Source: San Jose Mercury News (CA) Contact: http://www.sjmercury.com/ Pubdate: Thu, 16 Apr 1998 Author: Alan Gathright - Mercury News Staff Writer STORES NEED LICENSES FOR TOBACCO SALES Permits attack youth smoking Vowing to snuff out youth smoking, San Mateo County supervisors Tuesday created California's first tobacco license for merchants, who now face fines or having their permits yanked for selling cigarettes to minors. The supervisors' 4-0 vote to adopt the measure, which will take effect Sept. 1, was roundly criticized by supermarket chains and mom-and-pop shops, which argued that more than legislation is needed to combat illegal cigarette sales. Youth smoking increasing Despite youth education campaigns and sting operations targeting illegal sales, youth smoking is increasing. A third of the county's 11th-graders smoke -- nearly half of those regularly. A recent national study showed tobacco use among teenagers jumped by nearly one-third -- from 27.5 percent to 36.4 percent -- in the past six years. Health advocates said recent surveys show that county youths under the legal age of 18 can buy cigarettes as much as 41 percent of the time in some communities. Joseph Granata, a Foster City teenager, testified that during a student undercover survey, store clerks frequently sold him cigarettes -- even after he displayed identification showing he was 16 years old. ``In spite of all of our efforts . . . it isn't working,'' said board President Tom Huening. ``We think this ordinance is a substantial incentive (for retailers) to do the right thing.'' Supervisor Ruben Barrales abstained from the vote, saying that while he supported combating teen smoking, he felt the penalties were too harsh on retailers, especially small shops. The law requires stores to pay $25 to obtain a tobacco sales permit to be renewed every five years. The first time a store illegally sells cigarettes, rolling papers or other tobacco products to someone under 18, county health officials can suspend the store's tobacco license for 30 days. The health director can waive the first suspension, however, if the company gives its staff training in tobacco sales law within a month of the violation. On the second violation within a year, the suspension is 90 days, and a third violation triggers a suspension up to one year. A retailer caught selling tobacco products without a permit faces a $100 fine for the first violation, $200 for the second and $500 for the third. While the county ordinance will affect tobacco sales in unincorporated communities only, San Mateo City Councilman Jerry Hill said he will introduce a matching ordinance to his city council May 6. He also plans to write every city council member in the county, urging them to pass the law. Business people protested Several business people marched to the podium Tuesday, protesting what they considered severe economic burdens on retailers striving to obey the law or clerks who could make a few honest mistakes among thousands of annual sales. ``We believe responsible retailers should not be penalized for the actions of a few,'' said Beth Beeman, vice president of the California Grocers Association. She advocated an escalating series of fines for each violation, while allowing retailers one-time penalty exemptions for adopting positive measures such as requiring proof of age for anyone who appears to be under 30 or providing staff training. Retailers also lobbied for tougher enforcement of state laws against youngsters caught with illegal tobacco and penalties against individual store clerks who break the law. But Councilman Hill said punishing clerks instead of holding employers responsible is simply ``looking for a scapegoat.'' ``You don't have to worry about this ordinance, if your employees are trained properly,'' he said.