Over 90% of county businesses comply with tobacco laws
01:55, 2008-Jun-30
During a recent tobacco enforcement “sting” in
Delta County, slightly more than 90 percent of Delta County businesses passed
with flying colors — refusing to sell cigarettes or chewing tobacco without
proper identification.
On July 1, a state law goes into effect requiring
employees to card anyone who appears to be under the age of 30.
The new legislation clarifies previous regulations which stated that anyone who
“knowingly” sells tobacco products to anyone under the age of 18 could be held
criminally liable.
According to Larry Mullen, a criminal investigator with the state
liquor/tobacco enforcement unit, a Palisade woman who was cited for unlawfully
selling tobacco to a minor claimed she did not do so “knowingly” because she
never asked the customer for identification.
The employee who violates the law can be fined for the sale, as well as the
failure to ask for ID, Mullen said.
Mullen was a speaker at a Delta County Tobacco Education Coalition meeting on
Friday, June 20.
Earlier in the meeting, Karen O’Brien, tobacco education coordinator for Delta
County, gave an overview of the many incentives offered to teens, new moms and
adults who want to quit smoking.
“Those are the carrots,” Mullen said. “My job is the stick side.”
During the course of his career with the Colorado Department of Revenue, the
former cop has visited virtually every store on the Western Slope which sells
tobacco products. He uses teens under the legal age of 18 as decoys in his
“sting” operations. In Delta County, he sent females into the stores to try to
purchase cigarettes.
“Delta County did much better than I expected,” he said, adding that females
tend to be turned down more than males.
As a state, Colorado has to demonstrate that 80 percent of the time underage
purchases of tobacco products are denied. The requirement stems from the
tobacco litigation which resulted in billions of dollars targeted for tobacco
education and cessation. The states involved in the settlement, including
Colorado, must demonstrate that a significant portion of the settlement funds
are being used to attack the public health problem posed by tobacco use.
Mullen says his enforcement team visits every store in Delta County at least
once year, and returns in 90 days to re-check violators.
According to the Healthy Kids survey conducted in Delta County last fall, 50
percent of middle and high schoolers find it’s pretty easy to purchase tobacco.
NY Looking For Ways to Tax Cigarettes on Reservations
23:19, 2008-Jun-22
New York State lawmakers are considering a
different way to collect taxes from cigarettes sold on Indian reservations.
Native Americans say they don't have to charge New York State taxes on
cigarettes because they're on sovereign territory. But some state lawmakers,
including Antoine Thompson, say they want to level the playing field for stores
in New York that do collect taxes.
One potential plan is to make it illegal for cigarette manufacturers to sell to
wholesalers that sell to tax-free stores on reservations.
Thompson, a Democrat from Western New York, says lawmakers including himself
are considering further "bold" ideas, including charging the
non-Indian customers a sales tax once they leave Native territory. He says one
idea is to set up a mechanism around Indian territory where consumers would be
asked whether they made any purchases. Consumers would either pay the tax at
that point, or risk being charged with tax evasion if they don't declare their
cigarette purchase.
Thompson also says these proposals or eventual laws could convince all the
affected parties, including the Senecas, to work toward a compromise.
No word tonight on whether the Senecas would entertain a compromise, but the
leaders of the sovereign nation have not considered a compromise before.
Online Fine Wines, Tobacco
06:11, 2008-Mar-18
When asked to which states her employer was legally allowed to ship its product, Jessie Carrico said it would probably be easier to list the states it can't be shipped.
Until just recently, the Baroda, Mich.-based Round Barn Winery wine couldn't even ship cigarettes product just across the nearby state line.
"We were really struggling to get to Indiana. We just got our permit recently," said Carrico, an employee in the tasting room at Round Barn. "We weren't allowed there for the longest time."
While wineries have had trouble shipping to Indiana in recent years, the practice is gaining steam nationwide as local growers are finding customers all over the country.
Of the 50 states, Round Barn ships to only 18, as well as to Washington, D.C. Their roster, though, is growing. That's thanks in part to changes in laws like the one that allowed out-of-state wineries to begin shipping to Indiana.
Indiana Alcohol and Tobacco Commission Manager Shirley Kirby said laws restricting wineries from shipping directly to customers changed two years ago, opening up a new line of profit.
"We had a three-tier law in Indiana in which the manufacturer had to ship directly to a wholesaler who then would ship to a retailer," she said. "Now the law has reversed. Wineries like those now can direct ship to individuals."
Kirby said the winery must have not sold to a wholesaler within the past 120 days and must secure a surety bond and pay a yearly fee of $100 to be able to ship directly to individuals.
"Our out-of-state business is growing," Carrico said. "Our popularity is growing, so it helps to be able to ship to people in so many different states."
The market on mail- or Internet-order premium items hasn't been cornered by wineries, but by cigar sellers, as well. Wholesalers like North Carolina-based J.R. Cigars and Thompson Cigars make millions each year shipping premium cigars throughout the world.
Their selections are vast and their prices are usually competitive, so much so that at times they give private cigar store owners a run for their money.
Maj. Robin Poindexter, with the Indiana Excise Police, said a 24-percent tax is called the "other cigarettes products" tax, or OTP, and it's charged to wholesalers and distributors and collected by the state department of revenue.
It was introduced in the 1990s after several of the nation's most prominent tobacco companies settled several high-dollar lawsuits.
Poindexter said the tax shouldn't necessarily push online sales. The state of Indiana requires online sellers to keep track of Indiana residents who buy through them then give the buyers' information to the state.
The state then sends buyers a bill requiring the pay the taxes that weren't paid at the time of purchase.
"Now whether or not they do, that is a different story," Poindexter said. "I can't speak to how effective it is, but that's the intent, to somehow level the playing field."