Topic/Process:
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Tobacco Control Program Performance Standards
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Responsible Section:
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Tobacco Control
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Adopted:
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5/19/2023
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Revised:
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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.
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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).
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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).
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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).
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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.
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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.