Source: San Jose Mercury News Contact: Wed, 11 Feb 1998 Author: Alan Gathright, Mercury News Staff Writer 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.