Food-Tobacco

​​ ​ ​	​PUBLIC ​ WORKS & UTILITIES​ - ​OFFICE OF ENVIRONMENTAL HEALTH​
	Topic/Process:	Tobacco Control Program Performance Standards​
	Responsible Section:	Tobacco Control	Adopted:	5/19/2023	Revised:	N/A

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 This procedure establishes performance standards for the Tobacco Control Program. 

LICENSE/ESTABLISHMENT CLASSIFICATION 

Upon initial issue of a tobacco license by City Licensing (a division of the City Treasurer), or upon discovery of an establishment operating without a license, the program manager assigned to the Tobacco Control Program (TCP), or his/her designee, will classify the establishment and/or vending machine placement location as either (1) accessible, or (2) non-accessible.  

• Accessible means the establishment or vending machine placement is in a location that is legally open to a minor (e.g., grocery stores, convenience stores, gas stations, restaurants, et cetera). 
• Non-Accessible means the establishment or vending machine placement is in a location that is not legally open to a minor (e.g., drinking establishments, warehouses, home occupied businesses, et cetera). 
• Minor, for the purpose of this procedure, shall mean any person under the age of 21 years. 

Classifications shall be reviewed and adjusted as necessary.

COMPLIANCE CHECK LEVELS 
The TCP will have two compliance check levels for the purpose of ensuring license holders follow the requirements set forth within City Code (Chapter 7.60). 

• A Level 1 Compliance Check consists of an attempted purchase of tobacco products by a minor from an establishment or vending machine, while observed by an employee assigned to the TCP. 
• A Level 2 Compliance Check consists of an onsite observation by an employee assigned to the TCP.​

ACCESSIBLE ESTABLISHMENT PERFORMANCE STANDARDS 
Establishments that are classified as “accessible” shall receive a minimum of one Level 1 Compliance Check, annually. If tobacco products are sold to a minor, a follow-up Level 1 Compliance Check will be conducted. If violations other than selling tobacco products to a minor are observed (e.g., failure to properly display notice or license), a follow-up Level 2 Compliance Check will be conducted. Follow-up compliance checks shall be conducted within 1-3 months of the violation, or as is reasonably suitable for the violation observed. Follow-up checks shall continue until the establishment achieves compliance.

 

NON-ACCESSIBLE ESTABLISHMENT PERFORMANCE STANDARDS 
Establishments that are classified as “non-accessible” will receive at least one Level 2 Compliance Check, annually. If violations are observed, a follow-up Level 2 Compliance Check will be conducted. Follow-up compliance checks shall be conducted within 1-3 months of the violation, or as is reasonably suitable for the violation observed. Follow-up checks shall continue until the establishment achieves compliance. 

 

AUDIT 
An annual review of the effectiveness of the Tobacco Control Program in meeting the aforementioned performance standards shall be conducted. The review will be completed by the program manager assigned to oversee the Tobacco Control Program, or his/her designee. The review will be conducted during the month of January and focus on the preceding year’s results. The program manager shall implement and/or recommend changes to the Tobacco Control Program as necessary to ensure performance standards are achieved. 

 

A written report showing the Tobacco Control Program’s compliance with performance standards will be completed biannually¹. This procedure outlines the standards and approval process for this report.

GENERAL PROCEDURE/TIMELINES 
The program manager assigned to the Tobacco Control Program (TCP), or his/her designee, shall prepare a written report in January and July. July’s report shall include data for the first six months of the current calendar year (January – June).  January’s report shall include data for all twelve months of the preceding calendar year (January – December).

 

Reports shall be submitted to the Assistant Director of Public Works & Utilities – Public Works, for review and approval, on or before January 20 and July 20, respectively. Once approved, the TCP manager shall publish the report on the TCP webpage on the City’s official website. Only the current report will be published on the website.  Older reports will be archived and made available upon request. 

 

REPORT CONTENT    

The biannual report will focus on the number of Level 1 (sales) compliance checks completed, and the percentage of accessible establishments that received a Level 1 compliance check, in each City Council district. Specifically, reports shall include the following information: 

 

• Number of accessible establishments²
• Percentage of accessible establishments receiving a Level 1 compliance check
• Total number of Level 1 compliance checks conducted² 
• Average Level 1 re-check response time, if applicable

• Number of sales made to minors (initial and re-check sales combined)
• Compliance rate 
• Historical data (previous five years, all districts combined)

​​​​REPORT FORMAT
The format for the biannual report shall be consistent with the inaugural “January – December, 2022” report, included as an attachment to this procedure.

 

¹See City Council Proceedings, March 14, 2023 (motion pertaining to Agenda Report No. V-1)

²See policy Tobacco Control Program Performance Standards for definitions.