A retailer that sells cigarettes to kids has to get caught in the act eight times in two years before it could lose its tobacco sales license, and even then revocation is unlikely.
But a Peninsula lawmaker introduced legislation Friday intended to close what he described as a loophole big enough to "drive a tobacco truck through." Assemblyman Jerry Hill, D-San Mateo, said AB 1301 would allow for a merchant to have his license suspended after thee violations in two years. Getting caught selling to kids five times in five years would make a store eligible for permit revocation.
The assemblyman's law would also get rid of a provision in the current law that requires a certain number of retailers be caught in a particular year before any licenses can be taken away. The magic number of store owners, as assessed by a yearly state department of health survey, is 13 percent. That threshold hasn't been hit since 2006, according to state records.
Hill, while speaking to about 45 elementary school kids at the Mid-Peninsula Boys and Girls Club center in San Mateo, said the current law makes it almost impossible to crack down on retailers who sell to young people.
"I'm sensitive to the fact that the state has a lot of big issues going," he said, while flanked by a dozen San Mateo County law enforcement officials. "But when you look at the youth that are here today, you can't help but feel compelled to act."
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