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Public Comment 08-28-2018 Tobacco LicensingCarlos Ramirez Ed.D. Superintendent carlos.ramirez@eagleschools.net August 20, 2018 Avon Town Council, P.O. Box 975 Avon, CO 81620 Dear Avon Town Council, iIe�� EAGLE OUNTY SCHOOLS As you are already aware, tobacco use is the number one cause of preventable death in Colorado. Tobacco use contributes to 5,1oo deaths annually and costs Coloradans nearly $1.9 billion a year in healthcare costs and lost productivity. At current trends, 91,000 Colorado kids alive today will die prematurely from tobacco -related causes. As a Colorado educator, I see first-hand the problems facing our youth and the toll of tobacco among our students. You now have the opportunity to vote on youth tobacco prevention legislations that could cut all tobacco use in our youth by an estimated 25%. Therefore, I urge the Avon Town Council to support a tobacco retailer license and an increase in the minimum legal sales age of all tobacco products from 18 to 21. A recent report highlighted Colorado as leading the nation in youth vaping rates. In fact, youth vaping rates are double the average of the 37 states surveyed. In 2017, Healthy Kids Colorado Survey (HKCS) data highlighted the perceived "ease of access" to vaping products at nearly 7o% for our Eagle River Valley high school students. Additional 2017 HKCS data revealed that around half of our valley youth under the age of 18 who are currently using tobacco products are purchasing them from a "brick & mortar" store. These findings underscore the need for a local tobacco retail license with meaningful penalties that will hold retailers accountable and reduce illegal sales. The ease of obtaining cigarettes from their peer group drives youth consumption; by cutting off the source, obtaining cigarettes or other tobacco products would be significantly harder for youth. The U.S. Surgeon General reports that adolescents can become dependent on nicotine very rapidly, and at lower levels of consumption than adults, as they are still going through critical periods of brain growth. By increasing the minimum legal sales age to 21, we would significantly decrease the availability for underage youth to use friends as a source of tobacco products. Research from the Institute of Medicine shows that 8o% of current users of cigarettes begin before the age of 18, and 95% begin before they turn 21. Six states and over 300 counties and cities, including Aspen, Basalt, and Carbondale, have already taken action to raise the minimum age of tobacco sales. I support the Town of Avon in taking the next bold steps in protecting our youth's health and promoting public health for all in Colorado. Your actions will impact future public health policies through leading by example. Thank you for your partnership in making our communities safer for our kids. Respectfully, Carlos Ramirez, Ed.D. Superintendent pho: 970 328-6321 fax: 970 328-1024 web: eagleschools.net • twitter: @eagleCOschools • facebook: eagle.schools • 948 Chambers Ave • PO Box 74o • Fagle, CO 81631 From: Jodi Radke [mailto:jradke@TobaccoFreeKids.org] Sent: Wednesday, August 22, 2018 9:40 AM To: Avon Council Web <avoncouncilweb@avon.org> Cc: Preston Neill <pneill@avon.org> Subject: Introduction & Offer as a Resource Campaign for Tobacco -Free Kids Mayor Fancher and Avon Councilmembers, I wanted to reach out and extend myself as a resource (if it's helpful on your end). I am the Regional Director with the Campaign for Tobacco -Free Kids. I am based here in Colorado, and have been working on tobacco control policy for nearly two decades. I am intimately familiar with the state statutes (tobacco control) and how they intersect with policy at the municipal level. It can be complicated as we have some archaic laws at the state level that create confusion for cities pursuing tax, fees, or licensure that include cigarettes (as you've discovered). I've been assisting as helpful, Aspen, Basalt, Carbondale, and Steamboat Springs (not sure if you were aware they were looking at a tobacco tax for the November 2018 ballot also). Their hearing was last night, and they opted to separate marijuana from tobacco and will place the marijuana tax on the November ballot, with the tobacco tax to follow (likely) at a later date. The initial considerations included alcohol, tobacco and marijuana. Please let me know if I can assist in your considerations in any way... questions you may have, or to walk through any of the moving parts (Tobacco 21, licensure, or tax), I am more than happy to assist and/or correspond via email or hop on the phone to discuss. I was out of the country during your hearing (on vacation), or would have loved to attend the discussion in person. I did watch the hearing and the related discussion once I returned. Your efforts last week will save lives for generations to come. About 95 percent of adult smokers began smoking before they turned 21. Policies, such as the one you are considering, are a critical part of reducing the number of kids who start smoking, and will help to eliminate a critical point of access that kids have to tobacco. This policy will improve public health and will save lives. The tobacco industry continues to target Colorado kids with its deceptive marketing practices. We must be vigilant in protecting Colorado's kids from the tobacco industry's outreach and efforts to addict them. Raising the age of sale, enacting strong, comprehensive licensure requirements with the ability to suspend or revoke selling privileges and raising the price of tobacco are research -proven policies that have demonstrated significant reductions in use rates and accessibility, primarily amongst kids. Arguably, raising the price on tobacco by a significant amount (like your neighboring cities) is one of the most effective policies in reducing use amongst our kids. It is public health heroes, such as yourselves, who help achieve these outcomes. Thank you for leading the way in protecting Avon's kids. We appreciate your leadership and this bold step in saving lives. Thank you for all that you do, and continue to do. Best, Jodi Jodi L. Radke Director, Rocky Mountain/Great Plains Region Campaign for Tobacco -Free Kids PO Box 784 Loveland, CO 80539 0 - 202.481.9385/800.803.7178, ext 3085 C - 970.214.4808/F - 866.743.8418 jradke@tobaccofreekids.ore COO EAGLE COUNTY Avon Town Council c/o Mayor Fancher 1 Lake Street Avon, CO 81620 Dear Mayor Fancher Avon Town Council Members, Board of County Commissioners 970-328-8605 970-328-8629(f) ea.gleadmin@eaglecounty.us www.eaglecounty.us We understand your community has been presented with a proposal to license tobacco retailers and increase the minimum sales age for tobacco products to 21, and we applaud your initiative. The comprehensive tobacco retail license you are considering fits our commitment to providing a safe, healthy place for families to thrive, where personal health and wellness are achievable for all. As Eagle County's Board of County Commissioners, we are very concerned to learn that local stores have been selling tobacco to underage youth. We know that if kids start using tobacco products, it's extremely difficult for them to quit due to the impact of nicotine on their developing brains. The tobacco retailer license provides local law enforcement with the tools and resources necessary to meaningfully address stores in violation in the community and positively recognize those stores that are following the law. It also reduces the financial burden tobacco addiction has on all of us, who pay for increased health care and insurance costs as a result of tobacco use. Most importantly, it makes it more difficult for youth to obtain tobacco. From 2017 Healthy Kids Colorado Survey data, we know the majority of students in our valley perceive tobacco products, including vaping devices, as easy or very easy to access, and perception correlates with experimentation and continued tobacco product use by young people. Additionally, the data this past year also illustrated the majority of our high school students under the age of 18 who smoke or vape bought their own cigarettes (60%) and vape devices (50.1%) from "brick and mortar" stores. This alarming rate of access highlights the prevalence of illegal sales and further concerns us because of the interconnectedness between substance use and mental health. Anecdotally, we hear that our valley youth are using the popular Juul° vape device as a way to cope with stress, anxiety, and loneliness. With Juulls widely available at local convenience stores, a perception of easy access, and inadequate state and federal compliance check measures of these stores, it is no wonder so many underage youth have bought them illegally. We commend your leadership in adopting the life-saving policy and urge you to pass this initiative that will make our valley a great place to live for all! Sincerely, Kathy Chandler -Henry Jeanne McQueeney Jill H. Ryan Chair Commissioner Commissioner 500 Broadway, P.O. Box 850, Eagle, Colorado 81631 Colorado School of Public Health Arnold H. Levinson PhD MJ Associate Professor, Community and Behavioral Health Director, Community Epidemiology & Program Evaluation Group August 25, 2018 Hon. Jennie Fancher. Mayor Hon. Sarah Smith Hymes, Mayor Pro Tem Hon. Megan Burch, Council Member Hon. Matt Gennett, Council Member Hon. Jake Wolf, Council Member Hon. Scott Prince, Council Member Hon. Amy Phillips, Council Member Preston Neill, Deputy Town Manager Chief Greg Daly Deputy Chief Coby Cosper Dear Avon Leaders, 13001 E. 17th Place, Mail Stop F542, Aurora, Colorado 80045 Room E6316H, Building 500 voice: 303.724.3541 fax: 303.724.3544 arnold.levinson(a)ucdenver.edu I want to thank and commend you for considering a town ordinance to license tobacco sales and raise the legal age of tobacco sales to 21. Enactment and implementation of these measures can greatly reduce tobacco sales to adolescents and young adults during the time in their lives when they are at greatest risk of becoming addicted tobacco users. The problem of illegal underage tobacco sales has been extensively studied, and newly published research addresses a misconception, based on official government surveys, that most retail stores do not sell tobacco to minors. The new study (attached for your review) appears in JAMA Pediatrics, a leading national scientific journal. It found that more than half of 201 randomly chosen stores sold cigarettes to 15- and 16 -year-olds at least once, and more than one-fourth sold at least twice, during a series of six undercover purchase attempts within a few weeks. About one third of the illegal sales occurred when stores didn't ask the teens for ID as required by existing state and federal laws. More troubling was the fact that two-thirds of the underage sales occurred even after the teens presented real IDs showing they were only 15 or 16 years old! Based on these results, I highly recommend that the Avon tobacco sales ordinance include adequate enforcement protocols. Extensive research had shown these laws are not "self -enforcing." Based on the new study, each round of testing for compliance should include two underage purchase attempts per store, rather than only one attempt, because stores do not behave consistently when adolescents try to buy cigarettes, vaping products, or other tobacco products. The study also found that stores which used electronic systems to verify age were less likely to commit a violation. Merchants that sell tobacco could be required to have electronic age -verification systems and to enforce consistent use by clerks. If I can provide additional useful information, please don't hesitate to call or email me. Thank you very much for taking the initiative to help Colorado end the tobacco epidemic. Sincerely, c., W 0 The University of Colorado is committed to equal opportunity and affirmative action. Preston Neill From: Naomi Amaha <Naomi.Amaha@heart.org> Sent: Tuesday, August 28, 2018 10:43 AM To: Avon Council Web Cc: Preston Neill Subject: Comment on Ordinance 18-08 and Resolution 18-12 Follow Up Flag: Follow up Flag Status: Flagged Dear Avon City Council and Deputy Town Manager, I hope this message finds you well. My name is Naomi Amaha Gollnick, and I serve as the Community Advocacy Director for the American Heart Association. I am writing you regarding Ordinance 18-08 as well as Resolution 18-12. Heart disease is the number two killers in Colorado, and we know that a leading cause of this disease is tobacco use. 15.6 % of adults and 7.0% of High School students in Colorado are current smokers. The two policies under consideration tonight could have a significant impact on reducing the number of deaths due to smoking-related illnesses in Colorado. Ordinance 18-08 establishes a tobacco retailers license law and increases the minimum purchase for tobacco products from 18 to 21 and establishes a tobacco retail licensing program. According to research in the Healthy Kids Colorado Survey, 61.1% of Eagle River Valley's high school youth under the age of 18 bought their cigarettes from a convenience, grocery, other tobacco retail store. Research also shows that kids often turn to older friends and classmates as sources of cigarettes. Increasing the tobacco age to 21 would reduce the likelihood that a high school student will be able to purchase tobacco products for other students and underage friends legally. Additionally, by raising the minimum legal sales age to 21 as a component of establishing a tobacco retail license law, the City of Avon can help ensure retailers operate legally, ethically and responsibly when it comes to preventing illegal tobacco sales to kids. If a retailer sells to youth under age to 21, it can result in a fine or suspension of a retailer's license. This type of law has proven to be effective in limiting youth access to tobacco and provides a framework for implementing and enforcing other tobacco control policies that may advance health equity by countering the tobacco industry's aggressive and predatory tactics that disproportionately target underserved communities. Please put kids first and vote on YES on Ordinance 18-08 as presented. Specific to Resolution 18-12, you are presented with three options to pose to the voters. Of the three, I urge you to support the $3 per pack tax on cigarettes, as well as a 40% on all other tobacco products tax. Research shows that raising the tax rates on cigarettes and other tobacco products will bring the additional city revenue, public health benefits, and cost savings. Conversely, a small tax increase amounts do not produce significant public health benefits or cost savings because the cigarette companies can easily offset the beneficial impact of such small increases with temporary price cuts, coupons, and other promotional discounting. Please vote YES on the $3 per pack and 40% option to increase the tax on cigarettes and other tobacco products. Thank you for your consideration of both policies. Please let me know if you have any question about any of the information provided. Best, Naomi Naomi Amaha Gollnick Community Advocacy Director SouthWest Affiliate American Heart Association 1777 S. Harrison Street, Suite 500 Denver ( CO 180210 0 303.801.4677 1 M 916.202.9298 Preston Neill From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Dear Avon Town Council, JoAnna Strother <JoAnna.Strother@lung.org> Tuesday, August 28, 2018 10:47 AM Avon Council Web Preston Neill Protect Avon Youth from Tobacco Follow up Flagged On behalf of the American Lung Association I am writing to ask you to support a sales tax on cigarettes and other tobacco products, raising the legal sales age for tobacco products to 21, and supporting a tobacco retailer licensing program. To have a significant impact on smoking rates, the American Lung Association believes that cigarettes taxes must be increased by at least $1.00 or more per pack. Increasing taxes on tobacco products is the most proven way to reduce tobacco use, which not only saves lives, it saves families, companies and taxpayers money. Furthermore, it would combat the tobacco industry's desire to attract a new, loyal generation of users and to re-engage those who have already quit. Tobacco use continues to be a leading cause of preventable death, and 30% of high school students still report using tobacco products. Recent studies indicate that at least 90% of smokers begin before the age of 21. Increasing the age of sale for tobacco products to 21 will help counter the tobacco industry's efforts. It will also help keep tobacco out of high schools, where younger teens often obtain tobacco products from older students. In addition, supporting a tobacco retail licensing program ensures that retailers operate legally, ethically and responsibly when it comes to preventing illegal tobacco sales to kids. We ask that you support these tobacco control measures to help kids stay healthy and free from tobacco addiction. Sincerely, �64—a Sln� JoAnna Strother Director, Advocacy — AZ, CO, NM, OK, TX, UT I Western Division American Lung Association 602-429-0002 1oAnna.Strother@lung.org TOBACCO -eighteen twenty-one jfancher@avon.org—Jennie Fancher, Mayor shymes@avon.org — Sarah Smith Hymes, Mayor Pro Tem mburch@avon.org — Megan Burch, Council Member mgennett@avon.org — Matt Gennett, Council Member jwolf@avon.org—Jake Wolk, Council Member sprince@avon.org — Scott Prince, Council Member aphillips@avon.org—Amy Phillips, Council Member pneill@avon.org —Preston Neill, Deputy Town Manager Avon City Council and Staff, Thank you for your continued leadership in Colorado. Your commitment to the health of your community is positively reflected by your consideration of an ordinance that would raise the minimum legal sale age of tobacco products to 21 and include licensure for enforcement. The licensure component is an integral component of a Tobacco 21 policy, as noted in your most recent council meeting, it gives the policy "teeth" to ensure that retailers in Avon are not selling a deadly product to youth. Without licensure and enforcement, a Tobacco 21 policy would not have the intended public health impact. Tobacco to 21, a national organization, works to reduce the deadly toll of smoking by advocating to raise the minimum legal sales age of tobacco products to 21 and supporting other proven tobacco control initiatives. Through our work, we have provided technical assistance to communities across the nation on this policy. The ordinance attached and provided by Deputy Town Manager Preston for second read includes many of the best practices components from a public health perspective. However, we would recommend that you strengthen the enforcement provision. Please see our recommended language below. Thank you for passing Option 3 at first read, including Tobacco 21 with licensure and a resolution for a new tobacco tax to be placed on the ballot. Below, we have provided further detail to the email summary for your policy, and our encouragement to modify the ordinance in order to make it an effective ordinance. Please do not hesitate to reach out if you have any questions before the vote. I appreciated being able to attend the work study session when your council was initially considering this policy, and commend you for being at a place where Tuesday night you will be making a vote to save lives and protect youth in your community. TOBACCO eighften twenty-one As noted in your Town Council Report from Preston Neill for Meeting 8/28/18, Public Hearing Second Reading Ordinance 18-08, Option 2 for 8/28 would be to approve the ordinance with a modification to Section 5.10.060(a) regarding "Minimum age for person handling Tobacco Products" Our position: • Acceptance of the modification made by council to revise Section 5.10.060(a) regarding those who shall be able to sell, stock, retrieve or otherwise handle tobacco products to 18. o Do not just approve at Option 2, but consider further amendments detailed below. 2. The ordinance adopting a new chapter 5.10, establishing licensing of tobacco retailers begins with a WHEREAS introduction. The sixth WHEREAS in the proposed policy begins: "WHEREAS, over 225 U.S. localities and the states of California and Hawaii have enacted into law regulations..." Our position: • The WHEREAS should read: "WHEREAS, over 330 U.S. localities, the states of Hawaii, California, New Jersey, Maine, Oregon, and Massachusetts, the District of Columbia and the U.S. territory of Guam have enacted into law regulations...." o This allow for the inclusion of the most up-to-date information at time of adoption on policy. The WHEREAS statement included in the policy lists where the policy adoption was well over a year ago (likely taken from another community's policy language). 3. Section 5.10.130 Compliance monitoring sections (b), (c), and (d) give discretion to the police on when to do compliance checks and only mandates each Tobacco Product Retailer be inspected two (2) times per (12) month period. Our position: Request modification to revise Section 5.10.130 Compliance monitoring (b), (c), and (d) to include at least two under -age unannounced compliance checks per Tobacco Product Retailer per year are conducted, with reinspection(s) of all non-compliant Tobacco Product Retailers within three (3) months of any violation. o There is a substantial and important difference between a retail "inspection" and a retail "compliance check". An under -age compliance check is what assures that retailers are not selling to those underage. A simple mandated "inspection" (5.10.130 (c) serves little to no purpose at enforcing the intent of the Tobacco 21 TOBACCO eighteen twenty-one law. Without the mandate, communities often do not conduct the appropriate number of compliance checks to assure efficacy of the policy. In the policy currently, age compliance checks are done when the Avon Police Department "deems appropriate" (5.10.130 (d)), with no mandated requirement. Without mandatory under age compliance checks, retailers have no fear of penalties actually being imposed and no way to get to a point where fines, suspension or revocation of license can actually occur. Again, mandated "inspections" are simply not enough (as the policy currently reads). The $500 License should be used to fund the law's administration, compliance and education, including providing adequate funding for accountability by two (2) underage, unannounced compliance checks per twelve (12) month period of each Tobacco Product Retailer and a reinspection for all non-compliant retailers. RECOMMENDED AMMENDMENT LANGUAGE: 5.10.130 Compliance monitoring. (a) Compliance monitoring of this Chapter shall be by the Avon Police Department, as the Avon Police Department (or its designee) deems appropriate. (s} LLThe Avon Police Department shall 4&pest be responsible to conduct, or have conducted on its behalf, underage, unannounced compliance checks for each Tobacco Product Retailer at least two (2) times per twelve (12) month period, with a mandatory reinspection(s) of all non-compliant Tobacco Product Retailers within three (3) months of any violation. Nothing in this paragraph shall create a right of action in any Licensee or other Person against the Town or its agents. A ( Compliance checks shall be conducted as the n„nn Dnlino Department deems appropriate so as to to determine, at a MiRiMUM, if the Tobacco Product Retailer is conducting business in a manner that complies with laws regulating access to Tobacco Products in this chapter. When the AveR POI*Ge Departmentd`ems-apprepraate,4The compliance checks shall also determine compliance with other laws applicable to Tobacco Products. 4. Section 5.10.030 Definitions Tobacco Product excludes "as a cessation product” from its definition. Our position: *ightm twenty-one Request modification to revise Section 5.10.030 Definitions Tobacco Product to include "as a cessation product" in the sentence: "Tobacco Product does not include drugs, devices or combination products authorized for sale [as a cessation product] by the Unites States Food and Drug Administration..." o You have included the "cessation product" term in your definition of Electronic Smoking Device but it was omitted from your definition of Tobacco Product in the products not included in this policy. Likely just in error. 5. Section 5.10.130 Compliance monitoring shall be by the Avon Police Department Our position: Our organization advocates for compliance monitoring to be done by the local health departments, rather than the police department. This is a policy about the public health of your community and as such, should be administered and enforced by the public health department. Our national perspective is that public health departments take ownership and have a far better understanding of the health impact should a retailer be violating the policy. That said, we respect the uniqueness of each jurisdiction, and your decision on that authority to a governmental agency, as long as compliance checks (as detailed above) are mandated. 6. Town Council Report from Preston Neill for Meeting 8/28/18, Resolution 18-12, Submitting to the electorate a question to seek authority to increase taxes on the sale of tobacco products Our position: Support of council action to place Resolution 18-12 on the November 2018 Ballot o Option 1: Tax increases of less than $1.00 per pack are unlikely to produce significant public health benefit, so if you intention is simply to make up lost tobacco tax revenues by the state, and not have a impact on public health, this is the best option. o Option 2 & Option 3: Every 10% cigarette price increase reduces youth smoking rates by 6.5% and total consumption by 4%. The higher the tax, the better the outcome to public health. We defer to your political assessment of the feasibilities of a $2.00 (Option 2) or $3.00 tax (Option 3), understanding we would always encourage the highest amount for public health impact. As the tax on cigarettes increase from Option 2 to Option 3, the tax on all other tobacco products remains constant at 40% in both options — this is concerning. We do not want to incentivize other tobacco product use, so if Option 3 is selected, adjustment considerations should be given on other tobacco products incrementally, as appropriate. TOBACCO eighteen twenty-one Thank you again for voting to move forward Option 3 at first read, Tobacco 21 with licensure, and a ballot resolution for a new tobacco tax. Respectfully, Ginny Chadwick Katherine Ungar Western Regional Director Executive Director Tobacco to 21 Tobacco to 21