h Sold independent market 25 88.0% convenience store without gas g 66.7% liquor store 9 86.9% discount store 8 83.3% drug storelphannacy 3 66.7% convenience store with gas 3 66.7% gas statiori 2 50.0% supermarket z too.o°i° other 6 33.3% Total 65 76.9% • Very few salesclerks ques$oned the minor attempting to buy tobacco products- o Only 14% asked the youth for identification; 8 of the 9 instances when ID was requested resulted in no sales o Just 8% asked if the tobacco was for the minor o Even fewer (6%) inquired about the youths' age • In no instances did a minor say they were 18 (lie) in order to buy tobacco products • Just ONCE was a minor asked to show identification • The two primazy data collectors, although of different ages, were equally likely to by tobacco products illegally (77-78% of the time) Escondido • Completed surveys collected at 133 retail stores • Documented an illegal sales rate of 82.7% (110 of 133 stores sold) • The most common types of stores in Escondido were independent mazkets and convenience stores • All store types were willing to sell tobacco products to minors; illegal sales by store type ranged from 58% (smoke shops & cigazette stores) to 100% (drug store/pharmacies) • Most problematic was the 97% illegal sales rate of independent markets -the most common type of tobacco retailer in the city store Type N %SOId: independent market 29 96.6% convenience store v~ith gas 16 73.3 convenience store without gas 13 64.6% liquor Store 13 92.3% supermarket 12 66.7% drug store/pharmacy /2 100.0% discount store 9 66.7% gas station 8 67.5% Smoke shop/cigarette stores 7 58.3% DelilmeaUproduce 3 66.7% other 12 65.7% Total 133 62.7% • Very few salesclerks questioned the minor attempting to buy tobacco products- o Only 8% asked the youth for identification • even though the minors were unable to famish ID showing legal age, 73% still sold o In 12% of transactions, the clerk asked if the tobacco was for the minor • 44% still sold • In two instances, a minor lied and said he was ] 8, old enough to buy tobacco products n lying worked one of the two times • Just twice was a minor asked to show identification • The tluee primary data collectors, although of different ages, were equally likely to by tobacco products illegally (77%-88% of the time) Chula Vista • Completed surveys collected at 119 retail stores • The most common types of stores in Chula Vista were gas stations, convenience stores and liquor stores • Documented an illegal sales rate of 73.9% (88 of 119 stores sold) • All store types were willing to sell tobacco products to minors; illegal sales by store type ranged from 54% (supermarkets) to 100% (convenience stores with gas) • Most problematic was the high illegal sales rates among the most cotnmon types of tobacco retailers in the city, naniely gas stations, liquor stores and convenience stores • Youth were able to purchase a variety of tobacco products during the survey including Black & Milds (77% of purchases), cigazettes (1 S%), blunts (6%), and cigars (%) Store Type ~ N `~ %Sold gas station 22 73% liquor store 21 76% convenience store without gas 21 61 independent market 14 93% discount store 12 67% supermarket 11 54°h drug store/pharmacy 9 67% other 6 50% convenience store with gas 3 100% Total 119 74% • Hardly any salesclerks questioned the minors attempting to buy tobacco products- o Only 2% asked if the youth had identification • In six instances, a minor lied and said he was 18, old enough to buy tobacco products o Lying worked five out of six times • The minors were never asked to show identification • The three data collectors, ranging in age from ] 3.~ to 16.5 years, were equally able to buy tobacco products illegally (71%-77% of the time) o The youngest confederate, aged 13.5 years, had the produced the highest illegal sales rate - 77%! III. Comments & Recommendations In the summer and fall months of 2008, The Palavra Tree staff escorted teen boys, ages 14- 16, to 223 stores in the cities of Lemon Grove, Escondido and National City to attempt purchases of tobacco products. In summer 2009, 119 Chula Vista stores were also surveyed. Shockingly, illegal sales rates ranged from 74%-83%! Illegal sales occurred at all store types, from independent markets and convenience stores to gas stations and donut shops. These sales to minors rates were draniatically higher than rates found in a 2004 countywide survey (34%), azid reminiscent of sales rates found as far back as 1990 (68%) .During the 2004 survey, youth were able to purchase cigarettes at li% of stores in Lemon Grove, 2l of stores in Chula Vista, and 36% of stores in National City (Escondido was not surveyed). Why were the 2008-09 illegal sales rates so much higher? We have no certain answers but offer these speculations: youth appearance, youth confidence, product requested and/or financial profit. Palavra Tree staff was careful to select decoy youth that appeazed to be older than their real age, and that were experienced tobacco purchasers. This is why federal law requires salesclerks to check ID of anyone appeazing to be under 25. Youth were instructed to purchase "Black & Mild" cigars, pictured above. F are long, slim and shaped like cigazettes, but are wrapped in a tobacco leaf r They aze available in a variety of flavors, including apple, cream and wine. Black and Mild cigars aze popular in the African American community. Were salesclerks unclear that the product was a form of tobacco? Anecdotal reports from project staff indicate that this was unlikely. The Chula Vista survey showed that youth could purchase a wide vaziety of tobacco products. A true test of the impact of product on illegal sales would be to randomly assign one youth to attempt purchases of various product types (e.g. cigazettes, Black & Milds and blunts) at stores that usually make illegal sales (e.g. liquor stores and independent markets). This might explain if the unusually high illegal sales rates were driven by product types requested. Regazdless, it is illegal to sell any tobacco product to minors, and community controls are needed. Attempts to curb sales to minors in San Diego County began almost two decades ago when a 1990 survey found illegal sales rates countywide of 68%. Subsequent retailer education had some success in reducing the rate. Some California cities, including EI Cajon, have dran~atically reduced their sales to minors rates by implementing regulaz law enforcement sting operations, funded by tobacco retailer licensing programs. It appears that youth in the four cities surveyed by The. Palavra Tree would greatly benefit from such a program. It is well known that selling tobacco products is a lucrative business. The tlueat of losing a tobacco retail license and thereby the privilege of selling tobacco may be the only effective deterrent in controlling retailers' illegal behavior. =Q;~;:-\-'\--~ ~(t~i\'vt Neighborhood Market Association ~esponsible Tobacco Retailing Program "'"':",'-.v;'p;J''' 'If'Ct;lMp..:liJ'"' ,. As a member of the N1\1A, we want to make sure you do everything you can to protect your business and to keep the neighborhood safe. Part of your responsibility is to be vigilant in preventing sales of tobacco products to minors. Please review the compliance checklist below and contact our office with any questions or concerns. , .,/ Be aware of the expiration date of your CA Tobacco License from the State Board of Equalization (BOE). The renewal notice should be sent to you by mail upon expiration. If you do not receive the renewal notice, it is your responsibility to contact the BOE at (800) 400-7115. Dis'play your license so that your customers can see it. Failure to display the valid license can result in a fine. .,/ Review the information provided from the CA Dept of Health Services, the information kit in a red folder entitled "Avoiding Fines & Penalties When Selling Tobacco." You will find decals that you should post on or near the register warning your customers of the legal age to purchase tobacco products. Additional Information Kits, clerk education posters, and ST AKE Act si~ns are available for FREE from the Tobacco Education Clearinghouse of California (800)-258-9090 ext. 230 or ext. 103. .,/ In addition, o~r members are encouraged to post the "\Ve Card" decal on your register, and additional wafnings posters provided by NMA. You may also wish to purchase the We Card calendars that make it simple for clerks to check ID for alcohol and tobacco sales. " .,/ Be sure that all clerks are properly trained by eithcr sending them to a training seminar offered periodically by the NMA or having them complete an online training session. Please contact our office for the next training session. Also, we enconrage you to visit www.wecard.org for the Training Resource Center or visit www.neighborhoodmarket.org for a link to the online training. Your employee will be prompted to take a quiz at the completion of}he training in order to obtain a Certificate of Proficiency by mail. .,/ How to prevJnt tobacco sales to minors: jj o Instrn~i your employees to always ask customers for IDs and chcck birth dates carefully. Make sure they accept only valid government-issued photo IDs. " o Train l\iI your employees who sell tobacco products so that they understand all laws " abont s~elling tobacco products. Include training on health-related reasons to not sell tobacc6 products to minors. f , ~- , o Teachiemployees how to check for age and how to act and what to say when they refnse':to sell to someone. !. o Give ehlployees written copies of tobacco laws and store rules. Have them sign the <1 copies;to show that they have read and understood them. , o Post signs to remind employees and customers that anyone who looks under a2e 27 will be' asked for ID. v' Please remember: o No tobacco products or tobacco paraphernalia sold to anyone under age 18. o No self-service display of tobacco products or paraphernalia (witb some exceptions). o No sales of cigarette packs with less than 20 cigarettes or single cigarettes. .~ o No tob[acco samples in your store (with some exceptions). o No sal~s of bidis in businesses that allow minors. , o No tob,acco vending machines where minors are allowed. 'f o No sales of flavored cigarettes (with the exception of menthol). , ~. The NMA is hcre'~o help! Please contact us with any additional questions or concerns and to It,arn more about our training seminars. " ~ , e >: J ,'1' Neighborhood Market Executive Office - 8923 La Mesa Blvd., 2nd Floor La Mesa, CA 91941 Phone: 1-800"979-4427-Fax: 619-464-8440-Website: www.neighborhoodmarket.org ::::~: ' -'1';: ~ '.. "2~~:~,>" " \'" ,,/,: '.' ",,,, i , , .. , / i Ii , i{ ;r I; r- . ".'., q .~, ~;; ',' "- -~,...., .rh~ ,."_~,-;I;-';'~ ,. " ;1' ~'j< , \I " ""'" $ ", ~." ',' " .,' - ~:, ... ~ ~ Y' S' "'. IE" l';' fl' . ,- ,,> ~ :I~ t:1> ':'.'," ~~ ~ ~t1 ~~oo II ~!'" f" '~ ,;;. ,<.' I;' '~I ' N":'E\ '. ,'<< ;, ~.' ': ~( .>l~ "'E!!.' " , I"'''' 1f,.' ,..l, , , [t' ~:l - ". ~'" ',' 1'" ,~" J NEIGHBORHOOD . '. MARKET; SPONSORED BY NEIGHBORHOOD MARKET ASSOCIATION !\,~OCIA110N -:'NMpo.:l' \.i ,. 'i To Rep@lrt arm Unlawful Tobac(o 5€)ie C@U: em~~~ ~ RA4!ij/7 ~ .~~ f8 !:2l ~ ~ ~ ~ iJe E:UiJJ ~ lid ~ l.";;;/ k\J ~ (..' 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"".0,"- "" ~~.. ,.""...- '" Date of Birth "I-\-<','-, i:l: 7 S"',W~"t\\A hC\b,'~ TOBACCO SALES TO MINORS FAll TO All-TIME lOW Date: 9/29/2009 Number: 09-85 Contact: AI Lundeen or Ronald Owens - (916) 440-7259 SACRAMENTO Announcing that fewer California stores are selling cigarettes to minors, Dr. Mark Horton, director of the California Department of Public Health (CDPH), today announced the findings of a CDPH survey on tobacco sales. ''I'm very pleased to see the continued drop in tobacco sales to minors," said Horton, noting that the rate of illegal tobacco sales to minors dropped from 12.6 percent in 2008 to a record low of 8.6 percent in 2009 (sales chart). "There is simply no reason why minors should be able to buy tobacco products." CDPH's 2009 Youth Tobacco Purchase Survey further showed this rate is a historical low from 37 percent in 1995, when the state first started monitoring the illegal sales to minors. Retail stores commonly associated with the selling of tobacco products, such as grocery, drug, tobacco, liquor, or gas stations, sold at an all-time low of 8.5 percent. Drugstores/pharmacies had the lowest rate of illegal sales a 2.3 percent. Despite the overall drop in illegal sales statewide, the survey found sales in certain retail outlets remain high. Non-traditional retail stores, such as doughnut shops, discount stores, or deli/meat markets, were found on average to sell tobacco to minors at 13 percent. The highest rate of illegal sales occurred at doughnut shops at 21 6 percent and tobacco shops at 21.1 percent. "Seventy-four percent of current adult smokers began smoking at or before the age of 18," added Horton. "With this in mind, we encourage all retailers to put an end to illegal sales to minors, and encourage those who witness it to report it to the manager or anonymously through the statewide hotline." The decline is attributed to a variety of factors including the increased price of cigarettes, strong local tobacco retailers licensing laws, state and local enforcement plus ongoing public education via media ads placed on television and on major motion picture DVDs. The California Stop Tobacco Access to Kids Enforcement Act requires that tobacco retailers post a warning sign at each point-of-sale stating that selling tobacco to persons under 18 years of age is illegal and subject to penalties. Customers may call (1-800-5 ASK-4-ID) to report underage tobacco sales. .J .. ~~~. ~\. <S.... ~....~.. P.<&l. 7 .c.l~rd'P~i--.m=n>~ .. Pulll!~Health Percent of Retailers Selling Tobacco to Youth, 1995-2009 40.0 ..,....,_.t.,...," .~; }..:C~-'':':--'^;-; _ . ,......~.; ''''"''~'''~':'!~7' :.~-- ",,:.->.. :'.-'70.... '-, -_,;.~O~~-!":f..,. . -.;l-~">":;,~, ./;;"~;-~,~--~~.*,..,.,,,,.~ .-:#... -,,' ~!.~.,l.:~.,.. .;l!ii~"'~_G.,.. 35.0 30.0 - 25.0 r::: CU (.) ... CU 20.0 Q. 15.0 10.0 5.0 0.0 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Attempted buy protocol 1995-96; Actual buy protocol 1997-2009. Source: Youth Tobacco Purchase Survey, 1995-2009. Prepared by: California Department of Public Health, California Tobacco Control Program, July 2009. -~ ,e..""" "..,\t.;.J ,;/1;'>:UJ ..."..' ~~i;v~'%i~ - ~\~I:t! ;;;- l'2i,;!Jll;c!'Loilltll Percent of Retailers Selling Tobacco to Youth by Store Type, 2009 ,y'," "-".'" :..."1",... ., ",,',;:.,.' S:TATEWIDE Drug store/ Pharmacy Liquor store Convenience without gas Convenience with gas Discount/Gift store Supermarket Deli/Meat market Othe r* Tobacco store Donut shop ". -,-: . 21.6 o 10 15 25 20 5 Percent Source: Youth Tobacco Purchase Survey, 2009, Prepared by: California Department of Public Health, California Tobacco Control Program, July 2009_ 'Other includes gas station only, produce market, restaurant, and others_ Sales rates are standardized to an equal distribution of youth's gender and age, 30 25 --- c Q.) () '- Q.) 0.... 20 15 10 IUegal Sales Rate for Traditional Tobacco Store versus Non..traditional Store, 2003..2009 IEIDl Tradional !EJ Non-traditional ",,' , -, .,--, ~,'-,' '" 1; ";.-'- ~'" _. ~:'" -,." ~. ""'-_ _~", .<~'<: r, .-' 28.1 5 21.6 o 2003 2004 2005 2006 2007 2008 2009 Source: Youth Tobacco Purchase Survey, 1997-2009. Prepared by: California Department of Public Health, California Tobacco Control Program, July 2009. Non-traditional store includes donut shop, discount store, deli/meat market, gift store, produce market, and other store. ) ., 1'" ~ "4." ,-" "... r;~~Ai::' 'l'\,' .... "'~_0'","',..~,,,~~ ~f- (~~::.~~ .'" r);" ~ & [)l~-i '/ .~,<., ,l"~: ;",',,-n '"'- F.~:,:~t..,nC3tlh Evidence of Tobacco Industry versus STAKE Act Age-of-sale Warning Signs 1998-2009 . 90 __;""f'- -.. E;J STAKE Act 81.4 80 76.9 o Tobacco Industry 71.2 73.7 " " 70 68.5 . . 60 55.8 ,; ...... t: Cl) o s.. Cl) a.. 50.4 : ,. 50.7 50 40 30 20 10 o 80.0 76,5 74.8 70.9 . -',' 64.2 59.4. '.'. I." 52.3' . ",,' ; :~ , .,. 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 . Source: Youth Tobacco Purchase Survey, 1998-2009. Prepared by: California Department of Public Health, California Tobacco Control Program, July 2009, The definition of a STAKE Act sign changed in 2006 to include non-California Department of Public Health signs that still met the legal requirements, ST~Background .. :TkN. i!<.T S' ""' "" (>. n-\tA. 0. " . ,l;'age 1 of 1 .~~\l>\"" Stop Tobafco Access to Kids (STAKE) Background In 1992 Congress passed Section 1926 of Title XIX of the federal Public Health Service Act, commonly called the Synaf Amendment. The Synar Amendment requires states to pass and enforce laws that prohibit the sale of tobacco to individuals under 18 years of age. It also requires that federal alcohol and substance abu~e block grant funding be applied to enforcing state law in a a manner that can reasonably be expected to reduce the illegal sales rate of tobacco products to minors. Up to 40% of the block grant funding can be withheld from states for not compiying with the Synar Amendment. In May 1994, the Department of Health Services, Tobacco Control Section (DHSITCS) and tobacco control advocates frorn23 counties throu9hout the state undertook an unprecedented massive effort to document how easily avaiLable tobacco products were to minors. Over 400 youth, 13-17 years of age, surveyed more than 1,800 retaIl stores. The results of the 1994 Youth Purchase Survey indicated that the illegal sales rate was 52.1%. '. In September 1994, the Stop Tobacco Access to Kids Enforcement (STAKE) Act was signed into law creating Business & Professions Code 22950 - 22960 to address the increase in tobacco sales to minors and fulfill the federal mandate. Program Req~irements '. The STAKE Act,created a new statewide enforcement program to take regulating action against businesses thafillegally sell tobacco to minors. Authority for enforcement and responsibility.for implementation;of the program was delegated to the Department of Health Services, Food & Drug Branch (FDB). The Act required DHS to: " implement an enforcement program to reduce the illegal sale of tobacco products to minors and to conduct sting operations using 15 and 16 year old minors granted immunity; operate a. toll-free number for the public to report illegal tobacco sales to minors: , assure ni"t tobacco retailers post warning signs which include the toll-free number to report violationS; assure clerks check the identification of youthful-appearing persons prior to a sale; assess ciyii penalties ranging from $200 to $6,000 against the store owner for violations; and comply with the SYNAR Amendment and prepare an annual report regarding enforcement activities and their effectiveness for the federal government, Legislature, and Governor. ;:: " http://\'rww .cdph.ca.gov/programs/Pages/ST AKEBackground.aspx 3/2/2010 STAKE STATS as of April 30, 2008 * Compliance checks began December 27, 1995. * To date there have been 28,179 compliance checks conducted statewide (all 58 counties). * Of the 28,179 compliance checks, 7560 have resulted in illegal sale of a tobacco product to a minor resulting in a compliance check sales rate 26.8%. The compliance check sales rate for FY 06/07 was 20.9%. ** " * To date, 7379 cases have been closed during the penalty assessment phase. * To date, $2,438,550 in fines has been assessed. * To date, 632 cases have been referred to Legal for further action. * To date, 87 administrative hearings have been conducted. All final decisions have been in favor of DHS, with the exception of three. * Our 800# Public Complaint Line has been operational since late September 1995 and has generated over 31,700 calls to date. ** These figures are the result of STAKE compliance checks conducted by the Food & Drug Branch STAKE Program. The compliance check sales rate in this report is different than the official tobacco sales rate for the State of California as determined by the annual Youth Purchase Surveys. The Youth Purchase Survey uses different parameters and collection methods not applied to the STAKE compliance checks. . Listing of Cigarette and Tobacco Products License Suspensions (as of February 5, 2010) This list will be updated periodically Suspension Period Number Lie. Type From To # of Days Licensee 91257985 LR 011910 02 07 10 20 REDLANDS GAS & FOOD MART 91205460 LR 012210 02 20 10 30 SUNSHINE HANDY MARKET 91246409 LR 012210 021010 20 MAYFLOWER MARKET 91256137 LR 012210 021010 20 MAKS' 98 CENT PLUS 91256360 LR 012210 02 20 10 30 CALIFORNIA MINI MART 91258946 LR 012210 021010 20 QUALITY MARKET 91277644 LR 012210 021010 20 NAVARRO MARKET 91239228 LR 012510 02 23 10 1 30 PORTAVILLA MARKET 91221707 LR 020110 021010 10 SUNLlTE MARKET 91287253 LR 0201 10 02 20 10 20 RANCHO LIQUOR 91290209 LR 020110 02 20 10 20 DA BAY SMOKE SHOP 91236936 LR S 02 05 10 02 24 10 20 MAPLE LIQUOR 91255013 LR 02 05 10 02 24 10 20 IVY CIGARETTES & DRINKING WATER 91265508 LR 02 05 10 021410 10 CROWN EMPIRE LIQUOR 91290161 LR - 02 05 10 02 24 10 20 W FOOD LIQUOR 191294676 LR 02 05 10 02 24 10 20 MICHAELIS WINE & SPIRITS, INC. ., .1 Listing of Cigarette and Tobacco Products License Suspensions (as of December 29, 2009) This list will be updated periodically , Suspension Period Number Lie. Type From To # of Days Licensee 91256734 LR 121409 011210 30 SAN PABLO DISCOUNT CIGARETTE 91205414 LR 121809 010610 20 NICE LIQUOR & VIDEO 91252786 LR 121809 010610 20 RUBIDOUX ENTERPRISES 91261455 LR 121809 010610 20 KWIK STOP LIQUOR 91310251 LR 121809 010610 20 ONE STOP FOOD & WATER 91242537. LR 122809 011610 20 FOSTER DONUTS , State of California BOARD OF EQUALIZATION CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT REGULATIONS Regulation 4603. PENALTIES FOR LICENSED OR UNLICENSED RETAilERS. Reference: Sections 22973, subdivision (a)(S), 22974, 22974.3, 22974.4, 22974.7, 22980.1, subdivisions (c), (d), (e), (g), 22980, subdivision (b), 22980.2, subdivision (a), 22980.3, subdivision (a)(2), Business and Professions Code. The following penalties shall be assessed in addition to any other civil or criminal penalty provided by law upon a finding that a retailer has violated any provision of the Act (a) A first offense of a violation of any of the following provisions shall result in the issuance of a Warning Notice to the licensee or unlicensed person: (1) Business and Professions Code section 22974 (retailer's failure to retain purchase invoices). (2) Business and Professions Code section 22980.1, subdivision (c), (d) or (e) (purchase from unlicensed person or person with suspended or revoked license). (3) Business and Professions Code sedion 22980.1, subdivision (g) (purchase of cigarettes to which a stamp may not be affixed in accordance with Rev. & Tax. Code, 9 30163, subd. (b)). (4) Business and Professions Code section 22980.2, subdivision (a) (sales of cigarettes or tobacco products by an unlicensed person or person with suspended or revoked license). (b) A first offense of a violation of any of the following provisions shall result in the issuance of a 20-day suspension: (1) Business and Professions Code section 22973, subdivision (a)(5) (retailer's false statement on application). (2) Business and Professions Code section 22980, subdivision (b) (anyperson's refusal to allow inspection). (c) A second or subsequent offense for a violation of the provisions listed in subdivision (a) or (b) above, shall result in both a 30-day suspension or revocation and a fine. The fine shall be determined in accordance with Regulation 4607. (d) A violation of Business and Profession Code section 22974.3 (possession of unstamped cigarettes or untaxed tobacco products) shall result in the fOllowing: (1) Notwithstanding paragraphs (2) and (3) below, a Warning Notice for a first offense when the licensee has been in business for less than one month and there has been no purchase of new cigarette or tobacco product inventory during that period. (2) A 10-day suspension for a first offense for a seizure of less than 20 packages of cigarettes, or the equivalent amount of tobacco products based on wholesale cost. (3) A 20-day suspension for a first offense for a seizure of 20 packages of cigarettes or more, or the equivalent amount of tobacco products based on wholesale cost. (4) Both a 30-day suspension or revocation and a fine for a second or subsequent offense. The fine shall be determined in accordance with Regulation 4607. (e) In cases involving multiple violations, the violation punishable by the most severe penalty will be used for purposes of determining the penalty assessed. (f) Notwithstanding subdivisions (b) through (e) above, a reduction in the length of a suspension period may be warranted if mitigating circumstances are present, as set forth in Regulation 4606. If any suspension period is reduced, the redetermined period of suspension shall be 0 days, 10 days, or 20 days. The existence of mitigating circumstances may also warrant reducing a revocation penalty to a 30-day suspension, unless revocation is mandated pursuant to Business and Professions Code section 22974.4, 22978.6, or 22980.3, subdivision (a)(2). History: Adooted December 12 2006 effective Aoril 21 2007. State of California BOARD OF EQUALIZATION CIGARETTE AND TOBACCO PRODUCTS LICENSING ACT REGULATIONS Regulation 4607. DETERMINATION OF FINE. Reference: Sections 22973, subdivision (5), 22974, 22974.3, subdivision (a), 22974.3, subdivision (b), 22974.7, 22977, subdivision (a)(5), 22978.1, 22978.2, subdivision (a), 22978.2, subdivision (b), 22978.4, subdivision (c), 22978.5, subdiVision (b), 22978.7, 22979, subdivision (b)(1), 22979.4, 22979 5, subdivision (b), 22979.6, subdivision (c), 22979.7, 22980, subdivision (b), 22980.1, 22980.2, subdivision (a), Business and ProfE'ssions Code. (a) The fine for Business and Professions Code section 22974.5 (retailer's failure to display a license) is $500. (b) The fine for all other violations of the Act shall be determined as follows: (1) Any second or subsequent offense of a violation of any of the following provisions shall result in a fine of $1,000: (A) Business and Professions Code section 22973, subdivision (a)(5) (retailer's false statement on application). (B) Business and Professions Code section 22977, subdivision (a)(5) (distributor's or wholesaler's false statement on application). (C) Business and Professions Code section 22979, subdivision (b)(1) (participating manufacturer's .false statement on certification to the Board). (2) A second offense of a violation of any of the following provisions shall result in a $1,000 fine, and each subsequent offense shall increase the fine by an increment of $1 ,000, up to a maximum fine of $5,000: (A) Business and Professions Code section 22974 (retailer's failure to retain purchase invoices). (B) Business and Professions Code section 22974.3, subdivision (b) (retailer's sale or possession of untaxed tobacco products). (C) Business and Professions Code section 22978.1 (distributor's or wholesaler's failure to retain purchase invoices). (0) Business and Professions Code section 22978.2, subdivision (b) (distributor's or wholesaler's sale or possession of untaxed tobacco products). (E) Business and Professions Code section 22978.4, subdivision (c) (distributor's or wholesaler's failure to comply with invoice requirements). (F) Business and Professions Code section 22978.5, subdivision (b) (distributor's or wholesaler's failure to retain sales records). (G) Business and Professions Code section 22979.4 (importer's failure to retain purchase invoices on premises). (H) Business and Professions Gode section 22979.5, subdivision (b) (manufacturer's or importer's failure to retain sales records on premises). (I) Business and Professions Code section 22979.6, subdivision (c) (manufacturer's or importer's failure to comply with invoice requirements). . (J) Business and Professions Code section 22980, subdivision (b) (any person's refusal to allow inspection). (K) Business and Professions Code sections 22980.1, subdivisions (a), (b), (c), (d), (e), (I), and (9) (sales or purchases of cigarettes or tobacco products to or from an unlicensed person or person with suspended or revoked license). (L) Business and Professions Code section 22980.2, subdivision (a) (sales of cigarettes or tobacco products by unlicensed person or person with suspended or revoked license). (3) A second offense of any of the following provisions shall result in a $2,000 fine, and each subsequent offense shall increase the fine by $1,000, up to a maximum of $5,000 per offense: (A) Business and Professions Code section 22974.3, subdivision (a)(2) (second seizure from retailer within five years of less than 20 packs of untaxed cigarettes). (B) Business and Professions Code section 22978.2, subdivision (a)(2) (second seizure from a distributor or wholesaler within five years of less than 20 packs of untaxed cigarettes). (4) A second offense of any of the following provisions shall result in a fine of $5,000 or five times the retail value of any cigarettes or tobacco products seized, whichever is greater, and the $5,000 fine shall be increased to $10,000 for the third offense, $15,000 for the fourth offense, $20,000 for the fifth offense, and $50,000 for the sixth and subsequent offenses: (A) Business and Professions Code section 22974.3, subdivision (a)(4) (second seizure within five years from retailer or any other person of 20 or more packs of untaxed cigarettes). (B) Business and Professions Code section 22978.2, subdivision (a)(4) (second seizure within five years from a distributor or wholesaler of 20 or more packs of untaxed cigarettes). (5) Fines are reduced by the amount of any fine imposed as a result of a misdemeanor citation issued for the same violation of the Act. History: AdoDted December 12 2006 effective ADnl 21 2007 "..!k~, ~~. ...,. .\;j'..,.....;;ft{. .. "", ,'" ~ Dc , .'"..... ,. , ~ . 'If. :~. California Department of Public Health Food and Drug Branch STAKE Enforcement Unit Stop Teen Access to Cigarettes Questionnaire Did you personally witness the illegal sale of tobacco to a person who appeared to be under the age of 18? Yes No If no, what is the source of your information? Give t~e name and street address of the store, include city and zip code, Give the date and approximate time of the illegal sale. If you are willing, please give your name, address and phone number. If you wish to remain anonymous, please leave your zip code for our records. Where did you see the 800# posted? Were there single cigarettes sold at this location? What type of store was it? Supermarket _ Market Convenience store _ Liquor Drug Tobacco Other (specify): Gas Station Please print, fill in all known information and mail to: California Department of Public Health Food and Drug Branch STAKE Enforcement Unit, MS 7602 Attn: STAKE Program Manager PO. Box 997435 Sacramento, CA 95899-7435 Thank you for your support DON'T EVEN TRY ~",*7 ~,AD WE DO NOT SEll . TOBACCO TO ANYONE UNDER 18 YEARS OF AGE . "l 'N TH~ ~\~-- --.....~ I~ ~../.-' .'~ "'/)1/ .::,+/' ""\.5'.... Qt' _ ~~~ ~.' \ , '. \ I. \ I ) , I , NEIGHBORHOOD I. MARKE T SPONSORED BY NEIGHBORHOOD MARKET ASSOCIATIO~ / February 25, 2010 Dear Mayor Cox: Dear Deputy Mayor Ramirez: Dear Councilmember Bensoussan: Dear Councilmember Castaneda: Dear Councilmember Thompson: " We are writing to express our concern about the proposal to adopt an ordinance related to tobacco sales in the City of Chula Vista. We agree that underage smoking is a problem, not only in this City but all over the country. But, we also believe that responsible' retailers should not be punished for this epidemic. ' As retailers, we take this matter very seriously. We are licensed by the State of California to sell tobacco products., We understand that this comes with the responsibility complying with tobacco control laws, including the STAKE Act (Stop Tobacco Access to Kids Enforcement Act). We train our clerks and make sure that they are also aware of these laws, and that they check IDs of anyone appearing under the legal age. We post signs at the register that put our customers on notice that the sale of tobacco to persons under 18 years of age is prohibited. Many of us ha\Ce registers that prompt our clerks to enter the date of birth when customers are buying alcohol and/or tobacco products, and will not allow a transaction if the person is underage. We do this to protect our license, but also to protect the children in our neighborhoods. Most of us are parents as well, and we do not condone, and most certainly do not encourage underage smoking. We believe that students need to be better educated at ' ~ home and at school about the harmful effects of smoking tobacco. We want to help the , city and the schools in their outreach efforts because we do not want kids even attempting to buy tobacco at our stores. That would make the greatest impact in reducing the incidence' of underage smoking. - The proposed ordinance would be unfair to us retailers. It calls for a separate license to be issued by the City to allow us to sell a product we are 3llready licensed to sell, and may cost us a significant amount of money. As small business owners, this would cause us to make very tough decisions. Revenues are down on average 15-20%, and the cost of doing business is increasing. We may have to decide to let employees go and work longer hours ourselves to reduce our overhead. Taxes and fees are being increased on us at every level, from the federal government, the state and locally. Many of us are struggling to stay afloat. This issue and its timing are of critical importance. With both the national-and state economy stalled, our industry is particularly vulnerable to any substantive changes in the rate of taxation. Our industry's expenses continue to rise while consumers are increasingly cost-conscious, selecting lower priced options. As a result, the family- owned, neighborhood markets cannot continue to compete with the larger chain stores. They struggle to offset their own costs and stabilize sales, which have led to cut-backs and lay-offs. If the cost of doing business continues to rise, more jobs will be lost. We are asking you to keep the City of Chula Vista business friendly. Our businesses employ many Chula Vista residents, provide jobs, bring revenues to the city and serve the community. We are committed to improving the neighborhoods where we do business, and we urge .you, our elected officials, to keep the interests of the small business community in mind. Sinaerely yours, )L c t~ Ij/lt ~V\.~----n:.V\ ./ '~~ " "; ftllmJrJv;r" !/ (:J wr )5) J9.ccJv;? Q/1/o S (.~ P f? f III PC Ci'_ ~ (!) [ i /11 e. q I q I 0 J 0\ '^ '"'- ~ ^., k.AJU- {_<,,-~ ~ ~ ( I ~ ( '- ~O/\Jv'V<J , \ :- c::, ~ ~o?> Sunset Market anu #L 985 Broadway St. Ste Q"ul~_\Ii.ta-CA. 91911 Mj~-<- L:;'~ . " ~ \C\ \ G I'C\ q IO;/U &~ 1,"'1 L-~crv<.'r \3 55 i3rC)~wo....y C1:liil \=0.'-- NcpA L rCi Ar2-~ T r . ~rt\ ~ 5391 C;.,./j~-,,- ;;.-, r .~~ -1c J '-, ~ ...-. - ~ 71 (J (, 6r q v<.- .p 1<. (fe~/~- /h>~ . =--- . - ~) Sorm 0.. h ^' -rGA ~\-v\. r ~ (''I'f Ix \3 ~'( 3rc/ If lie M!Jf: Jf1;1;- ( Ijtr~\ ~ f'/'. C~1~;L rJUur {d6Y / They struggle to offset their own costs and stabilize sales, which have led to cut-backs and lay-offs. If the cost of doing business continues to rise, more jobs will be lost. We are asking you to keep the City of Chula Vista business friendly. Our businesses employ many Chula Vista residents, provide jobs, bring revenues to the city and serve the community. We are committed to improving the neighborhoods where we do business, and we ilrge you, our elected officials, to keep the interests of the small business community in mind. '- -~,;--=. /~ ".. .. //. . t' tt$>r V ,\!)n ., , "<--J :./ U\...\T"HJ fJ(f)rK 7 -v- LCJ/ " ~t~ {()t,~y , -----SD 4',bl"",,,,,\,~C\. \ 'ULA~ . ~~,,\:.r ~-::J ~\A.>> ;---.. 5J/l.,;)r, C/9~7 1) .~4j r/re< """'---1-- ~ <v,I' f6Dttjo? .)tf~r ~~:-'J,~~_~~ \ '- .,._..~_ ,".,~._,tIov"AU~""'...'.... / They struggle to offset their own costs and stabilize sales, which have led to cut-backs and lay-offs. If the cost of doing business continues to rise, more jobs will be lost. We are asking you to keep the City of Chula Vista business friendly. Our businesses employ many Chula Vista residents, provide jobs, bring revenues to the city and serve the community. We are committed to improving the neighborhoods where we do business, and we urge you, our elected officials, to keep the interests of the small business community in mind. Sincerely yours, \ ,~~-e --tt:Fr2 .^AlAY~ct ~hl'\v -:::Gb ( ./&I G";!:c4.DO /-<J fF R.-uA n If A.-JA I.. '}or7 tJ cWq -U~r _~~ . <: '1 - / I,., ,L"c- /-( ,-,r,,- k