Calabasas turns heat on tobacco sales

The Calabasas City Council is considering an ordinance that would levy a $1,000 fine to retailers who sell tobacco to minors.

A new, Calabasas tobacco retailer licensing program will require any retailer selling tobacco in the city to be licensed.

City Attorney Michael Colantuono said similar programs in other cities usually begin with the city issuing free licenses to all businesses that sell tobacco products.

"There's no process, no judgment, no fee," Colantuono said. "Nothing changes until you violate the law."

But if a business is caught violating the tobacco law, such as selling to a minor, the city can revoke the business's right to sell and administer a fine.

"The idea is to impose a quick, certain economic penalty that gets their attention and typically recommits management to train counter staff as to what they need to do to comply with the law," Colantuono said. "It's not intended to be burdensome to businesses that follow the law. It's intended to get the attention of those who are not."

Some cities charge an annual fee of about $100 to help pay for compliance checks and sting operations.

Councilmember Dennis Washburn pushed for a licencing program without fees.

"It's not the money, it's the outcome we're after here," Washburn said. "While I'm going to vote for a measure, this challenges our own approach to supporting businesses in our community. We tend to presume that our retailers are of goodwill and good intention. They produce a great deal of wealth and service in this community as well. "

Mayor Pro Tem Jonathon Wolfson agreed.

"I don't think it's worthwhile or right to have our businesses pay that," Wolfson said. "I'd rather have a fine if they violate the law."

Groveman said he'd be willing to forgo the fee if the minimum fee for violating the law was $1,000.

"I can't think of too many things more important than this ordinance," Councilmember Barry Groveman said. "Our own Calabasas High School has higher than statewide average for using cigarettes. I'd like to do everything we can to make it difficult."

Groveman also said he foresees a day where businesses in the city don't sell cigarettes at all.

"I'm sure not everybody will agree with this, but I believe if (these business owners) were good corporate citizens, they would stop selling cigarettes, period," Groveman said. "We're going to be there one day. We might as well be there now in this city."

There are 15 stores and businesses that sell tobacco in Calabasas.

Six speakers came to support the ordinance. Many of them had worked with other cities that developed programs, including Gardena, Cerritos and South Pasadena.

Cheryl Toledo, a community organizer at the Asian-American Drug Abuse Program in Los Angeles, encouraged the council to take action.

"Your city is well-known in the public health arena, and you now will be an even stronger leader with consideration of the adoption of the tobacco retail licensing program," Toledo told city officials.

Stephen Gallegos, a smokefree advocacy and programs manager for the American Lung Association, pointed out that Calabasas dropped from an A grade to a B grade in the association's ongoing air quality ranking because it lacked a tobacco retail licensing policy.

While Calabasas again scored an A for overall air quality, it received an F for its tobacco licensing efforts. Overall, the city was given a B.

Mayor Mary Sue Maurer called the grading system and "effective tool."

Calabasas staff is drafting a tobacco ordinance that will be turned over to the City Council.