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2017-453-Minutes for Meeting July 17,2017 Recorded 8/4/2017Recorded in Deschutes County Nancy Blankenship, County Clerk Commissioners' Journal CJ2017-453 08/04/2017 8:51:50 AM 1111111104muumiuoiunii For Recording Stamp Only Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97703-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS Allen Conference Room MONDAY, JULY 17, 2017 Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; and Sharon Ross, Board Executive Secretary and two citizens. No representatives of the media were in attendance. CALL TO ORDER: Chair Baney opened the meeting at 1:32 p.m. ACTION ITEMS 1. Think Wild Fee Waiver Request Nick Lelack, Community Development Director, presented the application and fee waiver request for consideration. The request from Think Wild is to waive land use planning fees to establish a wildlife rescue and rehabilitation center. The fee waiver policy states a waiver may be granted if the findings include either a hardship is encountered by a non-profit organization or if all avenues have been exhausted in a case where the public can benefit. Commissioner Baney notes the public good but typically for a non-profit there would be a challenge on the property causing a hardship and this is not apparent though it seems a noble effort. She also suggested Minutes of Board of Commissioners' Work Session July 17, 2017 Page 1 of 4 other avenues to assist the group. The Board at this time feels the tming is not right for a fee waiver. Information will be sent to the organization for future opportunities for discretionary grants. 2. Economic Development Licensure Fiscal Impact Analysis Judith Ure, Management AnalystJon Stark of Economic Development for Central Oregon (EDCO) / Redmond Economic Development and Ryan Culp of Sunriver/La Pine EDCO presented the economic development loan request for consideration. MedLine Renewal received a $28,000 loan in 2015 to create 28 new jobs by July 27, 2017. Due to delays in construction of a new facility, the company was unable to reach its target. The due diligence committee has reviewed this program request and recommends approval. Now in the new building they have the ability to add the additional staff and services. The Board expressed support. 3. Public Health Workforce Interests and Needs Survey: Research to Action Model Policies and Practices Challenges Dave lnbody and Katie Pineda, Health Department presented for the Board's consideration of approval the submission of a proposal for funding for a program which identifies areas in public health relative to workforce development. Retention rates in the department were declining and a new welcoming program was created in response to that concern. The program takes new employees of Health Services through a week of orientation to the department and required trainings. Commissioner Baney inquired on the use of the funds if awarded. Mr. Inbody noted the hope is to feed it back into workforce development. Commissioner Henderson suggested waitingto see ifthe program has a good track record for at least one year to show retention prior to seeking funding. Mr. Inbody commented he has already submitted the paperwork. Mr. Kropp noted the department contact him and explained the grant policy does note paperwork may be submitted ifthere is a fast approaching deadline. Commissioner DeBone commented on the need to be aware of grant dollars passing through the County. Commissioner Baney noted the request before the Board shouldn't then state the department is asking for the Board's consideration of approval to submit the proposal. Commissioner Baney noted for the future assessment to gauge the time and effort with the program and if it is streamlined showing a cost savings. Minutes of Board of Commissioners' Work Session July 17, 2017 Page 2 of 4 4. Tobacco Retail Licensure Fiscal Impact Analysis — Results and Recommendations Tom Kuhn, Penny Pritchard, Eric Mone, George Conway and Stephanie Young -Peterson, Jodi Burch and Nathan Boddie presented the findings from the fiscal impact analysis on the Tobacco Retail Licensure. The group presented the update on the timeline of the Strategies for Policy and Environmental Change grant work since 2015. The fiscal impact report and key findings were reviewed. An environmental scan was completed including 107 retailers in Deschutes County. Oregon does not have a statewide tobacco retail licensing system. Discussion held on the ease of minors to access tobacco. Consideration of licensing fees and inspections were reviewed with the counties of Lane, Multnomah, and Klamath. Nathan Boddie noted the discussion with Deschutes County was planned prior to the City of Bend discussion. Within the City of Bend business licensing there is no enforcement for compliance inspection services with the retailers. The work group asked the Board to consider several options imposing an annual license fee. The concern is with minor compliance checks at the retail shops. Commissioner Baney spoke on enforcement and continuity and should be a coordinated effort with our cities. Commissioner DeBone would like to know the tobacco prevention issues coming from the state and feels this is also a statewide discussion. The Board requested information regarding health concerns for Deschutes County relative to tobacco use and how the program would be measured for success. Commissioner Baney was excused from the meeting at 3:31 p.m. for another meeting. 5. Lot of Record Comprehensive Amendment Update Adam Smith, Assistant Legal Counsel, presented on the lot of record comprehensive amendment update. Mr. Smith is working on a draft to present to the Planning Commission next week. As a general rule, statute or case law requires lots or parcels to be lawfully created before certain permits may be issued. Mr. Smith reviewed the objectives. Mr. Smith explained the goal is to move away from the term "Lot of Record" and the draft for the County Code deletes the phrase. Rather than stand-alone determination trying to push back to context of permits. Options for discretion to not require verification were: (1) only when required by state law; (2) land use permits if minimum lot size not met; (3) land use permits, structural permits, and non -emergency septic permits if minimum lot size not met; (4) land use permits, building permits, and non -emergency septic permits if minimum lot size not met; or (5) all land use permits, building permits, and non -emergency septic permits. The current draft would be a combination of option 2 and 3. Commissioner Henderson doesn't like the "unit of land" Minutes of Board of Commissioners' Work Session July 17, 2017 Page 3 of 4 definition and doesn't feel troubleci with the term "lot of record" Commissioner Henderson atso commented on the complex wording in the draft code. Commissioner DeBone commented the draft that is just evolving and asks the discussion come back to the Work Session that is scheduled tomorrow afternoon. OTHER ITEMS • Commissioner Henderson asked for a conversation with Commissioner DeBone on reviewing meeting minutes. • Commissioner Henderson inquired on the status of roofing company quotes for the fairgrounds. Mr. Kropp stated he would bring the information to the Board once it is available. ADJOURN: Being no further discussion, the meeting adjourned at 4:12 p.m. DATED this Day of Board of Commissioners. ATT ST: Minutes af Board of Commissioners' Work Session 2017 for the Deschutes County ^-- ./ Chair) (a.L-e.,4 — Anthony De8une,Vice Chair w m Philip G. Hende " on, Commissioner July 17, 2017 Page 4 of 4 -k 0 Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 PM, MONDAY, JULY 17, 2017 Allen Conference Room - Deschutes Services Building, 2ND Floor 1300 NW Wall Street — Bend Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to cancellation without notice. This meeting is open to the public and interested citizens are invited to attend. Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed, although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work Sessions are not normally video or audio recorded, but written minutes are taken for the record. CALL TO ORDER ACTION ITEMS 1 Think Wild Fee Waiver Request - Nick Lelack, Community Development Director 2. Economic Development Loan Request - Judith Ure, Management Analyst 3. Tobacco Retail Licensure Fiscal Impact Analysis --Results and Recommendations - Thomas Kuhn, Health Services 4. Public Health Workforce Interests and Needs Survey: Research to Action Model Policies and Practices Challenge - Dave lnbody, Deputy Director 5. Lot of Record Comprehensive Amendment Update - Adam Smith, Legal EXECUTIVE SESSION At any time during the meeting, an executive session could be called to address issues relating to ORS 192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories. Executive sessions are closed to the public; however, with few exceptions and under specific guidelines, are open to the media. Board of Commissioners Work Session Agenda Monday, July 17, 2017 Page 1 of 2 OTHER ITEMS These can be any items not included on the agenda that the Commissioners wish to discuss as part of the meeting, pursuant to ORS 192.640. ADJOURN oiDeschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541) 617-4747. FUTURE MEETINGS: Additional meeting dates available at www.deschutes.ora/meetinacalendar (Please note: Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting, please call 388-6572.) Board of Commissioners Work Session Agenda Monday, July 17, 2017 Page 2 of 2 E-MAIL ADDRESS WORK SESSION w0 a a rsi MAILING ADDRESS CITY D c\f (PLEASE PRINT) z PLEASE RETURN TO BOCC SECRETARY Deschutes County Board of Commissioners 1300 NW WaII St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of July 17, 2017 DATE: July 11, 2017 FROM: Nick Lelack, Community Development, 541-385-1708 TITLE OF AGENDA ITEM: Think Wild Fee Waiver Request PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Nick Lelack SUMMARY: Fee waiver of conditional use permit application by Think Wild. Community Development Department Planning Division Building Safety Division Environmental Soils Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM TO: Board of County Commissioners FROM: Nick Lelack, Director DATE: July 17, 2017 RE: Blanket Fee Waiver Request — Think Wild Summary The purpose of this work session is to consider a Fee Waiver Request from the Think Wild. The request, submitted by Karon V. Johnson, is to waive land use planning fees (Conditional Use Permit and Site Plan Review) up to $7,445 to establish a wildlife rescue and rehabilitation center, including a hotline, transport, and education services. (Note: The fees increased to approximately $7,630 on July 1, 2017) The center would be sited on a 3.9 acre property zoned Multiple Use Agricultural -10 at the corner of Erickson and Neff roads, approximately three miles northeast of Bend. The applicable Fee Waiver Policies are: 4 (B). The request is from a non-profit organization that has encountered an extraordinary hardship that could not have been anticipated in planning for and funding the project, and the fee waiver will benefit the community. 8. The Board of County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted." The request highlights Think Wild's background, purpose, services, donations and plans. It also states that the non-profit has "no current source of income," has "less than $7,000 in the bank" necessary to pay "basic bills," and "cannot afford to pay the CUP fees." It further states, "Once operating, we believe the public will provide financial support for ongoing operations, as there is a large need and interest in the community for our services." It concludes by stating, "we need to know, as a first step in starting up the facility, whether the County will issue a CUP. Until we know that, we can't expect the public to make the sort of financial commitment to the facility which is necessary to make it a first-class center for wildlife rehabilitation." Requested Board Action Staff seeks a Board decision to: (1) Approve the fee waiver in the amount of $7,445/$7,630 and find that the action is in the public benefit; or (2) Approve a partial fee waiver and find that the action is in the public benefit; or (3) Deny the fee waiver request. Quality Services Performed with Pride W1 LD RECEIVED A piacefor wadi* education, rescue and rehabilitation in Central Oregon. j' Deschutes County CDD June 19, 2017 Mr. Nick Lelack, AICP Community Development Department 117 NW Lafayette Bend, OR 97701 Re: Fee Waiver of conditional use permit application by Think Wild Dear Mr, Lelack, Think Wild is an Oregon nonprofit corporation with 501(c)(3) status. We were founded in 2013 under the name High Desert Wildlife Rescue and Rehabilitation. Think Wild owns property located at the corner of Neff and Erickson Road, Tax Lot 1100 on Deschutes County Assessor's map 171330000. The land is zoned MUA. The land includes a house and several outbuildings, does not currently house any animals. Think Wild is considering submitting an application for a conditional use permit to Deschutes County, and this letter is to request a waiver of the permit fees in advance of submitting an application. Think Wild was founded in 2013 by a wildlife biologist and licensed veterinarian specializing in raptors and other wildlife. Their work is presently being carried on by Dr. Byron Maas and a board of dedicated wildlife lovers. Our corporate purpose is to address critical needs in the wildlife community, including the following: EDUCATION The statistics from our Think Wild's first three years of operation indicate that 70% of the animals brought in for rehabilitation were orphaned or injured due to conflicts with humans. People "rescue" orphans THINK WILD A place for wild4fe education, rescue and rehabilitation in Central Oregon 6241° Erickson Road, Bend, Oregon 97701 v, thin ioe 41?6,Lor,i::. 54, 1-241-8060 which should have been left alone; they burn brush without ensuring that no little ones are hidden there; they mow grass without thought to nesting birds; they fail to watch out for deer, with often fatal consequences for both driver and animal. There is no comprehensive educational program in Central Oregon dedicated to minimizing this conduct through education. We think it vital that the public better understand how such conflicts can be minimized. HOTLINE AND TRANSPORT One of the central tenants of our mission is the operation of a wildlife hotline. Before High Desert Wildlife began operation, there was no central telephone number the public could call if they found an animal in distress. People with an injured bird, for example, would look up qualified wildlife rehabilitators online, then call one facility to another trying to find someone to take it in. There are several dedicated wildlife rehabbers in Central Oregon, but they are all specialists and limit both the number and species of animals they admit. Thus, the rehabber doing song birds does not care for raptors or mammals; the rehabber doing raptors does not accept songbirds or mammals, etc. Think Wild's hotline is dedicated to the entire region; our number is on file with the High Desert Museum, the Sunriver Nature Center, and city and county law enforcement agencies. We screen the calls to determine if animals need help or should be left along, arrange pickup and transportation if needed, and direct the animal to a licensed rehabilitator with capacity to care for the animal prior to releasing it back to the wild. We have also established a network of veterinarians to receive and treat injured animals before they are remanded to rehabbers for personalized care. Together, all these resources reduce the number of animals that need rehabilitation and optimize the use of all regional rehabilitation resources. A hotline is a unique and vital tool better to serve both the public and Central Oregon wildlife. RESCUE & REHABILITATION Cages and flight pens for rehabilitation already exist at our facility on Erickson Road. We are currently seeking federal and state permits that will allow us to care for raptors. The staff will include licensed wildlife rehabbers who have passed the Oregon Fish & Wildlife Department examinations for specialized species, and who are supported by dedicated volunteers. An important part of our mission to date has been support for law enforcement and environmental agencies. In 2015 we received over 40 animals from the Deschutes County Sheriff's Office; in 2016 we received over 20, and responded to several of their calls for assistance. The Think Wild's property consists of 3.9 acres of land, numerous cages, and a 70 -year-old house with one wood fireplace for heat. Since we are a non-profit organization, the large CUP application fees would cut into the funds that we have available to operate the facility and to provide everything necessary for the proper rescue and rehabilitation of wildlife. Raptors in particular are very expensive, given that they need to be fed boxes of frozen rodents. On March 9, 2017, I met with William Groves to review our application. He advised me that the current fees are as follows: $2,730 Conditional Use Application $3,690 Site Plan $ 925 Notice to neighbors $ 100. 200 square feet of structure $ 7,445 I have already obtained a site plan through an online service which I believe meets the county's criteria. Accordingly, I am requesting that the County Development Department waive the fees for applying for a conditional land use permit. The application is attached hereto. I have also included a copy of the site plan for the property. We appreciate this is a lot of money, but Think Wild's services are critically needed in Central Oregon and our property is uniquely suited to become an outstanding asset for Deschutes County: 3 1) The size of our property allows for the future rehabilitation of multiple species. For example, songbirds and mammals are naturally uncomfortable when they are in close proximity to raptors. Our 3.9 acres would allow the separation of the facilities for different species to reduce this natural stress. 2) Our property is located only three miles east of Bend and close to Hwy 20, providing easy access for transporting animals from Bend and elsewhere in the County. We are close to professionals who can offer medical and long-term services to wildlife. 3) The property is relatively quiet. Other than the traffic on Neff and Erickson roads, the only sounds are of nature—an ideal situation to reduce the stress on recuperating animals. 4) The land is not ideal for agricultural uses. A few years ago I walked the property with the manager of a hay co-op, in the hope that we could raise some money by temporarily using two acres of the property for some farming enterprise. The answer was discouraging: two acres simply is not big enough to support any profitable agricultural enterprise. The property is also located on a somewhat busy intersection with industrialized uses on the other corners (electrical systems and solar farms.) I would be glad to meet with you to discuss what sort of information you would need to further consider this request. Thank you for your consideration. Sincerely, aur (iron V. John/son Secretary, HDWRR (218) 839-1346 karonjguam@gmail.com Encl: Site Plan 4 nt Demi Itt,o, tax WS 117 NW Lyettitif Avenue Send, Citegen 91108400$ Pth bet. Oat.) .657$ far. (541'1 BOS-1?6,4 fittp://emirip.tle$,chtfte$,,o.rrycd FEE WAIVER REQUEST FORM Nam 0 ladividuatiOrganir 7 ///.t.IVeZe. Adtice„*.:2i/(4?„,4',-7/c .cilyistateizo, 644 Type of Permit abet Fees: 1 Buildirea $ I Subsurface ?77c" „3,tr Planning s.,„ Other: $„ Total amount of fee(s) requested to no waived: The applicant snail proviatt a written explanation of tile request and ekplain why one or m wow tim vilitifirgt. The tkequeQ wilt be revtmed 49. the Community Deivuiepmeot Dir be r, 'WOE+ d Within ten -(10) busineNg days. ,111 tat mug be matte qualify for a Fes Waiver criteria Drive wt11 The opparlaat tneetg the 4riter`ta (tit indig4nay and Ot lent one of Om fokiowin9 c4ttitins, 1, ems Omit be otabliched iuy the tirteniof thordstrii) T)Tee.ss ettichohl Oster to Affidavit of Indigence arid Request for Fee Waiver form), 1. The is ar.t immediate need of the Crelltrikelity EIXOCOrif$ PublVe health or safety., Grartfinj the tee *ever wtorriefe a lOng•term efficiency for * Code Enforcerment issue, regaest i frOm a nonprofit, <24ganizotion that i encountered se extraordmaiv nardAttip which tould not fiave been anticipated in Warming for arm funding of** piled; and The tee waive.;wilbenefit tine corriMuriity. (MOTE ; The Community Devefopment Director may require performence or community exertriai4 itt:it Sam. el crab of the waived fee.s.'i • s 4 *Or renerufs services to prOWC4 the tpiaidy Samos POrpixtttitfl r6 cS 0 0 0 • 0 1 .= c 0 u) LU co 0 0 .. N • 1-4 0 • () (1) < 0 0 rts 0 0 0. 0 0 tn 0 EL w —3 Ci) 0 11 -.1111 00.00C 1 15— :53c, -17 21 '44 -pp uoswpg 1 1 i1/4 T I 00 00C uos.yayg i LD A place for wildlife education, rescue and rehabilitation in Central Oregon, Mr. Nick Lelack, AICP Community Development Department 117 NW Lafayette Avenue Bend, OR 97701 June 27, 2017 Re: Fee Waiver of conditional use permit application by Think Wild Dear Mr. Lelack, Thank you for your reply concerning Think Wild's application for a conditional use fee waiver. Following is our response to your questions concerning facts which would support a finding of extraordinary hardship which could not have been anticipated in planning for and funding the project, and how the fee waiver would benefit the community. 1) In early 2013, Dr. Jeff Cooney and Jeannette Bonomo were operating a wildlife rehabilitation facility out of their home. The size of the property severely restricted the number of animals they could treat. They were contacted by the representatives for Mr. Thomas Aspel, who owned the Erickson Road property. Mr. Aspel had recently suffered a stroke and was permanently disabled. Because Mr. Aspel would never be able to return to his property, he wished to donate it to a charitable organization engaged in wildlife rehabilitation. His gift was gratefully accepted, because its location and size is ideal to fulfill this essential need in Deschutes County. There was no planning for or funding for the project because the property was not purchased; rather, it was an unexpected gift, deeded to the charitable organization entirely without cost. 2) We are a registered 501(c)(3) non-profit corporation with no current source of income. We have less than $7,000 in the bank at the moment. This money is needed to pay the basic bills for electricity, water, insurance, etc., on the property while we work through the various permitting processes with the County, State and Federal governments. We cannot afford to pay the CUP fees and drain the bank account of money needed to pay the basic bills. , THINK WILD A place, for wildly fe education, rescue and rehabilitation in Central Oregon 62,110 Erickson Road, Bend, Oregon 97701 ?runr.tltr!r!!'t tl;lua<0 5+1-,211-8060 3) The efforts to develop the project are being handled by a group of volunteer professionals (veterinarians, accountants, lawyers, animal specialists, Internet and marketing specialists), who are all donating extensive time to the project for free. 4) Once operating, we believe the public will provide financial support for ongoing operations, as there is a large need and interest in the community for our services. However, we are limited in seeking substantial funding until we know whether the county will support operations through the issuance of a CUP. We have extensive plans to renovate and update the facility to satisfy all the applicable regulations, both for wildlife care and to make the building useful. Once we have all permits in place, we will engage in larger fundraising campaign to pay for physical renovation and operating costs. Thus, we are presently "between a rock and a hard place," in that we need to know, as a first step in starting up the facility, whether the County will issue a CUP. Until we know that, we can't expect the public to make the sort of financial commitment to the facility which is necessary to make it a first-class center for wildlife rehabilitation. I would be glad to meet with you to provide whatever further documentation, plans, etc., you believe may be necessary. Also, we would very much like to be present at the County Board meeting which considers our request. Sincerely, afa-L- Karon V. Johnson Secretary, HDWRR (218) 839-1346 karonjguam@gmail.com Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://www.deschutes.org/cdd FEE WAIVER POLICY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit, and land use permit fee waiver requests to the Community Development Director and County Administrator (DDC 13.08, 15.04.160 and 22.08.010). The Board of County Commissioners of Deschutes County has delegated full authority to the Community Development Department (CDD) Director to administer this policy, with the exception of Items #7 and #8. POLICY GUIDELINES: 1. Fee waivers under this policy provide a public benefit. 2. With the adoption of this policy and continuing with each budget, an amount not to exceed $5,000 shall be set aside into a hardship account within the CDD budget from any savings of budgeted expenses or excess revenue. 3. When money is available in the hardship account of CDD, the CDD Director may authorize fee waivers in amounts not to exceed the fee waiver budget each year. 4. The CDD Director shall find an applicant meets one of the following criteria in granting fee waivers: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached as Exhibit "A." 1. There is an immediate need of the services of the Community Development Department to protect the applicant's or the public's health or safety. 2. Granting the waiver will create a long-term efficiency of a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship that could not have been anticipated in planning for and funding of the project, and the fee waiver will benefit the community. (NOTE: Community Service may be required by the CDD Director for some or all of the waived fees.) 5. Fee Waiver requests covered above shall be submitted on a form provided by CDD. Applicant shall provide a written explanation of the request and explain why one or more of the above criteria are satisfied. The request will be delivered to the CDD Director for review and decision. 6. The applicant may appeal the CDD Director's decision to the Deschutes County Administrator. The applicant may appeal the Deschutes County Administrator's decision to the Board of County Commissioners. 7. The Board of County Commissioners may issue blanket fee waivers, subject to the above criterion, for classes of hardship such as catastrophic fire. 8. The Boarof County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. FINANCIAL HARDSHIP Some property owners or other responsible persons who lack the financial ability to obtain permits and approvals to pay fees established by the County for Community Development Services may receive relief. The procedure for establishing financia hardships is set forth below: Procedure: In cases where the applicant appears to have insufficient resources to pay fees, the applicant may apply to qualify for financial or other assistance within available resources and under the following procedures. 1. Criteria for lndigency To qualify for assistance under this section, the applicant or other responsible person must demonstrate a substantial financial hardship that makes paying the required fees impractical. 2. Fee Reduction/Waiver An applicant may apply for a reduction or waiver of CDD development fees for permits. The decision to reduce or waive development fees will be made by the CDD Director, considering the following factors: A. The degree of the applicartt's indigency; B. The cost of the development permit(s) or approval(s) required; C. Funds available for fee reductions/waivers in CDD's budget or in any other available funds; and O. Other assistance available in the community. 3. Community Service in Lieu of Fees Upon a finding of indigency, the CDD Director may order community service at the rate of $10.00 per hour in lieu of some or all waived fees. A period of time shall be established in which the community service shall be completed. Fee WaivePolicy and Form 1/2008. Rev. 1/2012 Page 2 ES Q Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://www.deschutes.org/cdd AFFIDAVIT OF INDIGENCE AND REQUEST FOR FEE WAIVER This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2). APPLICANT'S NAME: I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development Services because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family. The following information is true to the best of my knowledge and belief. I ask the CDD Director to use the information to decide whether I may receive a fee waiver at public expense. I understand I may be required to document or verify this information. 1. PERSONAL Name (print): Phone: ( ) Residence Address: City/State/Zip: Mailing Address (if different): City/State/Zip: Date of Birth: Social Security No. [ ] Male [ ] Female Mo/Day/Year Marital Status: [ ] Married [ ] Single [ ] Divorced [ ] Separated [ ]Widowed [ ]Other: Complete the following information for everyone living in your household: Name Relationship Age Monthly Income **Staff Use Only** Description of fees to be waived: Est. Amount: $ Fee Waiver Approved: [ ] Yes [ ] No _ Director, Community Development Dept. Comments: / / Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 3 2. EMPLOYMENT AND INCOME Present Employer Address: Hourly wage $ How Long City/State/Zip: Occupation Phone: ( Average Hrs./Week: Net (after tax) monthly income: If unemployed, how long since you were employed: Previous Employer: How Long: Occupation: Address Phone ( ) Spouse's Employer: How Long: Occupation: Address Phone ( Hourly Wage $ Average Hrs./Week: If unemployed, how long since spouse was employed: Other income for you and spouse, dependents or household members (example: unemployment, retirement, public assistance, child support, worker's compensation, disability, Source of Income (Describe) Amount How Long Received How Net (after tax) monthly income: Other household members who help pay for your living expenses: Name Amount Payment for What 3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS Cash Available: Savings Acc't. No: Checking Acc't. No: Other Acc't. No: Real Estate: Address, City Balance: $ Balance: $ Balance: $ Value Amount Owed Bank/Branch Office: Bank/Branch Office: Bank/Branch Office: Social Security, etc.) Often Received Describe Equity Payments Made Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 4 Credit CarName/Bank Account Number Expiration Date Motor Vehicle Make/Year Value Amount OweEquity Payments Made Are any of these motor vehicles used for work (other than driving to and from work)? [ ]Yen[ No All other property or assets (example: funniture, boata, guns, jewelry, tools, etc.): Description Value Description Value Money owed to you or spouse by others (example, tax refund, trust, judgment, etc.): Name of Debtor 4. MONTHLY EXPENSES Amount OweDate Payment Expected List all expenses that are paid monthty by you, individually, or by you, jointly with spouse: Rent/Mortgage: $ Car: $ Child Support $ Utilities: $ Insurance: $ Court Order: $ Credit Card: $ Medical: $ Other: $ 1 am willing to perform Community Service to offset the public cost of my request. I unable to perform Community Service for the following reasons: |oertify that the above information is true and correcto the besof my knowledge and belief. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 5 Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR877O1'1825 (541)3O8-6575'Fax [541]385'17G4 hmp://mxmvxdeechuuaaorg/ndd RELEASE TO OBTAIN(CONFIDENTIAL) INFORMATION FOR VERIFICATION APPLICANT'S NAME: | understand that the County may verify my employmenand financial situation to determine my eligibility for a fee waiver. | understand that some of the information riecessary for this verification is contained in records that are protected under federal and state laws. 1 have therefore signed this release which allows public and private organizations and individuals to provide the County or its designee with requested information. |underatand that organizations and individuals which may be contacted include but are not limited to: a Social Security Administration * State Department of Reveue o Mortgage Holder • Department of Motor Vehicles o Employment Division(s) • Utility Companies • Worker's Compensation Disability Provider n Adult and Family Services Division • Landlords • Private Disability lnsurance Provider • Private Life lnsurance Provider o Past Employers • Release Assistance Office • Credit Card Holders • Credit Bureaus • Schools and Colleges • Banks, Savings & Loans, Credit Unions (requesting savings, otocka, bonds, checking, loan and credit information including copies of applications) • Other: By signing this release, | specifically authorize the County or its designee to directly contact my current employer by telephone or in writing, and to release and utilize my address as needed by the Board of County Commissioners or its designee. Applicant Signature Date Fee WaivePolicy and Form 1/2006. Rev. 1/2012 Page 6 Name of (ndividual/Organization: Address: Community Development Department Planning Division 117NVV Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 FEE WAIVER REQUEST FORM ..- TypeofPermdnndFeoa: [ ] Building $ [ 1 Restaurant $ [ 1 Other: $ Total amount of fee(s) requested to be waived: $ City/State/Zip: Phone: ( ) [ ] Planning $ [ ] Subsurface Sewage $ The applicant shall provide a written explanation of the request and explain why one or more of the criteria below are satisfied. The request will be reviewed by the Community Development Director and a response will be provded within ten (10) business days. Criteria that must be met to qualify for a Fee Waiver: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached (refer to Affidavit of Indigence and Request for Fee Waiver form). 1. There is an immediate need of the Community Development Department's services to protect the applicant's or public's health or safety. 2. Granting the fee waiver wilcreate a tong -term efficiency for a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the community. (NOTE: The Community Development Director may require performance of community services for some or alt of the waived fees.) Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 7 Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, OR 97701-1925 [541) 388-6575 - Fax (541) 385-1764 http://www.deschutes,org/cdd FEE WAIVER POLICY Effective January 4, 2006, the Deschutes County Board of Commissioners approved Ordinance Nos. 2006-001, 2006-002 and 2006-003, delegating authority to administer and approve septic permit, building permit, and land use permit fee waiver requests to the Community Development Director and County Administrator (DDC 13.08, 15.04.160 and 22.08.010). The Board of County Commissioners of Deschutes County has delegated full authority to the Community Development Department (CDD) Director to administer this policy, with the exception of Items #7 and #8. POLICY GUIDELINES: 1. Fee waivers under this policy provide a public benefit. 2. With the adoption of this policy and continuing with each budget, an amount not to exceed $5,000 shall be set aside into a hardship account within the CDD budget from any savings of budgeted expenses or excess revenue. 3. When money is available in the hardship account of CDD, the CDD Director may authorize fee waivers in amounts not to exceed the fee waiver budget each year. 4. The CDD Director shall find an applicant meets one of the following criteria in granting fee waivers: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached as Exhibit "A." 1. There is an immediate need of the services of the Community Development Department to protect the applicant's or the public's health or safety. 2. Granting the waiver will create a long-term efficiency of a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship that could not have been anticipated in planning for and funding of the project, and the fee waiver will benefit the community. (NOTE: Community Service may be required by the CDD Director for some or all of the waived fees.) 5. Fee Waiver requests covered above shall be submitted on a form provided by CDD. Applicant shall provide a written explanation of the request and explain why one or more of the above criteria are satisfied. The request will be delivered to the CDD Director for review and decision. O. The applicant may appeal the CDD Director's decision to the Deschutes County Administrator. The applicant may appeal the Deschutes County Administrator's decision to the Board of County Commissioners. 7. The Board of County Commissioners may issue blanket fee wakmm, subject to the above criterion, for classes of hardship such as catastrophic fire. 8. The Boarof County Commissioners may waive fees in any other case where the public benefit is served and other remedies have been exhausted. FINANCIAL HARDSHIP Some property owners or other responsible persons who lack the financial ability to obtain permits and approvals to pay fees established by the County for Community Development Services may receive relief. The procedure for establishing financial hardships is set forth below: Procedure: In case where the app!icant appears to have insufficient resources to pay fees, the appicant may apply to qualify for financial or other assistance within available resources and under the following procedures. 1. Criteria for Indigency To qualify for assistance under this section, the applicant or other responsible person must demonstrate a substantial financial hardship that makes paying the required fees impractical. 2. Fee Reduction/Waiver An applicant may apply for a reduction or waiver of CDD development fees for permits. The decision to reduce or waive development fees will be made by the CDD Director, considering the following factors: A. The degree of the appiicant's indigency; B. The cost of the development permit(s) or approval(s) required; C. Funds available for fee reductions/waivers in CDD's budget or in any other available funds; and D. Other assistance avaiijabie in the community. 3. Community Service in Lieu of Fees Upon a finding of indigency, the CDD Director may order community service at the rate of $10.00 per hour in lieu of some or all waived fees. A period of time shall be established in which the Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 2 Community Development Department Planning Division 117NVVLafayette Avenue, Bend, OR877O1'1825 (541)3B8-6575'Fax (541)385'17G4 hmp://wxmvxdeschutes.org/cdd AFFIDAVIT OF AND REQUEST FOR FEE WAIVER This information is submitted in confidence and is not subject to public disclosure (ORS 192.502(2). APPLICANT'S NAME: I, the undersigned, am requesting a waiver of Deschutes County Fees for Community Development Services because I cannot pay at this time without causing substantial hardship to myself and/or my dependent family. The following information is true to the best of my knowledge and belief. | ask the CDD Director to use the information to decide whether | may receive a fee waiver at public expense. ( understand | may be required to document or verify this information. 1. PERSONAL Name (print): Phone: () Residence Address: City/State/Zip: Mailing Address (if different): City/State/Zip: Date of Birth: Mo/Day/Year Social Security No. [ ] Male [ ]Female Marital Status: [ ] Married [ ] Single [ ] Divorced [ ]8oparated [ ]Widowed [ 'Other Complete the foHowing information for everyone living in your household: Name Relationship Age Monthly Income **Staff Use Only** Description of fees to be waived: Est. Amount: $ Comments: iJirector, Community Development Dept.Date L/__ Fee Waiver Policy and Form 1/2006, Rev1/2012 Page 3 2. EMPLOYMENT AND INCOME Present Employer Address:City/State/Zip: Hourly wage $ How Long Occupation Average Hrs./Week: Net (after tax) monthiy income: If unemployed, how long since you were employed: Previous Employer: How Long: Address Phone Spouse's Employer: How Long: Address Phone Hourly Wage $ AverageHm./Naok Net (after tax) monthly income: If unempioyed, how ong sirice spouse was employed: Other income for you and npouny, dependents or household members (example: Social Genuhty, unemployment, retinemant, public assistance, child support, worker's oompennation, disability, etc.) Source of ncome (Describe) Amount How Long Received How Often Received Occupation: ---- Oooupution: ) Other household members who help pay for your living expenses: Name Amount Payment for What Describe 3. PROPERTY AND ASSETS OWNED BY YOU, SPOUSE AND DEPENDENTS Cash Available: Savings Acc't. No: Checking Acc't. No: Other Acc't. No: Balance: $ Balance: $ Balance: $ Bank/Branch Office: Bank/Branch Office: Bank/Branch Office: Real Estate: Address, City Value Amount Owed Equity Payments Made Fee Waiver Policy and Form 1/2006, Rev, 1/2012 Page 4 Credit Card Name/Bank Account Number Expiration Date Motor Vehicle Make/Year Value Amount Owed Equity Payments Made Are any of these motor vehicles used for work (other than driving to and from work)? [ ] Yes [ ] No All other property or assets (example: furniture, boats, guns, jewelry, tools, etc.): Description Value Description Value Money owed to you or spouse by others (example, tax refund, trust, judgment, etc.): Name of Debtor 4. MONTHLY EXPENSES Amount Owed Date Payment Expected List all expenses that are paid monthly by you, individually, or by you, jointly with spouse: Rent/Mortgage: $ Car: $ Child Support $ Utilities: $ Insurance: $ Court Order: $ Credit Card: $ Medical: $ Other: $ am willing to perform Community Service to offset the public cost of my request. unable to perform Community Service for the following reasons: I certify that the above information is true and correct to the best of my knowledge and belief. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 5 Community Development Department Planning Division 117 NW Lafayette Avenue, Bend, DR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://www.deschutes.org/cdd RELEASE TO OBTAIN INFORMATION FOR VERIFICATION (CONFIDENTIAL) APPLICANT'S NAME: I understand that the County may verify my employment and financial situation to determine my eligibility for a fee waiver. I understand that some of the information necessary for this verification is contained in records that are protected under federal and state laws. I have therefore signed this release which allows public and private organizations and individuals to provide the County or its designee with requested information. I understand that organizations and individuals which may be contacted include but are not limited to: • Social Security Administration • State Department of Revenue • Mortgage Holder • Department of Motor Vehicles • Employment Division(s) • Utility Companies • Worker's Compensation Disability Provider • Adult and Family Services Division ■ Landlords • Private Disability Insurance Provider • Private Life Insurance Provider • Past Employers • Release Assistance Office • Credit Card Holders • Credit Bureaus • Schools and Colleges • Banks, Savings & Loans, Credit Unions (requesting savings, stocks, bonds, checking, loan and credit information including copies of applications) ■ Other: By signing this release, I specifically authorize the County or its designee to directly contact my current employer by telephone or in writing, and to release and utilize my address as needed by the Board of County Commissioners or its designee. Applicant Signature Date Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 6 -TES 0 Community Development Department -< Planning Division Name of Individual/Organization: Address: 117 NW Lafayette Avenue, Bend, OR 97701-1925 (541) 388-6575 - Fax (541) 385-1764 http://www.deschutes.org/cdd FEE WAIVER REQUEST FORM City/State/Zip: Phone: ( ) Type of Permit and Fees: [ ] Building $ [ ] Planning $ [ ] Restaurant $ [ ] Subsurface Sewage $ [ ] Other: $ Total amount of fee(s) requested to be waived: $ The applicant shall provide a written explanation of the request and explain why one or more of the criteria below are satisfied. The request will be reviewed by the Community Development Director and a response will be provided within ten (10) business days. Criteria that must be met to qualify for a Fee Waiver: A. The applicant meets the criteria for indigency and at least one of the following conditions. Indigence shall be established by the financial hardship process attached (refer to Affidavit of Indigence and Request for Fee Waiver form). 1. There is an immediate need of the Community Development Department's services to protect the applicant's or public's health or safety. 2. Granting the fee waiver will create a long-term efficiency for a Code Enforcement issue. B. The request is from a nonprofit organization that has encountered an extraordinary hardship which could not have been anticipated in planning for and funding of the project; and the fee waiver will benefit the community. (NOTE: The Community Development Director may require performance of community services for some or all of the waived fees.) Fee Waiver Policy and Form 1/2006, Rev. 1/2012 Page 7 Deschutes County Board of Commissioners 1300 NW WaII St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of July 17, 2017 DATE: July 12, 2017 FROM: Judith Ure, Administrative Services, 541-330-4627 TITLE OF AGENDA ITEM: Economic Development Loan Request PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Jon Stark of Economic Development for Central Oregon (EDCO)/Redmond Economic Development, Inc. (REDI) and Judith Ure SUMMARY: Deschutes County, in partnership with EDCO operates an Economic Development Loan program for the purpose of providing funds to businesses that are seeking to create new, family -wage jobs within the community. Since the program's inception, the County has made approximately $927,000 available in loans for the purpose of creating 705 new jobs. Loans are conditioned upon the business creating the new jobs within 24 months, then maintaining them for a consecutive 12 -month period. If these terms are met, the loan may be converted to a grant that does not require repayment. If not (and if the Board does not approve an extension), all or a portion of the funds must be repaid with 8% interest per annum. Loans are made from the Economic Development Loan Fund (105) which currently has an unencumbered cash balance of approximately $182,000. MedLine Renewal, a medical device company located in Redmond, received a loan in the amount of $28,000 in 2015 to create 28 new jobs by July 27, 2017. Due to delays in construction of a new facility, the company has not yet reached its target. EDCO is recommending to the Board of Commissioners that the job creation period be extended to March 13, 2018. Details of that recommendation are included in the attached briefing paper. RECOMMENDATION & ACTION REQUESTED: Consider extension of loan made in 2015 to Medline ReNewal. BRIEFING PAPER Medline ReNewal Request to Extend the Maintenance Period by 1 year Overview: Approved Loan Fund Amount: $28,000 Application Date: March 13, 2015 Original Maintenance Period: 28 new employees within 24 months of March 13, 2015 Baseline Employment (at application): 150 Employment March 13`'' 2017 (scheduled start of maintenance): 166 Employment on June 23, 2017 (after move): 172 Industry: Medical Device, Reprocessing Website: ww\v.inedlinerenewal.com Detail: Medline ReNewal is a medical device company in Redmond, OR. that reconditions used medical devices to OEM specifications, packaging, and sterilization. These devices are then sold back to the customer for significant cost savings. In March 2015, the company applied for and received a $28,000 grant from the Deschutes County Economic Development Loan Fund for the creation of 28 jobs by March 13, 2017. At the time of application, the firm believed it would be operational in its new building by December, 2016. Due to severe winter weather that caused construction delays, the company just moved the last of its employees and began operating in the new facility in May, 2017. With no room in its previous facilities to put new personnel, the company has just recently began hiring again. Today, the firm employs 172 people and will continue to hire through the remainder of this year. EDCO Recommendation: A due diligence committee met with Steve Bettis at Medline on June 23rd, 2017 to review the performance of the contract, further understand the situation, determine if an extension of the hiring period was warranted, and review the company's financial statements. The committee, which included Joe Centanni of Capstone CPA's, Travis Browning of Bank of the Cascades and Jon Stark of EDCO, supports a 1 -year extension for the following reasons: • The new building provides the needed physical space to add employees where the previous facilities did not; • Current employment is 172, just six jobs short of meeting the original employment threshold of the agreement; • The company is acquiring some previously outsourced processing due to increased capacity at the new plant which will require additional workforce; • The company is winning business from its competitors and adding new accounts due to increased capability and capacity; and • The company is adding eight new products to its list of over 3,000 FDA approved products for processing. EDCO recommends a 1 -year extension of the maintenance period, ending on March 13, 2018 with the following conditions: • Company employs 178 FTE in Deschutes County by March 13, 2018 and maintains that employment for a 12 month period before March 13, 2019. • Company provides quarterly employment updates and the ability to inspect complete financial statements from award date through termination of the yet -to -be executed agreement with Deschutes County. Failure to meet the above provisions would result in partial or full repayment of the loan, on a pro -rated basis, with interest. G WaF\�... .; -Ao ,, A -< Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of July 17, 2017 DATE: July 12, 2017 FROM: Dave Inbody, Health Services, TITLE OF AGENDA ITEM: Public Health Workforce Interests and Needs Survey: Research to Action Model Policies and Practices Challenge PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Dave Inbody, Deputy Director Administrative Services, Deschutes County Health Services; Katie Pineda, Project Manager, Deschutes County Health Services SUMMARY: The Public Health Workforce Interests and Needs Survey (PH WINS): Research to Action Model Policies and Practices Challenge allows state, territorial, and freely -associated state health agencies and local health departments to identify and submit successful and innovative workforce development policies and practices for an award recognizing the policy or practice as a model for other agencies and departments to adapt and implement. Deschutes County Health Services sought to create a meaningful and educational new employee orientation and onboarding process, and raise new employee satisfaction. Submitting a PH WINS proposal will allow this new process to be included in a database to facilitate the sharing of best practices with other state health agencies and local health departments, and could result in a financial award to the department. RECOMMENDATION & ACTION REQUESTED: Staff recommend approval to submit this proposal for this financial award. 411111111 mit *wane. Assodaflon of State and Territorial Health Offlcials ouCrystal Drive, Suite m*Arlington, Virginia 222m Phone: 202-3o-90m`Fax: 571-527-3189 Web, www,astiro,org de Beaumont 7501 Wisconsin Surtvm100 Frether,dv, MD 20014 Pt 301.94115800 F: 301.941.5802 REQUEST FOR PROPOSALS (RFP) PH and Practices Challenge 1. Summary Information Purpose: The AsmiatkonnfStateandTerhtoha|HeahhOf0dals (ASTHO) and the de Beaumont Foundation seek exemplary model policies and practices related to workforce development in state and Iocal health agencies. Proposal Due Date and Time: 11:59pm EDT, July 7, 2017 Selection Announcement Date: Sept. 20, 2017 at the ASTHO Annual Meeting in Washington, D.C. Monetary Assistance Available to Awardees: Approximately 3 prizes of $10,000 will be provided, with one prize to the top state/territorial policy or practice, one prize for the top local policy or practice, and one prize for best overall policy or practice. Maximum Funding Amount: $10,000 Eligibility: State, territorial, and freely -associated state health agencies in good standing with ASTHO, and local health departments in good standing with the National Association of County and City Health Officials (NACCHO) are eligible to apply. States and Big Cities Health Coalition cities that were selected for and participated in the PH WINS: Research to Action Learning Collaborative are welcome to submit policies and practices for inclusion in the database but are not eligible to receive a prize. Eligible agencies may submit multiple applications with one policy or practice per application. However, if an eligible agency submits multiple applications, only one application may be awarded a prize. ASTHO Point of Contact: Kyle Bogaert, MPH, director of workforce research (kbogaert@stho.org) 11, Description of RFP Purpose ASTHO and the de Beaumont Foundation seek submissions from interested state health agencies and local health departments to apply for the Model Policies and Practices Challenge. The challenge will allow for state health agencies and local health departments to identify and submit successful and innovative workforce development policies and practices for an award recognizing the policy or practice as a model for other agencies and departments to adapt and implement. Examples of topics may include succession planning, fostering innovation and creativity, equitable recruitment and hiring practices, and workforce development and support, among others. ASTHO and the de Beaumont Foundation will recognize the best state/territorial, local, and overall policies or practices submitted with a financial prize. Policies and practices submitted for the challenge will be categorized by topic, and included in a database to facilitate the sharing of best practices with other state health agencies and local health departments. The goal of the database is to provide examples for agencies to adapt and implement in their own agency. srhorm Association of State and Territorial Health Officials 2231 Crystal Drive, Suite 450; Arlington, Virginia 22202 Phone: 202-371-9090 • Fax: 571-527-3189 Web: www.astho.org Background de Beaumont 7501 Wiseox in Ax, -roue, &ute: 1310E 8ethu,d.,, MD 20014 9: 301 961 0000 9: 301.941.50002 The National Academies of Sciences, Engineering, and Medicine's (formerly known as the Institute of Medicine) 2002 report, The Future of the Public's Health in the 215f Century, made three broad recommendations about the United States governmental public health workforce: 1. All governmental public health professionals engaged in providing essential public health services should be able to demonstrate mastery of relevant core competencies. 2. Congress should provide additional federal funding for workforce development. 3. Governmental agencies should make leadership training, support, and development a priority. No single agency has taken the lead for the public workforce to address these recommendations in any substantial way. The Public Health Workforce Interests and Needs Survey (PH WINS), a product of the partnership between ASTHO and the de Beaumont Foundation, was the first step to gather the necessary data to address the IOM's recommendations. Data from PH WINS provides the concrete evidence on a national level to identify current problems and future directions. For example, we are now able to say that 38 percent of the state health agency workforce plans to leave their organization before 2020, and with our help, agencies can now prepare for it. Previous studies relied on retirement eligibility to predict turnover, but PH WINS is based on individual workers' expressed intentions, and is therefore more likely to represent actual turnover. PH WINS also revealed that public health workers have not mastered competencies related to policy development, management, and the social determinants of health, but are eager to learn. PH WINS has given us a map to use with our partners, and take action. 111. Financial Award Approximately 3 prizes of a fixed price of $10,000 will be awarded, contingent upon funding. One prize will be awarded to the top state/territorial policy or practice, one prize for the top local policy or practice, and one prize for best overall policy or practice. Agencies identified as winning one of the prizes must be able to provide the name, title, address, telephone number, and email address of the primary programmatic and lead financial contacts upon notification of selection. IV. Required Content and Selection Criteria Agencies must supply a copy of the policy or complete description of the practice nominated for the prize, including the date the policy was implemented and the date of its last review. Additionally, a narrative that addresses the key components identified below must be included. Narrative text may not exceed 6 pages in length, and should be 11 point font. Appendices are not required, but may be submitted as appropriate and will not count against the 6 page limit. Proposals must include all components listed below to be considered. A. Identifying Key Staff (10 points): Include the contact information for the lead programmatic contact person (name, address, e-mail, and telephone number). Include Association of State and Territorial Health Officials 2231 Crystal Drive, Suite 450; Arlington, Virginia 22202 Phone: 202-371-9090 • Fax: 571-527-3189 Web: www.astho.org de Beaumont 7501 Wisconsin Ammae, Swte 1310 Bothxxda, MD 20814 P: 301.961 0800 F: 301.961.0802 information about how critical personnel are designated to facilitate the model policy or practice within the health agency, how efforts are dedicated towards identifying the key staff, and how key staff provide policy or practice support to ensure optimal success. B. Senior Leadership Engagement and Support (15 points): Include information about senior leadership involvement and commitment to the policy or practice, and to what degree senior level personnel support the policy or practice. C. Review Process (5 points): Include information about a regular review process of the policy or practice to ensure it is regularly updated. D. Communication Process to Staff (10 points): Include information about how the policy or practice is communicated to current and new staff and whether the processes allow for two-way feedback and questions. E. Innovative or creative approach taken (20 points): Address how the policy or practice cultivates innovation or creativity at the agency or how the policy or practice addresses a workforce challenge in a creative or innovative way. F. Relevant partners (10 points): Include information on internal or external partners relevant to the policy or practice who are engaged. G. Evaluation (10 points): Describe monitoring and evaluation of the policy or practice that have been completed. Include information about any established benchmarks for the success of the policy or practice, and any data related to quality improvement as it relates to the policy or practice. H. Impact (20 points): Include information related to measurable impact or ongoing improvement due to the policy or procedure, and information about how the impact or improvement is measured. I. Lessons learned (not scored): Include lessons learned from developing, implementing, and/or evaluating the policy or practice at the agency. V. Submission Information Application Procedure: ASTHO must receive applications by 11:59pm EDT, July 7, 2017. Please submit an electronic copy of the application to Kyle Bogaert, Director of Workforce Research, at kbogaert@astho.org. Incomplete applications or applications received after the deadline will not be considered. Timeline • Thursday June 8, 2017: RFP released • 11:59pm EDT, Friday July 7, 2017: Deadline for submission of applications • August24-25, 2017: Winners contacted • September20, 2017: Awardees announced • October 315, 2017: Disbursement of prize Selection Process Two ASTHO staff members, one de Beaumont Foundation staff member, and experts in the field of public health workforce development will independently review and score each complete and timely application using the selection criteria. Association of State and Territodal Heath Officials onCrystal Drive, Suite m*Arlington, Virginia 22202 Phone: 20un-9090`Fax: r1-5zmom0: 301./61.5800 Web: www.astho.org de Beaumont 75011A55consin Av,nuo,SM. m100 Bettie:9.k MD 20814 0, 301.961.5802 ASTHO and its panel of experts will convene a review session during which reviewers will discuss their scores and assessmentof reviewed applications. ASTHO staff reviewing each apptication will come to a consensus on scoring. A prize will be given to the top statejterritorial health agency submission, top local health department submission, and the best overall submission. Applicants will be notified of their selection status in mid-August, and will be recognized at the ASTHO Annual Meeting on Sept. 20, 2017. Applicant Questions and Guidance Interested parties may contact Kyle Bogaert, director of workforce research (kbogaertPastho.o/g). Disclaimer Notice This RFP is not binding on ASTHO, nor does it constitute a contractual offer. Without limiting the foregoing, ASTHO reserves the right, in its sole discretion, to reject any or all proposals; to modify, supplement, or cancel the REP; to waive any deviation from the RFP; to negotiate regarding any proposal; and to negotiate finat terms and conditions that may differ from those stated in the RFP. Under no circumstances shall ASTHO be Iiabte for any costs incurred by any person in connection with the preparation and submission of a response to this RFP. Deschutes County Health Services New Employee Orientation Process In 2016, the Deschutes County Health Services Department performed an in-depth quality improvement project focusing on our new employee onboarding experience. This effort was led by our Workforce Development Committee made up of approximately 18 employees representing a broad variety of programs and teams across the organization. The primary focus of the group during the summer of 2016 was dedicated to building a new orientation program which is referred to as "Welcome Week." Key Staff: Lead Contact Person Katie Pineda Project Manager Deschutes County Health Services katie. oineda0tdesch utes.ora (541) 322 -7426 1 x.7426 2577 NE Courtney Drive 1 Bend, Oregon 97701 The monthly orientation process is facilitated in partnership by a number of individuals as follows: • Welcome Week Ambassador - We allow our department employees, regardless of their position, to apply for the role of Welcome Week Ambassador. Each month, a different ambassador is selected. This role is reserved for our front line employees. The ambassador acts as the new employee orientation facilitator. The idea behind this was to not only provide a peer- to-peer onboarding experience, but to also offer development opportunities to the ambassadors. Ambassadors receive training in advance and are provided a facilitators guide for the week. • New Employee Trainers — New employees receive 8 different internal department trainings during the Welcome Week. Each of these is facilitated by a per -determined subject matter expert. • Other Department Trainings — New employees receive 2 trainings facilitated by other county departments during Welcome Week. These include Human Resources and Risk Management. Senior Leadership Support: The implementation of this new orientation program required a great deal of leadership support. Primarily because the revisions to our orientation process included moving from a 4 hour orientation model, to a full 5 day work week. Without the support of our leadership team, this would not have been possible. Furthermore, our senior leadership team takes a full hour each month to be present for a "meet and greet" with our new staff. In feedback surveys, the new employees consistently tell us that this is one of the highlights of their week. Review Process: We solicit feedback on the process regularly to help us make continuous quality improvements through the following channels: • Monthly post -orientation surveys from our new employees • Quarterly surveys from the Ambassadors • Quarterly surveys to the direct supervisors from the new employees • Annual process reviews Adjustments are made on an almost monthly basis in response to the feedback we receive. Some of these changes have become our Welcome Week highlights. Communication Processes: We send out communications to our existing staff both through email and through our department newsletters to promote our Ambassador program and encourage employees to apply. Supervisors sending new employees through Welcome Week are asked to attend a one hour meeting each month prior to the week during which we cover in detail what their role is and how they can help to support us in providing the best possible experience to our new employees. Prior to the first day of Welcome Week, new employees are receiving all communications through Human Resources and through their direct supervisor. On the first day of Welcome Week, they are introduced to their Ambassador and provided a binder full of tools and resources to guide them through their onboarding. Innovation &Creativity: We are very proud of our Welcome Week, Please see also the storyboard that we are provinR for additional detail. Our ultimate goal in this project was to improve our department culture by way of energizing all of the new employees coming into our department. We wanted to provide such an impactful experience that the energy from these new employees would become contagious and have a positive impact throughout the organization. One of our departmental challenges has been the breadth of the organization. This has often left programs feeling as if they are operating in a silo. In order to combat this challenge, we have embedded tours of all of our locations in the Welcome Week process. Complimentary to this are location flyers which provide an overview of each location and the programs & services which it provides. We also carved out some time on the first day of every Welcome Week to have an open discussion around what it means to be a public servant. We have found this to be the most valuable part of the week. It allows each new employee to share what brought them to the organization and what their "why" is in terms of working in public service. This has proven to be the moment when each new employee, regardless of the position, realizes that we all have one common goal across the department which is to serve our clients and community. It setthe tone for the week and leaves them feeling excited to be a part ofthe organization, working alongside each other. Relevant Partners: As previously mentionedwe partner with other departments iri the county such as Human Resources and Risk Management to deliver a comprehensive training experience. Evaluation: We have not yet reached the one year mark, but plan to perform an overall evaluation at that point to include but not limited to the following: • Original storyboard • Summary of the feedback we have received • Continual Improvement Tracking — a change log of all changes since implementation along with tlie supporting reasons. These will be presented to the Workforce Development Committee as well as the Department Managers & Supervisors. They will be given the opportunity to provide input Impact: At the point of the annual evaluation and in years to follow, we will capture the following metrics as key indicators of our success: • Retention rates for all employees who have gone through the new orientation process in contrast to previous year retention rates. • Hire rates for interns and volunteers who have gone through the new orientation process in contrast to previous years. Lessons Learned: The development and implementation process for this project was very smooth. While we have made continuous improvements to content and structure based on minor lessons learned throughout the Welcome Week, the overall process did not encounter any significant challenges. This is partially attributed to our decision to pilot the new process prior to full implementation. New Employee Orientation and Onboarding Process Improvement Qi Storyboard 6Worki PrCied.: EloployP„, Olien[onon Process ImprNmeilt, B,Jcklroond ond Results Background The Deschutes County Health Services (DOHS) orientation and on -boarding process failed to engage new employees or promote positive agency culture. This lack of positive agency culture and the poorly designed New Employee Orientation process was identified through surveys to all health services staff as well as staff reports to leadership. To remedy this and other workforce development priorities within DCHS, the workforce development committee was created. Revising and implementing an improved orientation and on -boarding process was among priority projects for the workforce development committee to implement. Aim Statement TO Create a meaningful and educational new employee orientation and on -boarding process, and raise new employee satisfaction with the orientation and on -boarding process to 85% FOR Employees at DCHS SO THAT There is improved agency culture, staff perception of DOHS improves, there is less staff turnover, agency investment in staff is more apparent, and new employees are provided with the tools and resources needed What Occurred 01 Methods Used: Process Mapping & Plan, Do, Study, Act (PDSA) 1) An email was sent to all staff to gather feedback around the DCHS orientation and on -boarding process in January, 2016 2) The survey results and the current sate process were reviewed by the workforce development committee 3) The committee identified needs and problems and brainstormed solutions 5) Work -groups began developing solutions, the "new state" process was mapped, and an action plan was developed 6) Work -groups continued to create solutions which were reviewed and tested by the committee 7) The new process was piloted in September, 2016 8) Additional areas for improvement were identified and solutions implemented 9) The new orientation and on -boarding process was implemented in October, 2016 What Occurred 01 Methods Used: Process Mapping & Plan, D©, Study, Act (PDSA) Needs Have the orientation soon after hire Have orientation over a longer period of time and break up the training Make the orientation more interactive Better planning and organization Hear from leadership A checklist for orientation/ on -boarding Information about programs/ resources A more clear description of job duties and responsibilities Information on the big picture Optional retraining/ refresher courses Solutions N7 The new employee start doles now align with orientation Created a volunteer staff ambassador, included tours of OCHS buildings and fealties, time for new employees to discuss erentation, and interactive digital scavenger hunts , fff. • ,p)g Included time in the manageinent meeting to meet new employees :),.•\(,/ • Reviewed services directory and included a resource page in the new employee packet fhe fl ind Included the DOHS organization chart with images of staff in the binder, provide an introduction of the performance management system, anci a video outlining the culture/ purpose of the agency , Future State Map/ Welcome Week Schedule Deschutes County Health Services WELCOME WEEK TUESDAY 11/1 WEDNESDAY 11/2 11 I " III1 " 8,00410t BERNE DAY LM HUMAN RESOURCES 2, • Atnaassadar Mant & Greet • E.-ink:cry nEdga & Paparwarl DO 10 HOME LOCAERSD 10:01MEIS • Sopenamw farm & Greet 1 Time t,,,th Super:is. DESK TIME i• tang SciDeci in Wn0,03ce 12100013 lumc. BREAK VIRTUAL SCAVENGER HUNT 2:B1Sprn I Go TO tif IsME, ARCS' IrSOFEL WELCOME DISCUSSION WITH AMBASSADOR ILONCL ,A S:00pm 1 BEGIN DAY 0 EICEIC BUILDING WELCOME BACK, Wrai AMBASSADOR LOCATION TOUR NEW HIRE LEMMINGS • 1nternat Retkerri Emerview 4E0 • 131,e0ty TO:0BI 1601 • Emergency breparedileas {30 LUNCH BREAK GOLD HOME LOCATION 1, DESK TIME/ iNoEPENDENT TRAINING gOdicates /ocomm change or carnmate reqpired. THURSDAY 11/3 00640 04? 0 GOONEY AL/MN FRIDAY 11/4 uuujiiiU 1 MONDAY 11/7 BEGIN DAY 0 BECKYLOHNSON EERIER 9 BEGIN DAY ( MAIN LOCALS COUNTY ORIENTATION .EM 0 BE S oar WELCOME BAC%, WITH AMEKEGADOR WELCOME BACK, WON AMBASSADOR INTERN ORIENTATION win RUE 03400 LONER 8 0044 RIALL MANAGEMENT TRAINING 60 TO MAO! IRMO.. 9 DEMME, WITICAMBASSEDOR MAN6?CMENI1EA84 mtu MItt? I OLE ST ,CIDC1S 15.,G LOCATION TOWS. NEW Lila TRAININGS • LOPAA Training (501 • Policies & Procada, Rs 160 • Safety iS0 LuNCIE BRE441 I0010 ROME LERATION 9 DESK TIME/ INDEPENDENE TRAINING LOCATION TOUR NEW HIRE THAININGS • Crisis (1•11 • Biwa i Team MO? (003 ✓ SySEEms Po'?,, mar?? (00) LUNCH BREAK GO TO 44084t LOCATION DESK TIME/ trIDEPEN DENT £4441 44166 10 18 Pre-process improvement survey results 0 t, hc1" errs. i 'wed 25 26 25 What would you change about orientadon? {There Have the orientation soon after hire Have orientation over a longer period of time and break up the training Make the orientation more interactive Better planning and organization Hear from leadership A checklist for complete orientation/ on -boarding Information about programs/ resources A more clear description of job duties and responsibilities Would like information on the big picture Optional retraining/ refresher courses 21 Not \ti 1 Post -process improvement survey results This survey was provided to all individuals who attended Welcome Week during the first 90 days since implementation. We received responses from 16 out of the 19 invited to take the survey. The amount of detail provided The amount of time spent Facilitator(s)t presenter(s) Information/ support provided by the ambassador Usefulness of the handouts Health services -specific information Job/ position -specific information Information on DCHS culture Information regarding County & DCHS policies Information regarding employee benefits Overall orientation experience /iolccf11"e `.'•Veer )N back • 30 ,r•, .: 'Corte Arrratkv Very Continual Improvement Tracking Feedback: I Received from: Some lack of support/info provided to superviscr(s) prior to Welcome Week Some lack of communicationtosupervisor throughout Welcome Week Supervisors unclear on their roles & responsibilities throughout the week Concerns around the timeline for onboarding In order to have logins,credentiahng,etc.completed on time Lackof prep/training/time to review role & materials prior to welcome week Support the Ambassador in facilitating more of the week Provide misc, info (parking, office supplies, fleet, etc.) Coffee Condense Policy Training/ Offer it in an electronic format U n 100 a 1. Enhance the Supervisor PrepTralning including a "Role of the Supervisor' document that Supervisors outlines their responsibilities, Supervisors Supervisors Supervisors Ambassador Ambassador Build in 4 emails or ' check -points" inwhich the ambassador will communicate with the supervisors 1. Provide document in training that outlines their role during weekone. 2. Send meeting invitations through Outlook to help supervisors know when they need to block out the 2 hours for 1:1 tune with their new employee, Provide a timeline cycle that will show when recruitment & selection as well as the credentialing Info should be completed in order to support the process. 1. Enhance quarterly ambassadortraining.Add "refreshers"for the 2nd & 3rd months of the quarter to ensure they are fully prepared. 1. Enhanced Training 2. Ask ambassadors toarriveearlier toallow time to prep leads prior to that day'ssegrnent. New Employees Build reference tools into binders New Employees Advise them of where they can get coffee at each location New Employees Unload the P&P to LMS system to aIow it to be revowed electronicalli by staff Deschutes County Board of Commissioners 1300 NW Wall St, Bend, OR 97703 (541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/ AGENDA REQUEST & STAFF REPORT For Board of Commissioners Work Session of July 17. 2017 DATE: July 11, 2017 FROM: Thomas Kuhn, Health Services, TITLE OF AGENDA ITEM: Tobacco Retail Licensure Fiscal Impact Analysis --Results and Recommendations PUBLIC HEARING ON THIS DATE?: No ATTENDANCE: Stephanie Young -Peterson, Senior Consultant, The Rede Group; Dr. Nathan Boddie, Bend City Councilor; Jodi Burch, Deputy Director of Central Services, City of Redmond; Susanna Julber, Senior Project & Policy Analyst, City of Bend; Tom Kuhn, Community Health Manager, Deschutes County Health Services; Jessica Jacks, Community Health Supervisor, Deschutes County Health Services; Penny Pritchard, Tobacco Coordinator, Deschutes County Health Services; Eric Mane, Environmental Health Supervisor, Deschutes County Health Services; Erik Kropp, Deputy Administrator, Deschutes County SUMMARY: In 2015, the Board of County Commissioners (BoCC) approved a request to apply for a Strategies for Policy and Environmental Change (SPArC) grant and agreed to invite all the cities in the county to help Deschutes County Health Services (DCHS) conduct a fiscal impact analysis for Tobacco Retail Licensure. This included forming a work group with city representatives to weigh in on the analysis and provide guidance. As part of the grant, DCHS staff agreed to circle back and share the recommendations and results from the Tobacco Retail Licensure Work Group with the BoCC and the city councils. DCHS would like the BoCC to provide direction on next steps for Tobacco Retail Licensure. RECOMMENDATION & ACTION REQUESTED: Staff ask that the BoCC provide direction on next steps for continuing Tobacco Retail Licensure. July 2017 Deschutes County TOBACCO RETAIL LICENSE Fiscal Impact Report REDE GROUP RESEARCH I ENGAGEMENT I STRATEGY 1�u I�y�'Yiuil:��:�il:�i:i�4�ilS►:iU�':'li�i: Acknowledgments July 2017 This report was produced by the Rede Group for Deschutes County Health Services (DCHS). Stephanie Young -Peterson, MPH Robb Hutson, MA Erin Charpentier, MFA Caralee Oakey We would like to thank the following for their contribution to this project: Penny Pritchard, MPH This project was made possible through Tobacco Master Settlement Agreement grant funding provided by the State of Oregon, Oregon Health Authority to implement tobacco prevention and education Strategies for Policy And enviRonmental Change,Tobacco-Free (SPArC Tobacco -Free). Table °~��~ Contents ��o ��~� Contents: Background & Introduction 1 Retailer Survey Findings 5 Estimation of TRL Implementation & Enforcement Costs 15 Conclusion and Committee Recommendation 21 How Other Jurisdictions are Tackling the Problem ?2 End Notes 23 Appendix: A. Timeline ofTRL policy work 26 B. Lane County TRL Ordinance 27 C. Lane County TRL Apphcation 37 D. Lane County TRL nspection Forrn 38 E. Multnomah County TRL Ordinance 39 F. Multnomah County TRL AppHcation 44 G. Multnomah County TRL Inspection Form 48 H. Klamath County TRL Ordiriance 50 1. TRL Matrix of Innovative Oregon & California Po||riea58 J. Retailer Assessment Interview Tool 60 K. Tobacco Retail Policies Logic Model 67 Background This report was created for the Deschutes County Health Services (DCHS) Tobacco Prevention & Educa- tion Program. It is a summary of the tobacco retail environment work accomplished between July 2016 - June 2017, utilizing SPArC grant funds. There are three main sections to this report: 1) The introductory section provides background information on youth tobacco use/initiation as a public health issue and the evidence base for enacting policies in the retail envi- ronment. Local efforts to address youth tobacco use, up to this point in time, are also discussed in the intro- ductory section of this report. 2) The second section of this report covers the detailed findings of the tobac- co retailer assessment conducted across Deschutes County in the fall of 2016. 3) The last section of the report describes the work of the Deschutes County Tobacco Retail Licensure Fiscal Impact Committee. A detailed description of five possible ways to imple- ment and enforce Tobacco Retail Licensure across Deschutes County is provided along with program cost estimates and Committee recommendations for moving this policy initiative forward. Tobacco use still remains the number one preventable cause of death and disease in Oregon. In Deschutes County one in five adults use tobacco' and over $50 million are spent annually on tobacco -related medical care costs.2 Tobacco addiction starts in adolescence with nine of ten adults who smoke reporting that they started before the legal smoking age of 18, and almost 100 percent starting before they turn 26.3 Deschutes Coun- ty youth currently use most types of tobacco products at a higher rate than their peers around the state. And although youth smoking rates in the state of Oregon have declined by over 60% since the inception of the statewide Tobacco Prevention Program, youth use of other tobacco and nicotine products (e -cigarette/ vaping products, large and small cigars, hookah, snuff, dip and chew) is on the rise. Nearly one in four 11th graders in Deschutes County report using tobacco products other than cigarettes.^ Many factors contribute to a youth's decision to use tobacco, including the availability, placement, and marketing of tobacco products in our communities. In Oregon, the tobacco industry spends over $111 million a year advertising its products with 91 % of this money spent on in-store, point of sale activities including price promotions and product place- ment designed to appeal to all audiences, includ- ing youth.5'6 Higher levels of tobacco marketing at the retail space, lower tobacco prices, and greater availability of tobacco coupons and promotions are associated with product uptake among middle and high school youth.' Retail marketing prompts initia- tion, promotes daily consumption, and discourages attempts to quit. Emerging research shows that another big contributor to youth tobacco use initiation is the exploding market of flavored tobacco products. Nationwide, 80% of kids who have ever used a tobacco product started with a flavored product.' Kid -friendly candy flavor- ings including fruit, bubble gum, cotton candy, and chocolate mask the harsh taste of commercial tobacco products. In an attempt to reduce youth tobacco use initiation, in 2009 the Federal Government banned flavorings, other than menthol, in cigarettes. Big and little cigars, chew and other oral tobacco products, and electronic nicotine delivery systems are not currently covered by this rule. Approximately a third of Deschutes County 11th graders report having used a flavored tobacco product.' Currently Oregon is one of only nine states that do not require tobacco retailers to hold a license. Without tobacco retail licensure, there is little the state or local government can do to influence a change in behavior among those businesses that knowingly or carelessly sell tobacco to underage youth. Minor decoy inspec- tions of tobacco retailers in Deschutes County indi- cate varying levels of compliance with "no tobacco sales to minors" laws depending upon the inspection methodology and year. In 2014 more than a quarter (26.7%) of the tobacco retailers tested in Deschutes County sold tobacco to an underage youth during inspections conducted by the Oregon Health Author- ity (OHA). It should be noted that roughly 50% of tobacco retailers are randomly chosen for an inspec- tion by the OHA on an annual basis and adult -only establishments and vaping shops have not historically been included in these inspections. 1 Introduction Deschutes County Health Services staff and community partners have, for many years, been working to reduce youth tobacco use initiation through tobacco policy, systems, and environmen- tal changes in the community. In 2015, several tobacco policy goals that focused on the retail environment were included in the Central Oregon Health Council's 2016-2019 Regional Health Improvement Plan (RHIP). The RHIP includes measurable health indicators for several priority health improvement areas, which were identified by medical professionals and community stakehold- ers during a six-month, strategic planning process throughout Crook, Deschutes, and Jefferson Coun- ties. At the completion of this planning process, the Central Oregon Health Council Board of Directors reviewed and approved the RHIP, committing to pursue the priorities, goals and strategies described in the plan. 2016 Central Oregon Health Council Board of Directors Tammy 'Raney Chair Commissioner, Deschutes County Mike Shirtdiff DMD, Vice Chair President, Advantage Dental Mike Ahern Commissioner, Jefferson County Ken Fahlgren Commissioner, Crook County Megan Haase, FNP CEO, Mosaic Medical Greg Hagfors Chair Finance Committee, CEO, Bend Memorial Clinic Stephen Mann, DO Chair, Provider Engagement Panel Central Oregon IPA Representative Linda McCoy Chair, Community Advisory Council Joseph Sluka CEO, St. Charles Health System Dan Stevens Executive VP, PacificSource Health Plans The RHIP priority areas include: Behavioral Health, Cardiovascular Health, Diabetes, Oral Health, Reproductive and Maternal/Child Health, and Social Determinants of Health. Under the 2 Cardiovascular Disease priority health area there are two measurable health indicators relating to tobacco use: 1. Decrease the prevalence of cigarette smoking among adults from 18% to 16% 2. Decrease the prevalence of smoking among 11th and 8th graders from 12% and 6%, respec- tively to 9% and 3% respectively The tobacco retail environment policy action identi- fied to help achieve the 2019 health indicator goals reads as follows: Implement a tobacco retail licensing program that will eliminate illegal sales to minors, prevent retailers from selling tobacco within 1,000 feet of schools, raise the age of purchase for tobacco to 21, and eliminate sales of flavored tobacco products. To aid in advancing the RHIP tobacco policy goal, Deschutes County Public Health applied for and won competitive Tobacco Master Settlement Agree- ment Funding (also known as the SPArC grant) from the OHA in the spring of 2016. Deschutes County's SPArC grant program plan outlined a three -pronged community engagement approach to move the concept of tobacco retail licensing and the other three identified companion policies forward: 1. Convene a work group of city (Bend, LaPine, Redmond, Sisters) and county staff to conduct a fiscal impact analysis for implementing and enforcing aTobacco Retail Licensure (TRL) program throughout Deschutes County. 2. Through one-on-one interviews with tobacco retail store owners/managers, learn more about their current efforts to keep tobacco out of the hands of youth and gain an understanding of if/ how the tobacco policies in the RHIP would impact their businesses. 3. Report the key findings from the retailer inter- views and the tobacco retail licensure fiscal impact study and committee recommendations to the Deschutes County Board of Commis- sioners and City Councils in Bend, Redmond, Sisters, and LaPine. Introduction This report summarizes the key findings of outreach efforts to the tobacco retail business community and the cost estimates for countywide (all cities and unincorporated areas) TRL implementation along with the policy recommendations of the TRL Fiscal Impact Committee members listed below. Deschutes County Tobacco Retail Licensure Fiscal Impact Committee Erik Kropp Deputy Administrator, Deschutes County Susanna Julber Senior Project & Policy Analyst, City of Bend Jodi Burch Deputy Director of Central Services, City of Redmond Dr. Nathan Boddie Physician and Bend City Councilor Eric Mone Environmental Health Supervisor, Deschutes County Health Services Thomas Kuhn Public Health Program Manager, Deschutes County Health Services Penny Pritchard Tobacco Prevention Coordinator, Deschutes County Health Services Note: Kathy Agan, former City Councilor of LaPine, served on the committee for a short time. DCHS was unable to find a replacement for her when she left the Committee in December of 2016. Additionally, due to time constraints, the City of Sisters opted out from partic- ipating in the Committee. Evidence -Based Policy in the Tobacco Retail Environment In consideration of the roll the tobacco retail envi- ronment plays in influencing youth tobacco use, an increasing number of local communities nationally and in Oregon have begun to develop and imple- ment evidence -based policy strategies for impact- ing the problem (See "How Other Jurisdictions are Tackling the Problem" on page 22 for information on TRL policies recently passed in Lane, Mult- nomah, and Klamath Counties. The county ordi- nances are located in Appendix B-H). The tobacco retail environment policy action items chosen for the Central Oregon Health Council RHIP were selected based on need as determined by local data, and on a review of the science of tobacco retail environment policy. Requiring tobacco retailers to be licensed and to meet certain requirements in order to maintain their license is a straight -forward method for reducing sales of tobacco to minors. Although tobacco sales to youth are already prohibited by state law, 17% of Oregon 11th graders who used tobacco reported obtaining it from a store or a gas station in 2013.10 Since high rates of illegal sales to minors are linked with low retailer perception of being caught and penalized," it is important to find local solutions that prioritize enforcement, even when state and federal authorities are unable to do so. By identi- fying and licensing stores that sell tobacco at the local level, licensure programs facilitate merchant education regarding new and existing rules and regulations and provide communities with a powerful tool for garnering compliance with "no sales to minors laws" and all other tobacco -related regulations. Additionally, municipalities may chose to use tobacco retail licensure as the vehicle to set limits on the location, number, and type of tobacco retailers or to further restrict the sale of some types of tobacco (candy flavors) and set new age restric- tions for the sale of tobacco (raise purchase age to 21). For example, some communities, including Lane County, Oregon, are prohibiting the issuance of licenses to new tobacco retailers near schools, citing research indicating that when there are more tobacco retailers near schools, students are more likely to smoke.12 While other states and local juris- dictions are utilizing their tobacco retail licensure systems to enforce new laws regulating a minimum tobacco purchase age of 21, a prevention strategy that the Institute of Medicine predicts will drop the number of 15-17 year old's who start to smoke by 25%.13 Please see Appendix I for a matrix of example tobacco retail environment policies and enforcement plans from innovative communities in Oregon and California. 3 It should be mentioned that not all Tobacco Retail Licensure policies and enforcement plans are creat- ed equal. A number of Oregon jurisdictions have TRL ordinances on the books from the early 90's that have not lead to a reduction in tobacco sales to minors, primarily because the license fees assessed did not cover the cost of program implementation and adequate enforcement. aasic Components of Effective Tobacco RetaH _icensure* • Require retailers to obtain a license, renewable annually, to sell tobacco products Expand the definition of "tobacco product" so the law restrictions encompass new and emerging tobacco products popular with youth such as dissolvable products and e -cigarettes or vaping devices Set the license fee at an amount sufficient to fund adequate implementation and enforcement of the law • Include monetary fines and suspension as penalties for license violations Ensure that the license is nontransferable (if a licensee changes ownership or its place of business, it must reapply for a license) Require licensees to comply with all existing federal, state, and local tobacco laws 4 *Adapted from Public Health Law Center 2012/ www.publichealthlawcenterorg 0 0 PENALTIES NON- TRANSFERABLE TOBACCO LAWS Retailer Survey Findings In the summer of 2016, Deschutes County Health Services hired the Rede Group, an Oregon -based consulting firm that specializes in advancing community health improvement initiatives, to assist in implementing the SPArC grant workplan. In addi- tion to facilitating the work of the TRL fiscal impact committee, Rede Group worked collaboratively with Deschutes County Health Services to design and conduct an assessment of local tobacco retailer's knowledge, attitudes, and beliefs with respect to youth tobacco use initiation and the tobacco retail policies proposed in the RHIP to help bring down youth tobacco use rates in Deschutes County. The 15 -question tobacco retailer survey instrument was developed based on the following parameters: Ask critical questions pertaining to TRL policy issues that are supported by local data and high- lighted in the SPArC grant workplan; Respect retailers time by limiting the interview to no longer than 30 minutes while still allowing time for them to share their perspective through several open-ended questions; Assure that a wide variety of local tobacco retailers from across Deschutes County are represented in the survey sample and guarantee anonymity to those retailers who agree to participate. In October of 2016 Rede Group recruited tobacco retailers to participate in the survey using a compre- hensive list of known tobacco retailers supplied by Deschutes County Health Services. Phone calls were made to sixty-five businesses, requesting a phone or in-person interview about tobacco sales issues with the owner or manager of the store. Potential survey participants were informed that they would be compensated for their time with a $25 VISA gift card. Of the sixty-five stores contacted 19 agreed to participate in the survey while 13 declined to partic- ipate. Five large scale national stores indicated they could not participate unless corporate headquarters gave them permission. Four stores known to sell tobacco denied that they were tobacco retailers, and the remaining stores were out of business, closed for the season, or did not respond to messages left by the Rede Group. The results from 8 phone and 11 in-person inter- views with Deschutes County tobacco retailers conducted in November of 2016 follow. The survey instrument can be found in Appendix J of this report. Retailer Locations, Types of Retail Outlets, and Types of Employees Interviewed Store Owners x5 • ��• ��• ��fi�• �� Store Managers xl4 Gas Station/ Mini Mart (5) Other (2) 5 Retailer Survey Findings Key Findings: + Approximately half of tobacco retailers interviewed do very little to train frontline staff on how to prevent illegal tobacco sales to youth from occurring. + Owners/managers have varied ways of dealing with staff who sell tobacco to minors. + The majority of tobacco retail outlet owners/managers interviewed for this survey would support TRL if it helps prevent kids from initiating use. + The majority of interviewees also support license revocation for businesses` who are found to repeatedly sell to minors. + The majority of interviewees said their business would not be impacted if TRL was put into place. More than half of the interviewees were opposed to eliminating the sale of flavored tobacco products. Vape shops, in particular, were strongly opposed as flavored vaping products are predominately what they sell. The majority of interviewees support banning the sale of tobacco products within 1,000 feet of schools, however, retailers currently located near schools were opposed to this policy concept. The majority of interviewees oppose raising the legal smoking age from 18 to 21. Employment History of Interviewees 6 months or Tess 1 year or less 1 1-3 years 3-5 years More than 5 years 6 II�d LJ uJd�aLu111LILl�dl ��'. 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Findings: Training and Protocol Training policies used to educate employees on preventing the sale of tobacco to minors: » 9 of 19 stores have no training protocol Most of these stores simply tell clerks to card anyone who looks to be under a certain age (40, 35, 27) A few stated they have a rule "no ID, no sale, no matter how old the customer looks." 10 stores indicated they require clerks to partic- ipate in some type of training, typically using Oregon Liquor Control Commission (OLCC) or We Card program materials "Our clerks are required to watch a video we have on tape called Alcohol & Tobacco Sales Training. Cashier may not make any tobacco sales by themselves without another person with them their first 4 shifts. They are taught how to card properly and how to use the scanner to check ID. We try to stay up with OLCC meetings and make people aware of new policies for the state of Oregon. We were not this strict in the past, but we've had tobacco sales to minors before, so we want to ensure that doesn't happen again." —Store Manager Mom & Pop Shop Do you feel your current training policies and programs are successful in limiting sales of tobacco and electronic nicotine delivery systems to • strongly agree somewhat agree neither agree nor disagree somewhat disagree strongly disagree Do employees at your store experience minors attempting to purchase tobacco or electronic nicotine delivery products illegally? 7 Findings: Training and Protocol Protocol used for employees selling tobacco to minors: » » 8 Seven interviewees said there would be an immediate dismissal of the offending employee Seven interviewees said the employee would be reprimanded on a first offense Four interviewees said it's never happened/we don't have a protocol One interviewee said the employee would need to go over training materials again "They will be fined by the inspecting agency and fired by us. Two years ago one of our clerks was caught selling during an FDA inspection. At that time she got off on a very strong warning, but since that incident our owners have indicated anyone caught selling tobacco to minors will be let go." —Manager Mom & Pop Shop "First time verbal warning, 2nd time written warning, 3rd time let them go." —Owner Gas Station/Mini Mart Is there anything that the Deschutes County Health Dept. could do to support your education and training efforts focused on reducing sales of tobacco and nicotine delivery systems to minors? • yes no unsure "Updated training videos or an onsite training for our staff might be nice." —Manager Grocery Store Findings: Tobacco Retail License Support If a tobacco retail license system would help prevent youth from starting to use tobacco or vaping products, would you support a licensing program? • strongly agree somewhat agree neither agree nor disagree somewhat disagree strongly disagree "We used to be known as 'easy to buy from', proper training has changed this and I do understand that when you have to pay a license fee it makes you do a better job." —Manager Mom & Pop Shop "I don't feel like having a license in place would help the problem because of my experience with OLCC alcohol licensing. My 18 year-old son bought alcohol from a store despite the fact that the store had an OLCC license." —Manager Gas Station/Mini Mart "I strongly agree. I own three stores in Bend and one in Redmond. We don't want to sell tobacco to kids, no matter what." —Owner Convenience Store "I strongly disagree. I pay the city $35 so I can sell beer, and $250 to OLCC. A tobacco license would cause retailers to sell more tobacco to minors in order to make ends meet." —Owner Gas Station/Mini Mart 9 Findings: Penalties & Business Impact Type of penalty for retailers who continually sell tobacco products to minors: » 10 Ten interviewees said the license should be revoked/they should not be allowed to sell tobacco Five interviewees said there should be a fine Three interviewees said the penalty should be similar to alcohol rules "They should be fined. Money talks. People need to think 'is it really worth it to make this one sale when there is a lot to lose?' Hit them in the pocket- book where it counts." —Manager Mom & Pop Shop "Take away their license. If the business sells more than three times, they shouldn't be able to sell tobacco." —Manager Gas Station/Mini Mart Business impact of a tobacco retail license: Ten interviewees said their business would not be impacted if they were required to pay a fee and obtain a license in order to sell tobacco Four interviewees said they would need to know the details of the TRL system in order to determine what, if any, impact it would have on their business Two interviewees said a TRL system would negatively impact their business Three interviewees did not directly answer the question "It depends, if they would im- pose a tax using the licensing system that would have a great impact. Basic TRL would not be a big issue." —Manager, Vape Shop "Sounds like more money for the government. The employ- ees are the problem, not corporate." —Manager, Mom & Pop Chain "It would impact us a little bit because we don't have a high profit margin or markup fee on tobacco." Manager, Grocery Store Findings: Flavor Ban If you knew it would reduce or prevent youth from using tobacco, would you consider discontinuing the sale of flavored tobacco and/or vaping products? • strongly agree somewhat agree neither agree nor disagree somewhat disagree strongly disagree "On a personal level, 1 somewhat agree but the high- er-ups might feel differently. We only sell mint/wintergreen chew, no vaping products." —Manager Gas Station/Mini Mart "I strongly agree, we only sell flavored cigars." —Manager Grocery Store "I'm here to make money." —Manager Mom & Pop Shop "Our cherry flavored e -ciga- rettes are a best seller and we shouldn't penalize adults who want to use flavored products." —Owner Gas Station/Mini Mart "I strongly disagree, and it wouldn't do any good anyway. When people start vaping, they use tobacco flavored vapor, not fruit/candy flavors." —Manager Vape Shop 11 Findings: Tobacco Retail License Restrictions If you knew it would reduce or prevent youth from using tobacco, would you support a policy that prohibits retailers from selling tobacco within 1,000 feet of schools? Il strongly agree somewhat agree neither agree nor disagree somewhat disagree strongly disagree "1 agree 100%. Definitely." —Manager Grocery Store 12 "I neither agree nor disagree. I know there have been issues with new schools popping up in locations where marijuana dispensaries were already established." —Manager Vape Shop "I strongly disagree. There is a charter school across the street from us and think kids will find a way to get the products regardless of whether they are sold near schools." Owner Vape Shop Findings: Raise Purchase Age for Tobacco Products to 21 Would you support increasing the purchase age for tobacco and vaping products from I8 to 21, like the purchase age for alcohol and recreational marijuana? • strongly agree somewhat agree neither agree nor disagree somewhat disagree strongly disagree "Kids are still going to get a hold of it no matter if the age is 18or21" —Manager, Grocery Store "1 don't think raising the age would make a difference. Most young kids who use tobacco get it at home. If you are old enough to be in the armed forces, you are old enough to buy tobacco." —Manager, Mom & Pop Shop "I strongly agree 100%. started chewing at the age of 13 when my grandpa gave it to me. Then when I was on the rodeo circuit as a 15 year old, Skoal would supply the riders with chew and encourage us to use it during competitions." Manager Grocery Store "I strongly agree with this. I caught one of my 18 year old employees giving tobacco to a 16 year old. Of any of the policies you have mentioned this is the one I support the most." —Manager Mom & Pop Chain 13 Findings: Posting Quit Line & Other Comments Would your store be willing to post Oregon Tobacco Quit Line information in order to support tobacco users who are interested in quitting? MI strongly agree somewhat agree neither agree nor disagree somewhat disagree strongly disagree "I somewhat disagree. I say this because of my business owner side, but then I am also a part of humanity. Do we want people to get sick and die from cancer? I would never want my own child to start smoking. I guess I am a seller of death." —Owner Mom & Pop Shop 14 Other comments for Deschutes County Health Services: "If everyone had a good training plan in place it would help this problem. I have worked in other stores that didn't train clerks to card before selling tobacco." —Manager Gas Station/Mini Mart "It's not all kids who are using vaping products. The average age of our customers is 40. These are hard working, good people. We have some 18-25 year old customers but 50- 60% are over the age of 40 and trying to quit tobacco." —Manager Vape Shop "If we quit selling poison to make a profit people would be more likely to quit and health- care costs would go down." —Manager Mom & Pop Chain Estimation of TRL Implementation & Enforcement Costs The Deschutes County Fiscal Impact Committee was charged with exploring how best to implement a Tobacco Retail Licensure system across Deschutes County, should elected officials in one or more of the local jurisdictions pursue such a policy and program. The Committee, made up of City of Bend, Deschutes, and Redmond county staff and one elected official met a total of five times between September 2016 and June 2017. During this time, the Committee determined that the most plausible way to implement TRL across the county would be to approach the elected bodies of each of the cities and ask them to sign a resolution allowing Deschutes County Health Services to act as the licensing and enforcement agent should the Board of Coun- ty Commissioners choose to enact an ordinance requiring all retailers who sell tobacco in Deschutes County cities and unincorporated areas to obtain a license to do so. This section of the report details five different options for staffing, implementing, and enforcing a countywide TRL program through Deschutes County Health Services, along with esti- mated annual license fees for the approximately 130 businesses in Deschutes County who currently sell tobacco products. TRL Fee Options At -a -Glance Option Compliance Number Inspections 1 2 3 Yes, all stores annually Yes, all stores annually No 4 No 5 No Minor Decoy Inspections Technical notes: 1. Hourly rates with fringe benefits for FY 2018 were provided by DCHS finance office. 2. The FTE for the administration secretary, TPEP staff person, and environmental health inspec- tor is informed by other counties like Lane and Multnomah who have implemented TRL. 3. Minor decoy inspection information is based on a combination of the Synar Program inspection, Reward and Reminder Program, and time it took TPEP staff person to conduct environmen- tal scans in tobacco retail stores. 4. Some implementation costs such as purchased media and marketing materials and the tobacco module addition to HealthSpace will be paid for by grant dollars. 5. The committee recommends assessing business- es who fail minor decoy checks a reinspection fee of $200 (not included in current estimate) unless the intent is to direct money received from penalties back into the TRL enforcement fund. Disclaimer: This analysis is only an estimate based on the information available at the time at the time this report was completed in May/June 2017. Total Total License Individual FTE Required Program Cost License Fee Yes, all stores twice a year .6 Yes, all stores once a year .425 Yes, all stores once a year .325 Yes, 50% of stores, annually .252 No .095 $64,023.52 $43,760.99 $34,551.35 $25,388 $8,744.34 $492.49 $336.62 $265.77 $195.29 $67.26 Table Note: Options 1-5 are listed in descending order of effectiveness relating to reducing sales of tobacco to minors. 15 Option 1: Annual Fee $492.49 (For 130 stores receiving one compliance & two minor decoy inspections annually) Title FTE/Hours Pay Rate Expense Description Tobacco .1 FTE $44.8 hr, $8,601.60 • helps with implementation, enforcement, and overall Prevention 4 hours per week includes evaluation efforts of the TRL program Coordinator benefits • coordinates with the environmental health program and other departments • writes or assists with writing grants for program needs • helps inform EH's tobacco retailer database • coordinates education efforts for businesses and general public • prepares Q &A for website about licensing • helps draft TRL application and inspections forms • recruits minors for the EH department to train • arranges minor decoy incentives • assist with minor decoy program planning • conducts annual tobacco product inspection for every tobacco retailer • documents inspections and reports information to EH admin secretary or enters it in HealthSpace • files remediation plan if violation occurs and conducts a 30 day follow up inspection with person in charge Environmental .25 FTE $42.89 hr, $20,587.20 • helps with implementation and enforcement of the TRL Health 10 hours per week includes program Administration benefits • coordinates with IT to set up the tobacco module in Secretary HealthSpace • enters tobacco retailer data in HealthSpace • helps TPEP with educating tobacco retailers and the public about TRL requirements • disseminates license renewal instructions on an annual basis • contacts businesses out of compliance, and processes licensing fees • communicates with EH inspectors and TPEP coordinator to capture inspection data • processes violations and enters suspensions in HealthSpace • processes minor decoy reimbursements • orders program materials and office supplies Environmental .25 FTE $44.03 hr, $21,134.40 • conducts two minor decoy inspections for each store Health 10 hours per week includes • trained by OLCC or Synar to conduct minor decoy inspections Inspector benefits • possibly deputized to give citations to businesses who are in violation • trains minors to conduct inspections • communicates with other departments to help draft TRL application and inspection forms • accompanies minors to stores and waits in the car while purchase is attempted • completes inspection forms and gathers evidence of violation • reports violations to administration secretary • prepares and delivers violation notices • attends hearings if businesses wish to appeal citation • coordinates follow-up minor decoy inspection of businesses that failed first inspection within 60 days of first violation • collaborates with other departments to assess program needs • delivers inspection and report information to EH admin secretary or enters in HealthSpace Minor Decoy 260 stores $10 an $5,280 • attends minor decoy inspection training by EHS II or EH Inspectors + 4 hours of hour supervisor training • must be under the age of 21 years old (depending on T21 law 2 minors passing) • if under 18 years of age, must obtain parental permission (inspecting • completes county volunteer forms and waiver to ride in together) county vehicle • accompanies an EHS II or EH supervisor inspector to stores • attempts to purchase tobacco illegally with one other minor inspector present • completes necessary paperwork for each inspection • attends hearings if businesses wish to appeal the citation, if requested Tobacco products purchased by minors: $10 x 260 stores = $2,600 Indirect cost includes legal counsel, IT support, transportation, etc. Total= $64,023.52 (10% indirect cost included) Annual Fee $492.49 16 Option 2: Annual Fee $336.62 (For 130 stores receiving one compliance & one minor decoy inspection annually) Title FTE/Hours Pay Rate Expense Description Tobacco .1 FTE $44.8 hr, $8,601.60 • helps with implementation, enforcement, and overall Prevention 4 hours per week includes evaluation efforts of the TRL program Coordinator benefits • coordinates with the environmental health program and other departments • writes or assists with writing grants for program needs • helps inform EH's tobacco retailer database • coordinates education efforts for businesses and general public • prepares Q &A for website about licensing • helps draft TRL application and inspections forms • recruits minors for the EH department to train • arranges minor decoy incentives • assist with minor decoy program planning • conducts annual tobacco product inspection for every tobacco retailer • documents inspections and reports information to EH admin secretary or enters it in HealthSpace • files remediation plan if violation occurs and conducts a 30 day follow up inspection with person in charge Environmental .125 FTE $42.89 hr, $10,293.60 • helps with implementation and enforcement of the TRL Health 5 hours per week includes program Administration benefits • coordinates with IT to set up the tobacco module in Secretary HealthSpace • enters tobacco retailer data in HealthSpace • helps TPEP with educating tobacco retailers and the public about TRL requirements • disseminates license renewal instructions on an annual basis • contacts businesses out of compliance, and processes licensing fees • communicates with EH inspectors and TPEP coordinator to capture inspection data • processes violations and enters suspensions in HealthSpace • processes minor decoy reimbursements • orders program materials and office supplies Environmental .2 FTE $44.03 hr, $16,907.52 • conducts one minor decoy inspections for each store Health 8 hours per week includes • trained by OLCC or Synar to conduct minor decoy Inspector benefits inspections • possibly deputized to give citations to businesses who are in violation • trains minors to conduct inspections • communicates with other departments to help draft TRL application and inspections forms • accompanies minors to stores and waits in the car while purchase is attempted • reports violations to administration secretary • prepares and delivers violation notices • attends hearings if businesses wish to appeal citation • collaborates with other departments to assess program needs coordinates follow-up minor decoy inspection of businesses that failed first inspection within 60 days of first violation $10 an $2,680 • attends minor decoy inspection training by EHS II or EH hour supervisor • must be under the age of 21 years old (depending on T21 law passing) • if under 18 years of age, must obtain parental permission • completes county volunteer forms and waiver to ride in county vehicle • accompanies an EHS II or EH supervisor inspector to stores • attempts to purchase tobacco illegally with one other minor inspector present • completes necessary paperwork for each inspection • attends hearings if businesses wish to appeal the citation, if requested Tobacco products purchased by minors: $10 x 260 stores = $1,300 Indirect cost includes legal counsel, IT support, transportation, etc. Total= $43,760.99 (10% indirect cost included) Annual Fee $336.62 17 Minor Decoy 130 stores Inspectors + 4 hours of training 2 minors (inspecting together) Option 3: Annual Fee $265.78 (For 130 stores receiving one minor decoy inspection annually) Title Tobacco Prevention Coordinator FTE/Hours Pay Rate Expense .0625 FTE 2.5 hours per week Environmental .0625 FTE Health 2.5 hours per Administration week Secretary Environmental .2 FTE Health 8 hours per week Inspector 11 Minor Decoy Inspectors 2 minors (inspecting together) 18 130 stores + 4 hours of training $44.8 hr, includes benefits Description $5,376 • helps with implementation, enforcement, overall evaluation efforts of the TRL program • coordinates with the environmental health program and other departments • writes or assists with writing grants for program needs • helps inform EH's tobacco retailer database • coordinates education efforts for businesses and general public • prepares Q &A for website about licensing • helps draft TRL application and inspections forms • recruits minors for the EH department to train • arranges minor decoy incentives • assists with minor decoy program planning $42.89 hr, $5,146.80 includes benefits $44.03 hr, includes benefits $10 an hour • helps with implementation and enforcement of the TRL program • coordinates with IT to set up the tobacco module in HealthSpace • enters tobacco retailer data • helps TPEP with educating tobacco retailers and the public about TRL requirements • disseminates license renewal instructions on annual basis • contacts businesses out of compliance, processes licensing fees • communicates with EH inspectors and TPEP coordinator to capture inspection data • processes violations and enters suspensions in HealthSpace • processes minor decoy reimbursements • orders program materials and office supplies $16,907.52 • conducts one minor decoy inspections for each store • trained by OLCC or Synar to conduct minor decoy inspections • possibly deputized to give citations to businesses who are in violation • trains minors to conduct inspections • communicates with other departments to help draft TRL application and inspections forms • accompanies minors to stores and waits in the car while purchase is attempted • Coordinates follow-up minor decoy inspection of businesses that failed first inspection within 60 days of first violation • reports violations to administration secretary • prepares and delivers violation notices • attends hearings if businesses wish to appeal citation • collaborates with other departments to assess program needs $2,680 • attends minor decoy inspection training by EHS 11 or EH supervisor • must be under the age of 21 years old (depending on T21 law passing) • if under 18 years of age, must obtain parental permission • completes county volunteer forms and waiver to ride in county vehicle • accompanies an EHS II or EH supervisor inspector to stores • attempts to purchase tobacco illegally with one other minor inspector present • completes necessary paperwork for each inspection • attends hearings if businesses wish to appeal the citation, if requested Tobacco products purchased by minors: $10 x 260 stores = $1,300 Indirect cost includes legal counsel, IT support, transportation, etc. Total= $34,551.35 (10% indirect cost included) Annual Fee $265.77 Option 4: Annual Fee $195.29 (For 130 stores, 50% receiving one minor decoy inspection annually) Title FTE/Hours Pay Rate Expense Description Tobacco .0625 FTE $44.8 hr, $5,376 • helps with implementation, enforcement , overall Prevention 2.5 hours per includes evaluation efforts of the TRL program Coordinator week benefits • coordinates with the environmental health program and other departments • writes or assists with writing grants for program needs • helps inform EH's tobacco retailer database • coordinates education efforts for businesses and general public • prepares Q &A for website about licensing • helps draft TRL application and inspections forms • recruits minors for the EH department to train • arranges minor decoy incentives • assists with minor decoy program planning Environmental .0625 FTE $42.89 hr, $5,146.80 • helps with implementation and enforcement of the TRL Health 2.5 hours per includes program Administration week benefits • coordinates with IT to set up the tobacco module in Secretary HealthSpace • enters tobacco retailer data • helps TPEP with educating tobacco retailers and the public about TRL requirements • disseminates license renewal instructions on annual basis • contacts businesses out of compliance, processes licensing fees • communicates with EH inspectors and TPEP coordinator to capture inspection data • processes violations and enters suspensions in HealthSpace • processes minor decoy reimbursements • orders program materials and office supplies Environmental .125 FTE $44.03 hr, $10,567.20 • conducts minor decoy inspections at 50% of stores Health 5 hours per week includes • trained by OLCC or Synar to conduct minor decoy Inspector II benefits inspections • possibly deputized to give citations to businesses who are in violation • trains minors to conduct inspections • communicates with other departments to help draft TRL application and inspections forms • accompanies minors to stores and waits in the car while purchase is attempted • reports violations to administration secretary • prepares and delivers violation notices • attends hearings if businesses wish to appeal citation • collaborates with other departments to assess program needs • coordinates follow-up minor decoy inspection of businesses that failed first inspection within 60 days of first violation Minor Decoy 65 stores$10 an $1,340 • attends minor decoy inspection training by EHS II or EH Inspectors + 4 hours of hour supervisor training • must be under the age of 21 years old (depending on T21 2 minors law passing) (inspecting • if under 18 years of age, must obtain parental permission together) • completes county volunteer forms and waiver to ride in county vehicle • accompanies an EHS II or EH supervisor inspector to stores • attempts to purchase tobacco illegally with one other minor inspector present • completes necessary paperwork for each inspection • attends hearings if businesses wish to appeal the citation, if requested Tobacco products purchased by minors: $10 x 260 stores = $650 Indirect cost includes legal counsel, IT support, transportation, etc. Total= $25,388 (10% indirect cost included) Annual Fee $195.29 19 Option 5: Annual Fee $67.26 (For 130 stores with no enforcement of licensure requirements) Title FTE/Hours Pay Rate Expense Tobacco Prevention Coordinator Environmental Health Administration Secretary .0625 FTE 2.5 hours per week .0625 FTE 2.5 hours per week Environmental .0325 FTE Health 1.25 hours per Inspector week 20 $44.8 hr, includes benefits Description $5,376 • helps inform tobacco retailer database • coordinates education efforts for businesses and general public • prepares Q &A for website about licensing • helps draft TRL application forms $42.89 hr, $5,146.80 includes benefits • helps with implementation of the TRL program • coordinates with IT to set up the tobacco module in HealthSpace • enters tobacco retailer data • helps TPEP with educating tobacco retailers and the public about TRL requirements • disseminates license renewal instructions on annual basis • contacts businesses out of compliance, processes licensing fees • orders program materials and office supplies ' $42.89 hr $2,573.40 • helps with implementation of the TRL program • coordinates with IT to set up the tobacco module in HealthSpace • enters tobacco retailer data • helps TPEP with educating tobacco retailers and the public about TRL requirements • contacts businesses out of compliance, processes licensing fees Indirect cost includes legal counsel, IT support, transportation, etc. Total= $8,744.34 (10% indirect cost included) Annual Fee $67.26 Conclusion and Committee Recommendation Conclusion In establishing an agreed upon recommenda- tion, several steps were taken by the Committee members to ensure decisions were based on accu- rate data and best practices and included input and perspective from tobacco retailers. These steps included: Data and information about youth tobacco use initiation and how the tobacco retail environ- ment influences youth; Review of policy options shown to impact youth access to tobacco and discourage youth tobacco use initiation; Tobacco retailer survey and review of results to gain understanding of how TRL is perceived by retailers and how it would impact business practices; Formulation and review of program costs based on the potential options, including staff needs, job duties, and costs associated with imple- menting and enforcing tobacco retail licensure countywide. The Committee decided to formulate a recommen- dation based on Deschutes County Health Services acting as the licensing and enforcement agent for the entire county. This recommendation was made for the following reasons: 1) the cities indicated they did not have the staff or fiscal capacity to implement a TRL program; 2) Deschutes County, as the local public health authority, could enact an ordinance requiring all tobacco retailers in the county to obtain a license to sell tobacco; and 3) Deschutes County Health Services already employs staff with the knowledge and technical skills need- ed to effectively implement a TRL program. The committee acknowledges the importance of allowing elected officials the ability to weigh the pros and cons of each TRL program option, rather than being presented with only one "gold standard" policy option to consider. In addition, the Committee wanted to include some options with minimal to no enforcement costs even though these options would have little to no impact on reducing minors' access to tobacco or preventing tobacco use among youth. However, options with lower fees may be received better by the business community and policymakers. For these reasons, all five options are included in the report and presented in descending order based on total program cost (individual license fee) and frequency/type of license enforcement inspections. Committee Recommendation While all options are included in the TRL report for consideration, the Committee unanimously supports and recommends Policy Option #2. This policy option would allow for effective TRL educa- tion and enforcement efforts at the most reason- able license fee cost to affected businesses. The Committee strongly believes it will be important to have the financial and staff capacity to conduct both compliance checks (educational visits) and minor decoy operations annually at all of the esti- mated 130 stores in Deschutes County. Option #2 is less expensive to implement than Option #1 and it is similar in scope to the licensing programs in Lane and Multnomah Counties. It is also more like-ly to result in intended public health improvements than Options #3-#5, which allow for minimal to no enforcement of license requirements. Additional County General Fund would not be needed for any of the Options presented in the report. 21 How Other Jurisdictions are Tackling the Problem Population Number of Tobacco Retailers Tobacco Retail License Policy Specifics Policy Adopted Licensing Agency License Fee Enforcing Agency Frequency of Inspections Who Pays for Enforcement Penalties for Violations Look Back Period Penalty Process Misc. Notes 22 LANE COUNTY (unincorporated areas) 96,150 60 • No new retailers within 1,000 ft schools • Prohibits the sale of electronic cigarettes to minors • bans self-service displays of e -cigarettes • retailers required to post Oregon Tobacco Quit Line and tobacco use health warning • Clerks must be 18 years of age to sell tobacco TRL originally adopted 2014, updated 8/2015, effective 1/16 Lane County Environmental Health $200 EH checks for ordinance requirements other than minor decoy inspections (still working on protocol) All retailers checked annually for code compliance. Program currently discussing how to conduct minor decoy inspections. License fee covers cost to administer and have EH do site visits. Current license fee does not cover costs to run minor decoy inspections. • 1st violation $1,650 fine or license suspended for 10 days • 2nd offense $4,950 or license suspended for 30 days • 3rd offense license suspended for 30 days • 4th offense license revoked 2 years Minors are subject to heavy fines if found in possession of e -cigarettes, may be required to attend cessation/education class and pay up to $1,000 for repeated offenses. MULTNOMAH COUNTY 776,712 763 licensed (additional 25 in process for license and/or penalties) • Ban self-service display • Ban sales from motor vehicles • Establish MLSAfor e -cigarettes • Ban self-service displays for e -cigarettes • Require licensing for e -cigarettes TRL 2016 Multnomah County Environmental Health Services $580 Multnomah County Health Department All retailers checked at least once a year for all elements of the ordinance. Every retailer will receive a youth decoy inspection annually. License fee covers EH inspections and minor decoy operations. • 1st violation: $500 fine and mandatory training • 2nd violation: $500 fine and 30 -day license suspension • 3rd violation: $750 fine and 90 -day license suspension • 4th violation: $1,000 fine and license revoked for 2 years 5 years Citizen complaint system to report stores in violation. Klamath (unincorporated areas) 41,598 unknown • Ban sales from motor vehicles • Ban sale of tobacco products sold outside original packaging containing health warnings (which is federal law) • Ban sale to a person who looks younger than 27 without checking ID first TRL 5/2017 Klamath County Health Department $275 (proposed) The Klamath County Health Department All retailers checked twice a year, including the use of youth decoys (proposed). License Fee will cover EH inspections (proposed). To be determined County Health Department director may impose restrictions and deny, suspend, or revoke a Tobacco Retail License based on licensees violation of ordinance rules. End Notes Deschutes County Behavioral Risk Factor Surveillance Survey 2012-2015. https://public. health.oregon.gov/BirthDeathCertificate/Surveys/ AdultBehaviorRisk/county/Documents/ 1013/ ORCountvBRFSS tobacco.pdf 2. Portland State University Population Research Center 2014; Oregon Behavioral Risk Factor Surveillance System 2013; CDC Smoking - Attributable Morbidity and Mortality Cost calculator 2013. 3. U.S. Department of Health and Human Services. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General, U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2012. 4. Oregon Healthy Teens (OHT) Survey, 2015. Oregon Health Authority. Chronic Disease Data. Youth Data. Tobacco use and related topics. Oregon Health Authority Webpage. https:// public.health.oregon.gov/DiseasesConditions/ ChronicDisease/DataReports/Documents/ datatables/ORAnnualOHT_Tobacco.pdf. 5. CounterTobacco.Org, summary of the Federal Trade Commission Cigarette and Smokeless Tobacco Report for 2014. http://countertobacco. org/the-war-in-the-store/. 6. Campaign for Tobacco -Free Kids (CTFK). State - Specific Estimates of Tobacco Company Marketing Expenditures 1998-2016. Campaign for Tobacco - Free Kids webpage. https://www.tobaccofreekids. org/research/factsheets/pdf/0271.pdf 7. Slater SJ, Chaloupka FJ,Wakefield M, Johnston LD, O'Malley PM. The impact of retail cigarette marketing practices on youth smoking uptake. Arch PediatAdol Med. May 2007; 161(5):440- 445. http://archpedi.iamanetwork,com/article. aspx?articleid=57032. 8. Ambrose BK, Day HR, Rostron B. Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014. JAMA.2015; 314(17): 1871-1873. Doi:10.1001 /jama.2015.13802. 9. "What's For Sale in Your Neighborhood?" Oregon Health Authority. July 2014. http:// smokefreeoregon.com/wp-content/ uploads/2014%07/StatewideRetailRollup.pdf. 10. Oregon Healthy Teens (OHT) Survey, 2013. Oregon Health Authority. Chronic Disease Data. Youth Data. Tobacco Use and related topics. Oregon Healthy Authority Webpage. https:// Dublic.health.oregon.gov/Diseases Conditions/ ChronicDisease/DataReports/Documents/ datatables/ORAnnualOHT_Tobacco.pdf I I. Diemert L, Dubray J, Babayan A, Schwartz R. Strategies Affecting Tobacco Vendor Compliance with Youth Access Laws: A Review of the Literature. Toronto: Ontario Tobacco Research Unit, October 2013. http://otru.org/wp-content/ uploads/2013/ 10/special_ vendor_compliance.pdf 12. B.R. Loomis, the density of tobacco retailers and its association with attitudes towards smoking, exposure to point of sale tobacco advertising, cigarette purchasing, and smoking among NewYork Youth, 55(5) PREY. MED. 468, 468(2012). 13. http://www.nationalacademies.org/hmd/—/media/ Files/Report%20Files/2015/TobaccoM inAee/ tobacco_m i n i mum_age_report_brief.pdf 23 Appendix A. Timeline of TRL policy work 26 B. Lane County TRL Ordinance 27 C. Lane County TRL Application 37 D. Lane County TRL Inspection Form 38 E. Multnomah County TRL Ordinance 39 F. Multnomah County TRL Application 44 G. Multnomah County TRL Inspection Form 48 H. Klamath County TRL Ordinance 50 I. TRL Matrix of Innovative Oregon & California Policies58 J. Retailer Assessment Interview Tool 60 K. Tobacco Retail Policies Logic Model 67 25 C CZ t v, ce o c N r>a 0 a) w 00 r0 4- a) v) 0 O ov. u 0 m T. u O N 'L+ - u a) 0 C O v) .0 U a' p ' <- .0 O L N c - o O ).6I-a'—a 0 N 0 N DCHS awarded SPArC grant u 0 O ce H L C 0 CUC � A O Q C (6 O u L ra Y o_ C O ,— N C4 in Types of Activities: u 0 Drug -Free Communities c bA a o E • N .� Y > � v) Q a) O '_ C L 00'0a) L w C. o v vca C i) p O O u E o 8 a a tL ro c O C ra a c4.' o- L u ac) u V) E O -0 " > w r13C rA 0 c > C Q o` -).c E — a)0_ au 4, W L va oc a) a b to a) _ 0 E°1 u ,_ v O O DA +-' L O n. o O 4-, C a) ce Ho- v) Lu ce.., in ra O_� oar O t to p C 03 J !! >+ r- C L U o E L '- fa c u LL iF ns u u 0 a) L 0 v) 0 'u O C CU to 4 ' CU 'U O. a) (13 C_ LL � SPArC grant ends June 30, 2017 O N 00 0 N c ao .07 0- E c 4- _ O p C b O4. C v � v - Q O EE _rn 2016-2019 RHIP Ends O N DCHS awarded DFC grant T _au C� a) Z' a)03 0.) -0- 46.1 c LA p L v7, tra rra 'ur ll U ca E U 03 a) N N tr, O U a) L L V) oJ O 'O 03 CU 4,•v N a) N co a m u v- `O^ u u v) O -J C E 7 O '47.; O p 0 O ou _0 u OEc 03 1-., cp UO v) a) N O_ p aCeOn . w u D < o 0 Educational materials sent to retailers Form Tobacco Prevention Committee V) v) N i to a) v 'u C_ y ro a EL) v .E o r—a >, o u N a0.' o -c O "O '.+ Eo c 0 u r6 u C E W E _u O ut V � O U N LL a p ra Presentations to community groups Engage Youth c 0 E E O U to N v 0 C to ou U 0 co u �O w 0 Lane Code CHAPTER 9 CONTENTS TOBACCO REGULATIONS 9.700 Definitions. 9.705 Purpose and Findings. 9.710 Requirements and Prohibitions. 9.715 Possession, Distribution and Use by Minors. 9.720 Non -Retaliation. 9.725 Penalties and Enforcement. 9.752 Requirements and Prohibitions. 9.754 Limits on Eligibility for a Tobacco Retailer License. 9.756 Application Procedure. 9.758 Issuance of License. 9.760 License Renewal and Expiration. 9.762 Licenses Nontransferable. 9.764 License Conveys a Limited, Conditional Privilege. 9.766 Fee for License. 9.768 Compliance Monitoring. 9.770 Suspension or Revocation of License. 9.772 Tobacco Retailing Without a Valid License. 9.774 Penalties and Additional Remedies. LC9.0008.700-750 BCCVER OPTION B.docx 9-i 27 9.700 Lane Code 9.700 TOBACCO REGULATIONS 9.700 Definitions. As used in sections 9.700 through 9.774, the following words or terms have the following meanings: (1) "Arm's Length Transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding these regulations' sections 9.700 through 9.774 is not an Ann's Length Transaction. (2) "Business" means any sole proprietorship, partnership, joint venture, corporation, company, association, or other entity formed for purposes that include profit- making. (3) "County" or "Lane County," for the purpose of this ordinance, means unincorporated areas of Lane County. (4) "Department" means the Lane County Health & Human Services Department, and any agency or Person designated by the Department to enforce or administer the provisions of sections 9.700 through 9.774. (5) "Electronic Smoking Device" means any electronic means any electronic product that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, e -cigar, e -pipe, vape pen or e -hookah. Electronic Smoking Device includes any component, part, or accessory of such a product, whether or not sold separately. Electronic Smoking Device does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terns are defined in the Federal Food, Drug and Cosmetic Act. (6) "Employee" means any Person who is employed by any Employer in consideration for direct or indirect monetary wages or profit, or any Person who volunteers services for an Employer. (7) "Employer" means any Business or Nonprofit Entity that retains the service of one or more Employees. (8) "Independent Contractor" means any Person who is retained with a contract by any Employer in consideration for direct or indirect monetary wages or profit. (9) "Nominal Cost" means the cost of any item imposed for the transfer from one person to another for less than the total of: (1) twenty-five percent (25%) of the fair market value of the item exclusive of taxes and government fees; plus (2) all taxes and government fees previously paid and all taxes and government fees still due on the item at the time of transfer. (10) "Nonsale Distribution" means to give, furnish, or cause or allow to be given or furnished, wholly or for sampling, within Lane County, a Tobacco Product at no cost or at Nominal Cost to a Person who is not a Tobacco Retailer. (11) "Person" means any natural person, Business, employer, nonprofit entity, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency. (12) "Proprietor" means a Person with an ownership or managerial interest in a business. An ownership interest is deemed to exist when a Person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest is deemed to exist when a Person can or does have or share ultimate control over the day-to-day operations of a busincss. (13) "Self -Service Display" means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the Tobacco Retailer or employee LC9.0008.700-750 BCCVER OPTION B.docx 9-1 1,C9 28 9.705 Lane Code 9.710 of the Tobacco Retailer and a direct person-to-person transfer between the purchaser and the Tobacco Retailer or employee of the Tobacco Retailer. A vending machine is a form of Self -Service Display. (14) "Smoking" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any form. "Smoking" also includes the use of an Electronic Smoking Device which creates an aerosol, in any manner or in any form. (15) "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, cigarette rolling machines, and any other item specifically designed for the consumption or preparation of Tobacco Products. (16) "Tobacco Product" means any product that is made from or derived from tobacco, which contains nicotine or a similar substance, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or an Electronic Smoking Device. Tobacco product does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act. (17) "Tobacco Retailer" means any Person who holds a license to sell, offer for sale, or exchange or offer to exchange for any form of consideration, Tobacco Products or Tobacco Paraphernalia. "Tobacco Retailing" means the doing of any of these things. This definition is without regard to the quantity of tobacco, Tobacco Products, or Tobacco Paraphernalia sold, offered for sale, exchanged, or offered for exchange. (Revised by Ordinance No. 14-19, Effective 1/16/15) Electronic Smoking Devices and Minors 9.705 Purpose and Findings. In addition to Oregon State regulations on the sale, possession, and use of tobacco and tobacco products to and by persons under 18 years of age, LC 9.700 through 9.774 are enacted to regulate the sale, possession, and use of Electronic Smoking Devices in Lane County to and by persons under 18 years of age. Lane County passes this ordinance out of a desire to promote a wholesome environment where children are encouraged to make healthful choices that allow them to grow up to lead healthy, productive and prosperous lives. Nicotine is a highly addictive toxic substance, the use of which is initiated primarily by young people. Nicotine use is associated with the risk of numerous adverse health consequences, including increased susceptibility of addiction to other drugs of abuse and the use of tobacco, and with serious neurobehavioral problems and nicotine use in children of mothers that use during pregnancy. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.710 Requirements and Prohibitions. (1) Sale to minors prohibited. All Persons are prohibited from selling, giving or furnishing, or causing to be sold, given or furnished, an Electronic Smoking Device to a person under 18 years of age in any place within Lane County. (2) Positive identification required. Tobacco Retailers are prohibited from selling, giving or furnishing an Electronic Smoking Device to a person who appears to be under 27 years of age without first examining identification to confirm that the recipient is at least 18 years of age. (3) Self -Service Displays of Electronic Smoking Devices are prohibited. (4) Nonsale Distribution Prohibited. All persons are prohibited from the Nonsale Distribution of any Electronic Smoking Device to a Person who is not a Retailer. LC9.0008.700-750 BCCVER OPTION B.docx 9-2 LC9 29 9.715 Lane Code 9.752 (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.715 Possession, Distribution and Use by Minors. (1) It is unlawful for any person under 18 years of age to possess, receive, purchase, sell, distribute, use or consume Electronic Smoking Devices. It is unlawful for any person under 18 years of age to have personal possession of an Electronic Smoking Device, except when such minor is in a private residence accompanied by the parent or guardian of the minor and with the consent of such parent or guardian. (2) A minor acting under the supervision of an authorized adult may purchase, attempt to purchase or acquire Electronic Smoking Devices for the purpose of testing compliance with local law or Tobacco Retailer management policy limiting or regulating the delivery of Electronic Smoking Devices to minors. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.720 Non -Retaliation. Under the County's enforcement efforts, Persons, Tobacco Retailers, and Employers are prohibited from intimidating, threatening any reprisal, or effecting any reprisal, for the purpose of retaliating against another Person that seeks to attain compliance with LC 9.710 to 9.725. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.725 Penalties and Enforcement. (1) The penalty and enforcement provisions are cumulative and in addition to any other remedies available at law or in equity. (2) Violations of LC 9.710 to 9.720 are subject to a civil action brought by Lane County, punishable by a civil fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) per violation. (3) Causing, permitting, aiding, abetting, or concealing a violation of any provision of LC9.710 to 9.720 constitutes a violation of those sections. (4) In addition to other remedies provided by this section 9.725, the county can seek appropriate, equitable relief including but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings and injunctive relief. A person who is convicted of a first violation of subsections (1) or (2) of LC 9.715 may be ordered to appear in teen court or participate in a tobacco education program or a tobacco use cessation program. A person who is convicted of a second or subsequent violation of subsections (1) or (2) of LC 9.715 is subject to a civil action brought by Lane County, punishable by a civil fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) per violation. (Revised by Ordinance No. 14-19, Effective 1/16/15) Tobacco Retail Licensing and Sale Regulations Ordinance 9.752 Requirements and Prohibitions. (1) A person commits a violation of these Tobacco Retail Licensing and Sale Regulations (LC 9.752 to 9.774) if the Person knowingly engages in the following conduct: (a) Selling, offering for sale, or exchanging or offering to exchange for any form of consideration, Tobacco Products or Tobacco Paraphernalia in Lane County without first obtaining and maintaining a valid Tobacco Retailer's license under LC9.0008.700-750 BCCVER OPTION B.docx 9-3 LC9 30 9.754 Lane Code 9.754 LC 9.752 to 9.774 for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer's license is a nuisance as a matter of law. (b) Violating any local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing in the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a license was issued. Failing to ensure that Employees know how to comply with tobacco control laws. Tobacco Retailers can be held responsible for violations committed by Employees. (c) Failing to prominently display a Tobacco Retailer license in a publicly visible location at the licensed location. (d) Failing to examine the identification and confirm that the holder is at least 18 years of age, before selling or transferring Tobacco Products or Tobacco Paraphernalia to a natural person who appears to be under 27 years of age. (e) Selling, giving, or furnishing, or causing to be sold, given or furnished, a Tobacco Product or Tobacco Paraphernalia to a natural person who is younger than 18 years of age. (f) Permitting a natural person who is younger than 18 years of age or younger than the minimum age established by state law for the purchase or possession of Tobacco Products to sell, offer for sale, or exchange or offer to exchange for any form of consideration, Tobacco Products or Tobacco Paraphernalia. (g) Engaging in Tobacco Retailing by means of a Self -Service Display. (h) Without a valid Tobacco Retailer license, including a license that has been suspended or revoked, failing to keep all Tobacco Products and Tobacco Paraphernalia out of public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this subsection constitutes Tobacco Retailing without a valid license under LC 9.772. (i) Without a valid Tobacco Retailer license, including a license that has been suspended or revoked, displaying any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that could lead a reasonable consumer to believe that such products can be obtained at that location. (j) Engaging in the Nonsale Distribution of Tobacco Products or Tobacco Paraphernalia in Lane County. (k) Failing to conspicuously post a tobacco health warning approved by the Department in an area visible to all customers. (1) Failing to conspicuously post signage provided by the Department that discloses current referral information about the Oregon Tobacco Quitline 1 -800 -QUIT -NOW. (m) Engaging in Tobacco Retailing within 1000 feet of any school, from other than a fixed retail location in violation of 9.754 below. (2) Tobacco Retailer's will be eligible for an incentive program reducing the annual license fee by $75 if they: 1) have no tobacco retail violations in the previous year and 2) use a cash register that reads the magnetic strip on drivers' licenses to verify age. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.754 Limits on Eligibility for a Tobacco Retailer License. (1) WITHIN 1,000 FEET OF ESTABLISHMENTS SERVING CHILDREN. No license will be issued to a Tobacco Retailer located within 1,000 feet of any school as follows: (a) Except as provided in subsection (b), no Tobacco Retailer license will be issued within one thousand (1,000) feet of a school as measured by a straight line from the nearest point of the property line of the lot or parcel on which the school is LC9.0008.700-750 BCCVER OPTION B.docx 9-4 LC9 31 9.756 Lane Code 9.758 located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purposes of this subsection, a "school" a public kindergarten, elementary, iniddle, junior high or high school. (b) A Tobacco Retailer that has been in operation at a location governed by subsection (1) above consistently since October 21, 2014, is exempt from the requirements of section (1) above. A Tobacco Retailer that has been in operation at a location governed by subsection (1) above consistently since October 21, 2014, that would otherwise be ineligible to receive or renew a Tobacco Retailer license due to the creation or relocation of a school is exempt from the requirements of subsection (1) above. (2) MOBILE VENDING. Tobacco Retailing is only permitted at a fixed location. For example, Tobacco Retailing by natural persons on foot or from vehicles or mobile units is prohibited. 9.756 Application Procedure. Application for a Tobacco Retailer's license must be submitted in the name of each Proprietor proposing to conduct retail tobacco sales and will be signed by each Proprietor or an authorized agent thereof. (1) It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's license. The Proprietor will also train all employees in the applicable laws, and is required to provide proof of training with annual recertification. (2) No Proprietor may rely on the issuance of a license as a determination by the County that the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to LC 9.758, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor will be revoked pursuant to LC 9.770. Nothing in LC 9.758 will be construed to vest in any Person obtaining and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law. (3) All applications will be submitted on a form supplied by the Department and will contain the following information: (a) The name, address, and telephone number of each Proprietor of the business seeking a license. (b) The business name, address, and telephone number of the single fixed location for which a license is sought. (c) A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of LC 9.752 to 9.774. If an Authorized Address is not supplied, each Proprietor will be understood to consent to the provision of notice at the business address specified in subparagraph (b) above. (d) Whether or not any Proprietor or any agent of the Proprietor has admitted violating, or has been found to have violated, LC 9.752 to 9.774 and, if so, the dates and locations of all such violations within the previous five years. (4) Such other information as the Department deems necessary for the administration or enforcement of LC 9.752 to 9.774 as specified on the application form required by this section. (5) A licensed Tobacco Retailer must inform the Department in writing of any change in the information submitted on an application for a Tobacco Retailer's license within ten (10) business days of a change. (6) All information specified in an application pursuant to this section is subject to disclosure under the Oregon Public Records Act or any other applicable law, subject to the laws' exemptions. (Revised by Ordinance No. 14-19, Effective 1/16/15) LC9.0008.700-750 BCCVER OPTION B.docx 9-5 1 C9 32 9.758 Lane Code 9.764 9.758 Issuance of License. Upon the receipt of a complete application for a Tobacco Retailer's license and the license fee required by LC 9.766, the Department will issue a license to the applicant that demonstrates by substantial evidence that one or more of the following bases for denial does not exist: (1) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information will be a violation punishable under LC 9.774. (2) The application seeks authorization for Tobacco Retailing at a location for which LC 9.754 prohibits issuance of Tobacco Retailer licenses. (3) The application seeks authorization for Tobacco Retailing for a Proprietor to whom LC 9.752 to 9.772 prohibits a license to be issued. (4) The application seeks authorization for Tobacco Retailing that is prohibited or unlawful pursuant to this Code or that is unlawful pursuant to any other law. (Revised by Ordinance No. 14-19, Effective 1/16/15)) 9.760 License Renewal and Expiration. (1) RENEWAL OF LICENSE. A Tobacco Retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a Tobacco Retailer license is one year. Each Tobacco Retailer will apply for the renewal of his or her Tobacco Retailer's license and submit the license fee no later than thirty days prior to expiration of the term. (2) EXPIRATION OF LICENSE. A Tobacco Retailer's license that is not timely renewed expires at the end of its term. To renew a license not timely renewed pursuant to subparagraph (a), the Proprietor must: (a) Submit the license fee and application renewal form; and (b) Submit a signed affidavit affirming that the Proprietor: (i) has not sold and will not sell or display any Tobacco Product or Tobacco Paraphernalia after the license expiration date and before the license is renewed; or (ii) Has waited the period of time required by LC 9.772 for Tobacco Retailing without a valid license before seeking renewal of the license. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.762 Licenses Nontransferable. (1) A Tobacco Retailer's license may not be transferred from one Person to another or from one location to another. A new Tobacco Retailer's license is required whenever a Tobacco Retailing location has a change in Proprietor(s). (2) Notwithstanding any other provision of LC 9.752 to 9.774, prior violations at a location will continue to be counted against a location and license ineligibility periods will continue to apply to a location unless: (a) The location has been transferred to new Proprietor(s) in an Arm's Length Transaction; and (b) The new Proprietor(s) provide the County with clear and convincing evidence that the new Proprietor(s) have acquired or are acquiring the location in an Arm's Length Transaction. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.764 License Conveys a Limited, Conditional Privilege. Nothing in LC 9.752 to 9.774 grants any Person obtaining and maintaining a Tobacco Retailer's license any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the County identified on the face of the license. Nothing in LC 9.752 to 9.774 renders inapplicable, supersedes, or applies in lieu of any other provision of applicable law, including but not limited to, any provision of this LC9.0008.700-750 BCCVER OPTION B.docx 9-6 LC9 33 9.766 Lane Code 9.770 Code, or any condition or limitation on smoking in an enclosed place of employment under ORS 433.847and OAR 333-015-0068 or other federal or local ordinances. Obtaining a Tobacco Retailer's license does not make the Tobacco Retailer a certified smoke shop under ORS 433.847and OAR 333-015-0068. (Revised by Ordinance No. 14- 19, Effective 1/16/15) 9.766 Fee for License. The fee to issue or to renew a Tobacco Retailer's license will be set annually by Order of the Board of Commissioners. The fee will be calculated so as to recover the cost of both the administration and enforcement of this Code, including the cost of issuing the license, administering the license program, Tobacco Retailer education, Tobacco Retailer inspection and compliance checks, documentation of violations, adjudications, convictions, and prosecution of violators. All fees are nonrefundable except as required by law and are permitted to be used exclusively to fund the program. Fees will not be prorated. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.768 Compliance Monitoring. (1) The Department will monitor compliance with LC 9.752 to 9.774and may designate any number of additional Persons to assist monitoring compliance. In addition, any peace officer may enforce the penal provisions of LC 9.752 to 9.774. (2) The Department will endeavor to inspect each Tobacco Retailer at least one time per twelve month period. Nothing in this paragraph creates a right of action in any licensee or other Person against the County or its agents. (3) The County will not enforce any law establishing a minimum age for Tobacco purchases or possession against a natural person serving as a Youth Decoy. A Youth Decoy is a natural person under the age of 18 who: (a) Is participating in an inspection supervised by a peace officer, code enforcement official, or the Person designated by the County to monitor compliance with LC 9.752; (b) Is acting as an agent of a Person designated by the County to monitor compliance with LC 9.752; or (c) Is participating in an inspection funded in part, either directly or indirectly through subcontracting, by the Department or the Oregon Health Authority. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.770 Suspension or Revocation of License. (1) SUSPENSION OR REVOCATION OF LICENSE FOR VIOLATION. In addition to any other penalty authorized by law, a Tobacco Retailer's license will be suspended or revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of LC 9.752 to 9.774 or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in LC 9.764 above. (a) Upon a finding by the Department of a first violation of LC 9.752 to 9.772 at a location within any twenty-four month period, the license will be suspended for ten days or a $1,650 fine imposed. (b) Upon a finding by the Department of a second violation of LC 9.752 to 9.772 at a location within any twenty-four month period, the license will be suspended for thirty days or a $4,950 fine imposed. (c) Upon a finding by the Department of a third violation of LC 9.752 to 9.772 at a location within any twenty -four-month period, the license will be suspended for thirty days. LC9.0008.700-750 BCCVER OPTION B.docx 9-7 LC9 34 9.772 Lane Code 9.772 (d) Upon a finding by the Department of four or more violations of LC 9.752 to 9.772 at a location within any twenty-four month (24) period, the license will be revoked. (2) APPEAL OF SUSPENSION OR REVOCATION. A decision of the Department to suspend or revoke a license is appealable to the Director of the Department and any appeal must be filed in writing with the Director within ten days of mailing of the Department's decision. If such an appeal is timely made, it will stay enforcement of the appealed action. An appeal to the Director is not available for a revocation made pursuant to subsection (3) below. (3) REVOCATION OF LICENSE WRONGLY ISSUED. A Tobacco Retailer's license will be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under Section 9.758 existed at the time application was made or at any time before the license issued. The decision by the Department will be the final decision of the County. Such a revocation will be without prejudice to the filing of a new license application. (Revised by Ordinance No. 14-19, Effective 1/16/15) 9.772 Tobacco Retailing Without a Valid License. (1) In addition to any other penalty authorized by law, if a court of competent jurisdiction detelmines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's license, either directly or through the Person's agents or employees, the Person will be ineligible to apply for, or to be issued, a Tobacco Retailer's license as follows: (a) After a first violation of this section at a location within any twenty- four month period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until thirty days have passed from the date of the violation. (b) After a second violation of this section at a location within any twenty-four month period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until ninety days have passed from the date of the violation. (c) After of a third or subsequent violation of this section at a location within any twenty-four month period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until two years have passed from the date of the violation. (2) Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Department or any peace officer and will be forfeited after the licensee and any other owner of the Tobacco Products and Tobacco Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in violation of LC 9.752 to 9.772. The decision by the Department may be appealed under LC 9.770. Forfeited Tobacco Products and Tobacco Paraphernalia will be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to Oregon law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (3) For the purposes of the civil remedies provided in LC 9.774 the following constitute separate violations: (a) Each day on which a Tobacco Product or Tobacco Paraphernalia is offered for sale in violation of LC 9.752 to 9.772; or (b) Each instance in which an individual retail Tobacco Product or item of Tobacco Paraphernalia distributed, sold, or offered for sale in violation of LC 9.752 to 9.772. (Revised by Ordinance No. 14-19, Effective 1/16/15) LC9.0008.700-750 BCCVER OPTION B.docx 9-8 LC9 35 9.774 Lane Code 9.774 9.774 Penalties and Additional Remedies. (1) The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity. (2) Violations of LC 9.752 to 9.772 are punishable by a fine per violation as follows: after a first violation, a $1,650 fine or suspension of license; after a second violation, a $4,950 fine or suspension of license; after a third violation, a suspension of license as described in 9.770. Those in violation will be responsible for all costs associated with prosecutions of violations. (3) Any employee involved in tobacco product sales to anyone under 18 years of age is subject to civil action pursuant to ORS 163.575, endangering the welfare of a minor, punishable by a civil fine per violation of not less than $100 nor exceeding $500. Causing, permitting, aiding, abetting, or concealing a violation of any provision of LC 9.752 to 9.772 is punishable according to 9.772 subsection (3) above. (4) Violations of LC 9.752 to 9.772 are hereby declared to be public nuisances. (5) In addition to other remedies provided by LC 9.752 to 9.772 or by other law, any violation of LC 9.752 to 9.772 may be remedied by a civil action including, for example, through administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (Revised by Ordinance No. 14-19, Effective 1/16/15) LC9.0008.700-750 BCCVER OPTION B.docx 9-9 LC9 36 PUBLIC HEALTH Pleven, Promote. P,otect. FNVIRONMENtAL HEALTH SECTION Establishment ID Tobacco Retailer's License Application Lane County Code Chapter 9 Tobacco Regulations This Application is for: ❑ New License Business Information Business Name: Business Address: Business Mailing Address: Manager's Name: Manager's Mailing Address: Owner ID DO NOT WRITE IN THE SPACE ABOVE ❑ Annual Renewal ❑ Change of Ownership ❑ I do not sell Tobacco Products Phone Number: Phone Number: E-mail Address: Have all employees been trained on the local, state and federal laws relating to tobacco and vaping product sales? Yes No Owner Information (List the name, phone number and address of each Proprietor. If licensee is a legal entity (Corporation, LLC, etc.) an authorized person must sign for the entity.) #1 Owner Name/Authorized Agent #1 Owner Phone: #2 Owner Name/Authorized Agent #2 Owner Phone: ,4igpnture of Applicant Address: E-mail Address: Address: E-mail Address: nye TOBACCO LICENSE FEE - New Operator $200.00 or Previously Licensed Operator (no violations) $125.00 (Payable upon receipt) Make Check Payable to : Lane County Environmental Health 151 W. 7th Ave., Ste. 430 Eugene, OR 97401 Office Use Only Fee received Receipt # Date Complete, sign and mail this application with the appropriate fees. Thank you. H:/TRL App.doc rev 7/16 37 Date of Inspection: Lane County Tobacco Retailer's Compliance Inspection Report LANE *• Visit Type: Annual Recheck Store Name: Address: Person In Charge present during inspection: FN\ C,'4M(11'/.t lir +.011 S(C)ION (Print Please) COMPLIANCE Requirements for Lane County Code Chapter 9 Tobacco Regulations 9.700-9.774. This law In Out applies to tobacco, e -cigarettes and tobacco and e -cigarette paraphernalia. 1. Retailer has obtained a license to sell tobacco, e -cigarettes and paraphernalia products, and the license is displayed in a clearly visible public location? Comments: 2. Retailer checks customers' identification and does not sell e -cigarette or tobacco products or paraphernalia to minors? Comments: 3. Retailer keeps tobacco, e -cigarette and paraphernalia products behind the counter which would require employee assistance to access the products? Comments: 4. Retailer displays tobacco health warning and Oregon Tobacco Quit Line sign (1 -800 -QUIT - NOW) in a clearly visible public location? Comments: 5. The store is located more than 1,000 feet of a public school? (Existing locations operating before October 21, 2014 and those operating since October 21, 2014 near which a public school has relocated are grandfathered in and are exernpt, from this restriction.) Comments: 6. Retailer trains employees on the local, state and federal laws relating to tobacco, c -cigarette and paraphernalia product sales and maintains documentation of employees' training. Comments: 7. Retailer does not sell cigarettes or smokeless tobacco products in amounts smaller than the original package size? Comments: 8. Retailer does not offer free samples of any tobacco, e -cigarette or paraphernalia products? Comments: 9. Retailer does not sell flavored cigarettes or flavored cigarette tobacco (excludes menthol)? Comments: 10. Retailer posts a sign substantially similar to the State sign stating that tobacco, smoking instruments and vaping products cannot be sold to minors and posts the sign in a clearly visible public location? Comments: Remediation Plan and Due Date - Environmental Health Specialist Date Person in Charge Signature Date If you have any questions regarding this report, please call Lane County Environmental Health at (541) 682-434$80 I:EH:TobaccoRetailers:TRLInspectionForm.doc Rev. 9/2/2016 BEFORE THE BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON ORDINANCE NO. 1225 Amending Multnomah County Code Chapter 21 — Health — Relating to Licensing of Tobacco Retailers in Multnomah County. (Language Stricken is deleted; double underlined language is new.) The Multnomah County Board of Commissioners Finds: 1, This Ordinance is enacted in accordance with the Board of Health's policy Order 2015- 011, February 12, 2015. 2. Licensing of retail sales of tobacco products and inhalant delivery systems will promote compliance with federal, state, and local laws relating to the retail sale of tobacco products and inhalant delivery systems and discourage violations of tobacco -related laws, particularly those which relate to minors. 3. The Health Department will begin accepting applications for Tobacco Retail licenses on July 1, 2016. Multnomah County Ordains as Follows: Section 1. MCC § 21.560 is added as follows: § 21.560 — DEFINITIONS. Arm's Length Transaction. A sale in aood faith and for valuable consideration that reflects the fair market value in the open market between two or more informed and willing parties. none of which is under anv compulsion to participate in the transaction. A sale between relatives. related companies or partners. or a sale for which a sianificant purpose is avoidina the effect of the violations of this chapter is not an Arm's Lenath Transaction. Department. Multnomah County Health Department. Inhalant Delivery System. Any device or component of a device meetina the definition of "inhalant delivery system" in MCC S 21.510. Retail Sale. Anv transfer. conditional or otherwise. of title or possession of Tobacco Products. Tobacco Products. .(A). Anv substance containina. made. or derived from tobacco that is intended for human consumption by anv means including but not limited to ciaarettes. chars. little ciaars. Page 1 of 5 - Amending MCC Chapter 21 — Health — Relating to Licensing of Tobacco Retailers in Multnomah County. 39 pipe tobacco. shisha. hookah tobacco. snuff. chewing tobacco. dimina tobacco. bidis. or any other preparation of tobacco. al Electronic ciaarettes or anv inhalant delivery systems containina or delivering nicotine. Vape iuice or e -liquid defined as anv aerosol or liauid solution that vaporizes when heated to make a smoke -like vapor and that contains nicotine or anv nicotine containing product. in anv amount or concentration. includina tobacco plant extract. tobacco dust. or synthetic nicotine in anv amount. concentration or strenath. in anv form includina but not limited to bottled. ore -filled cartridaes. or as part of a kit. This definition excludes anv product that has been approved by the United States Food and Drua Administration for sale as a tobacco cessation product or for anv other therapeutic purpose. if the product is marketed and sold solely for such an approved purpose. Tobacco Retailer. Any person or entity. as defined in ORS 60.001. that owns a business that sells. offers for retail sale. exchanaes or offers to exchange Tobacco Products, includina inhalant delivery systems retailers as defined in MCC § 21.510. or that distributes free or low cost samples of Tobacco Products. This definition is without reaard to the auantity_ of Tobacco Products sold. offered for retail sale. exchanaed. offered for exchanae. or distributed. Section 2. MCC § 21.561 is added as follows: § 21.561- LICENSE REQUIRED. (Al A Tobacco Retail license is reauired for each address at which Tobacco Products are available from a Tobacco Retailer. (Bl Application for a Tobacco Retail license issued under this subchapter shall be made on forms provided by the Department. (C) A Tobacco Retail license fee shall be submitted with the license application. (D) To obtain a Tobacco Retail license. each applicant must meet all requirements of this subchapter. the rules adopted pursuant to this subchapter. and federal. state. and local laws relating to the retail sale of tobacco products. LEA Each Tobacco Retail license shall expire one calendar year from the date of issuance. (F) The Tobacco Retail license shall be displayed in a prominent and conspicuous. Place at the location licensed. Page 2 of 5 - Amending MCC Chapter 21 — Health — Relating to Licensing of Tobacco Retailers in Multnomah County. 40 Section 3. MCC § 21.562 is added as follows: 6 21.562 — LICENSE NONTRANSFERABLE. (A) A Tobacco Retail license may not be transferred from one Tobacco Retailer to another or from one location to another. (B) Prior violation of this subchapter at a location will continue to be counted aaainst a location. and license ineliaibilitv and suspension periods will continue to apply to a location. unless 100 percent of the interest in the stock, assets, or income of the business. other than a security interest for the repayment of debt. has been transferred to one or more new owners. The new owner must provide the Department with clear and convincing evidence. including an affidavit. that the business has been acauired in an Arm's Lenath Transaction. (C) Prior violation of this subchapter may be considered in subseauent enforcement actions and applications for additional Tobacco Retail licenses. Section 4. MCC § 21.563 is added as follows: 6 21.563 — PROHIBITED ACTIVITIES. (Al It is a violation of this subchapter for a Tobacco Retailer to make available Tobacco Products: (1) Without a Tobacco Retail License. (2) From a motor vehicle. (3) Outside oriainal packaaina containina health warninas satisfvina the reauirements of federal law. (4) To a person who appears to be under the aae of 27 years without first examinina the recipient's identification to confirm that the recipient is at least the minimum aae under federal. state. or local law to purchase and possess Tobacco Products. (B) It is a violation of this subchapter to fail to comply with license terms. the rules adopted pursuant to this subchapter. and federal. state. and local laws relatina to the retail sale of tobacco products. Section 5. MCC § 21.564 is added as follows: 6 21.564 — ADMINISTRATIVE RULEMAKING COMMITTEE. (A) The Board will appoint by Resolution a Tobacco Retail Licensina Administrative Rulemakina Committee. Page 3 of 5 - Amending MCC Chapter 21 — Health — Relating to Licensing of Tobacco Retailers in Multnomah County. 41 (B) The powers. duties. membership. terms of office of members. provisions as to meetinas and conduct of business of and by the Committee will be in accordance with its adopted bylaws. (C) The Committee will adopt administrative rules that include but are not limited to the followina: (1) License application and issuance process: Licensina inspection: (3) Licensina enforcement. includina a notice of violation process that mav_ allow a Tobacco Retailer to: (a) Correct a violation prior to imposition of civil penalty. license suspension. or license revocation. (b) Reapply for a license two years followina revocation. upon showing all violations have been remedied. as determined at the sole discretion of the Director. or desianee. (c) Immediately apply for a license if they are operatina without a Tobacco Retail license: (41 Data collection by licensees reaardina sales of tobacco products: and (5) Educational information. Section 6. MCC § 21.565 is added as follows: & 21.565 — INSPECTIONS. (A1 The Department Director. or desianee. shall have authority to inspect and investiaate potential violations of this subchapter in accordance with the administrative rules. (Bl The provisions of this subchapter will not be deemed to restrict the riaht of the County to inspect any property pursuant to any applicable federal. state. or local law or reaulation. Section 7. MCC § 21.566 is added as follows: S 21.566 — ENFORCEMENT. (A) The Department Director. or designee. shall enforce the provisions of this subchapter and the administrative rules adopted pursuant to this subchapter. Page 4 of 5 - Amending MCC Chapter 21 — Health — Relating to Licensing of Tobacco Retailers in Multnomah County. 42 (B1 The Department Director mav issue civil penalties. impose restrictions. and denv. suspend. or revoke a Tobacco Retail license based upon a findina that a Tobacco Retailer is in violation of the rules adopted pursuant to this subchapter. and federal. state. or local laws relating to the retail sale of Tobacco Products. Section 8. MCC § 21.567 is added as follows: 6 21.567 — APPEALS AND HEARING. Anv person receiving a written notice of violation of this subchapter mav reauest a hearina in accordance with the administrative rules. Section 9. MCC § 21.568 is added as follows: 6 21.568 — FEES AND PENALTY. (A). License fees and civil penalties under this subchapter will be set by Board resolution. .1(j). Anv Tobacco Retailer found in violation of this subchapter mav be subiect to a civil penalty not to exceed $1000 per day. FIRST READING: SECOND READING AND ADOPTION: VOR M REVIEWED: JENNY M. MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON By ‘\ Bernadette D. Nunley, Assistant County Attorney November 5, 2015 November 12, 2015 BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON Deborah Kafoury, Chair Page 5 of 5 - Amending MCC Chapter 21 — Health — Relating to Licensing of Tobacco Retailers in Multnomah County. 43 Environmental Health Services AMultnomah County Health Department Tobacco Retail License Application O New License - Date Opening: / / MM DD YYYY O New Owner, Existing Business - Date Effective: / / MM DD YYYY Office use only: Facility #: Business Information (Please print or type) Organization Name: Doing Business as: Have you changed the name of the Business? O Yes El No Store #: Business Email: Business Phone: Business Website Address: Business Fax: Days and Hours of Operation: Address Line 1: Address Line 2: City: State: Zip: Total Annual Tobacco Sales: O $0-$399,000 O $400,000-$699,000 O $700,000 and up Number of Employees: O 1-9 O 10-24 O 25-99 O 100-249 O 250+ Has this business been in violation of any tobacco retail law? O Yes El No Business Type (Check all that apply) O Bar/Restaurant O Convenience Store O Gas Station O Grocery Store O Liquor Store O Pharmacy O Tobacco Shop O Vape Shop O Other: Products Sold (Check all that apply) O Cigarettes 0 Little Cigars El Large Cigars 0 Smokeless Tobacco O Loose Tobacco O Blunt Wraps O E-cigarettes/Nicotine Vaping Products O Hookah or Shisha O Other Products: Retail Business Owner First Name: Middle Name: Last Name: Organization Name: Business Phone: Business Address 1: Mobile Phone: Business Address 2: City: State: Zip: Email: Preferred Contact Method: Please complete the following section to help Multnomah County serve the retailer community. Preferred Language: O English O Korean O Chinese O Russian O Somali O Spanish 0 Vietnamese O Other: What is your race or origin? Mark as many boxes as appropriate. O African O Latino/Hispanic O Native Hawaiian or Pacific Islander O Black/African American O Slavic O Asian O Middle Eastern O Native American or Alaska Native CI White O Decline to answer O Other: 847 NE 19th Ave Suite 350 • Portland, OR 97232 • mchealthinspect.org • Phone: 503.988.4163 • Fax: 503.988.9387 EHS-0053 10/31/16 44 Environmental Health Services Applicant o Same as Retail Business Owner First Name: Organization Name: Address Line 1: Address Line 2: City: Preferred Contact Method: State: Middle Name: Billing Contact n Same as Retail Business Owner First Name: Middle Name: Organization Name: Address Line 1: Address Line 2: City: State: Preferred Contact Method: AA•kMultnomah County Health Department Last Name: Business Phone: Mobile Phone: Zip: Email: Last Name: Business Phone: Mobile Phone: Zip: Email: Affirmation Every application for a Tobacco Retail License shall include a signed affirmation that the Retail Business Owner is informed of the laws affecting the Tobacco Retail License pursuant to Multnomah County Code Section 21.564. A signed affirmation is required for each address where tobacco products are made available for retail sale or exchange. It is the Retail Business Owner's responsibility to ensure that all employees and retail associates who sell tobacco products are informed of and trained to comply with all federal, state and local tobacco retail laws pertaining to the license. Educational materials regarding federal, state and local tobacco retail laws have been provided with this application for your information. I, (Print Retail Business Owner's full name) , have been informed of the tobacco laws affecting the Multnomah County tobacco retail license and will train all staff who sell tobacco products on these laws. Retail Business Owner Signature Date To Submit an Application and $580 License Fee By Mail: Send a completed application with a check or money order in the amount of $580 to: Environmental Health Services, ATTN:TRL, 847 NE 19th Ave, Ste 350, Portland OR 97232. In Person: Drop off a completed application with check, money order, or cash in the amount of $580 to: 847 NE 19th Ave, Ste 350, Portland OR 97232. *Business office hours: Monday through Friday, 8:OOam - 5:OOpm. Closed all major holidays. Questions: Please contact us at 503-988-4163 or visit mchealthinspect.org. Office use only: Update Parent Record(s): O Yes 0 No Operating without a license: O Yes O No 847 NE 19th Ave Suite 350 • Portland, OR 97232 • mchealthinspect.org • Phone: 503.988.4163 • Fax: 503.988.9387 EHS-0053 10/31/16 45 AtiMultnomah County Health Department Things to know about selling tobacco and nicotine products in Multnomah County For this ordinance, tobacco products are defined as any substance containing, made from or derived from tobacco that is intended for human consumption, including but not limited: to cigarettes, cigars, little cigars, pipe tobacco, shisha, snuff, chewing tobacco bidis, etc; electronic cigarettes or any inhalant delivery system containing or delivering nicotine; vape juice, e -liquid or any liquid solution that contains nicotine that is intended for human consumption. This does not included FDA approved nicotine products for tobacco cessation such as nicotine patches, gum or lozenges. Only sell tobacco products to people who are 18 years of age or older. Make sure you ask customers who look younger than 27 years of age for ID's and check the birthdates carefully. (CFR § 1140.14(a)) (ORS 431A.175) (MCC § 21.563) About your Tobacco Retail License All locations selling tobacco products must have a valid annual Tobacco Retail License, issued by the Multnomah County Health Department, Environmental Health Services, Tobacco Control and Prevention Program, starting on July 1, 2016. (MCC § 21.561) Multnomah County will provide a paper license that must be displayed at your location, easily visible to customers. (MCC § 21.561) All locations must display required signage (provided with license) under Oregon State law that states it is illegal to sell tobacco or inhalant delivery systems to persons under 18 years of age. (ORS 431A.175) Tobacco Products as defined above must be sold in original packaging with health warnings. Cigarettes must be sold in packages of 20. Tobacco products cannot be opened to be sold as single units, such as single cigarettes (aka "loosies") or snus pouches. (MCC § 21.563) (CFR § 1140.16(b)) (CFR § 1140.14(2d)) (ORS 431A.175) Inhalant delivery systems must be packaged and labeled according to law. (ORS 431A.175) 6/2016 46 Multnomah County Health Department Point of Sale Keep all tobacco products behind the counter in an area accessible only to employees/owners or in a locked case. (ORS 167.407) Selling tobacco products in vending machines is only allowed in facilities that prohibit persons under 21. (ORS 167.402) It is illegal to sell any flavored cigarettes except menthol or cigarettes labeled "light," "low tar," or "mild." (21 US Code § 387g) (Section 911(b)(2)(A)(ii) of the Federal Food, Drug, and Cosmetic Act) It is illegal to offer gifts or other items when purchasing a tobacco product. (CFR § 1140.34(b)) Samples of tobacco products are illegal except in locations that exclude persons under 21 years of age. (21 US Code § 387 a-1(a)(2)(G)) (ORS 180.486)(431A.175) Working with Multnomah: County Tobacco retailers must permit access for Multnomah County inspectors to perform annual inspections and investigations. (MC TRL Rules § H.2.a) Tobacco retailers must cooperate in remediation planning. (MC TRL Rules § H.2.b.i) A tobacco retail license is nontransferable. If you should move your business within Multnomah County, you must obtain a new license prior to selling tobacco products at the new location. If a licensed business is sold or transferred, the new owner must obtain a new license for that location before selling tobacco products. If you have any further questions please contact us at: 503-988-4163 or hlth.tobacco.prevention@multco.us 6/2016 47 A Multnomah County Environmental Health Services Tobacco Control and Prevention Program Tobacco Retail License Inspection Routine Form Date: Time in: Time out: Business Name: Lots of Smokes Person in Charge Name: Facility Number: 17-00225-TRL Address: 847 NE 19Th Ave 350 City: Portland Zip: 97232 Phone: 111-111-1111 Headquarters or corporate office name, if applicable: Berenice Retail Business Owner Observed violations Check "In" or "Out" for each of the following: In=in compliance Out=out of compliance IN OUT 1. El CI Tobacco Retail License required 2. CI CI Tobacco Retail License displayed 3. E CI Original packaging 4. 171( n Vending in 21+ only 5. E EIJ No self-service 6. E J Cigarette packs of 20 7. E No loosies 8. E CI No flavored cigarettes 9.E 1I No gifts with tobacco product purchase 10. 17'111 No free samples 11 fI n No light, low tar or mild 12. CI CI Required state signage 13. CI I-1 Correct IDS packaging Phone: 503-988-4163 Email: hlth.tobacco.prevention@multco.us Website: mchealthinspect.org Date generated: 3/28/2017 Remediation plan Tobacco Retailers must comply with the remediation plan. Observed violations must be corrected within 15 calendar days of the inspection. 48 Page 1 of 2 A Multnomah County Environmental Health Services Tobacco Control and Prevention Program Observed violations Check "In" or "Out" for each of the following: In=in compliance Out=out of compliance IN OUT 14. E 15. E LITobacco Retail Inspection allowed LI Comply with Remediation Planning Tobacco Retail License Inspection Routine Form Remediation plan Tobacco Retailers must comply with the remediation plan. Observed violations must be corrected within 15 calendar days of the inspection. Inspection Results: Notes: No Violations Comments: riObserved violations must be corrected by It is the responsibility of each Tobacco Retailer to be informed regarding all laws applicable to the Tobacco Retail license, including those laws affecting the issuance of a Tobacco Retail license, It is also the Retail Business Owner's responsibly to ensure that all employees and retail associates who sell tobacco products are informed of and trained to comply with all federal, state and local tobacco -related laws pertaining to the license. A follow-up inspection will be conducted within 30 days of the Remediation Plan completion date to confirm violations have been corrected. Any violations observed during or after the follow-up may result in the imposition of a civil penalty, license suspension or revocation, not to exceed $1000 per day (MCC § 21.568). Signatures Inspector Date Person in Charge Date Inspector Name Phone: 503-988-4163 hlth.tobacco.prevention@multco.us Website: mchealthinspect.org 49 Date generated: 3/28/2017 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS KLAMATH COUNTY, OREGON IN THE MATTER OF ORDINANCE NO. 90.00 ESTABLISHING TOBACCO RETAIL LICENSING IN ) ORDINANCE NO. 90.00 KLAMATH COUNTY AND AMENDING KLAMATH COUNTY CODE WHEREAS, businesses in Klamath County that sell tobacco products currently do not have to obtain a license in exchange for the privilege of selling tobacco; and WHEREAS, research shows a tobacco retail license is an effective way to reduce youth access to tobacco products; and WHEREAS, thirty-five (35%) percent of youth were able to successfully purchase tobacco products during the 2014-2015 Food and Drug Administration inspections; and WHEREAS, twenty-eight (28%) percent of 11th graders in Klamath County reported regular tobacco use; and WHEREAS, ninety percent (90%) of smokers start before age 18. NOW THEREFORE, it is the intent of the Board of County Commissioners, in enacting this ordinance, to provide for the public health, safety, and welfare of youth by amending Klamath County Code to require a license to sell tobacco, resulting in a restriction of tobacco sales to those younger than the minimum age established by state law for the purchase or possession of tobacco products. Klamath County Code is hereby amended to add Chapter 412, Tobacco Retail Licensing, as set forth below: Ordinance No. 90.00 Establishing Tobacco Retail Licensing in Klamath County Page 1 50 CHAPTER 412 CONTENTS CHAPTER 412 TOBACCO RETAIL LICENSING GENERAL PROVISIONS 138 412.001 Definitions 139 412.010 License Requirements 140 412.020 License Non -transferable 141 412.030 Prohibited Activities 141 412.040 Inspections. 141 412.050 Enforcement 142 412.060 Fees 142 412.070 Appeals and Hearings 142 412.080 Penalties 142 412.090 Youth Decoy Participation 143 412.100 Severability 143 Ordinance No. 90.00 Establishing Tobacco Retail Licensing in Klamath County Page 2 51 412.001 DEFINITIONS. (1) Arm's Length Transaction: A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two or more informed and willing parties, none of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this ordinance is not an Arm's Length Transaction. (2) Department: Klamath County Health Department (3) Inhalant Delivery System: Any device or component of a device meeting the definition of "inhalant delivery system" in Oregon House Bill 2546. (a) A device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device; or (b) A component of a device described in this definition or a substance in any form sold for the purpose of being vaporized or aerosolized by a device described in this definition, whether the component or substance is sold separately or is not sold separately. (4) Inhalant Delivery System Retail Store: A retail store utilized primarily for the sale of inhalant delivery system products and accessories, and in which the sale of other products is merely incidental. (5) Retail Sale: Any transfer, conditional or otherwise, of title or possession of Tobacco Products. (6) Tobacco Products: (a) Any substance containing, made, or derived from tobacco that is intended for human consumption by any means including, but not limited to, cigarettes, cigars, little cigars, pipe tobacco, shisha, hookah tobacco, snuff, chewing tobacco, dipping tobacco, orbs, strips, sticks, or any other preparation of tobacco. (b) Electronic cigarettes or any inhalant delivery system containing or delivering nicotine. Ordinance No. 90.00 Establishing Tobacco Retail Licensing in Klamath County Page 3 52 (c) Vape juice or e -liquid defined as any aerosol or liquid solution that vaporizes when heated to make a smoke -like vapor and that contains nicotine or any nicotine containing product, in any amount or concentration, including tobacco plant extract, tobacco dust, or synthetic nicotine in any amount, concentration or strength, in any form including but not limited to bottled, pre -filled cartridges, or as part of a kit. (d) This definition excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or tor any other therapeutic purpose, if the product is marketed and sold solely for such an approved purpose. (7) Tobacco Retailer: Any person or entity, as defined in ORS 60.001, that owns a business that sells, offers for retail sale, exchanges or offers to exchange tobacco products, including inhalant delivery system retail stores, or that distributes free or low cost samples of tobacco products. This definition is without regard to the quantity of tobacco products sold, offered for retail sale, exchanged, offered for exchange, or distributed. 412.010 LICENSE REQUIREMENTS. (1) A Tobacco Retail License is required for each address at which tobacco products are available from a Tobacco Retailer. (2) Application for a Tobacco Retail License issued under this ordinance shall be made on forms provided by the Department. (3) To obtain a Tobacco Retail License, each applicant must meet all requirements of this ordinance, the rules adopted pursuant to this ordinance, and federal, state, and local laws relating to the retail sale of tobacco products. (4) A Tobacco Retail License fee shall be submitted with the license application. (5) The Tobacco Retail License shall be displayed in a prominent and conspicuous place at the location licensed. (6) Each Tobacco Retail License shall be valid from January 1st to December 313t of a calendar year, or for a prorated portion of the year if the license is for a new location. (a) The Tobacco Retail License must be renewed annually on or before December 31st. Ordinance No. 90,00 Establishing Tobacco Retail Licensing in Klamath County Page 4 53 (b) The application: for renewal is considered late if submitted after December 31 and is subject to a late fee as recommended by the department and adopted by the Board of County Commissioners. (c) Tobacco Retail Licenses for 2017, the first year of adoption of this ordinance, do not have to be obtained. Tobacco Retail Licenses are required beginning January 1, 2018. 412.020 LICENSE NON -TRANSFERABLE. (1) A Tobacco Retail License may not be transferred from one Tobacco Retailer to another or from one location to another. (2) Prior violation of this ordinance at a location will continue to be counted against a location, and license ineligibility and suspension periods will continue to apply to a location unless 100 percent of the interest in stock, assets or income of the business, other than a security interest for the repayment of debt, has been transferred to one or more new owners. The new owner must provide the Department with clear and convincing evidence, including an affidavit, that the business has been acquired in an Arm's Length Transaction. (3) Prior violation of this ordinance may be considered in subsequent enforcement actions and application for additional Tobacco Retail Licenses. 412.030 PROHIBITED ACTIVITIES. (1) It is a violation of this ordinance for a Tobacco Retailer to make available tobacco products: (a) Without a Tobacco Retail License; (b) From a motor vehicle; (c) Outside original packaging containing health warnings satisfying the requirements of federal law; (d) To a person who is younger than the minimum age established by state law for the purchase or possession of tobacco products. (e) To a person who appears to be under the age of 27 years without first examining the recipient's identification to confirm that the recipient is at least the minimum age under federal, state, or local law to purchase and possess tobacco products, as required by the Oregon Health Authority. (2) It is a violation of this ordinance to fail to comply with license terms, the rules adopted pursuant to this Ordinance No, 90,00 Establishing Tobacco Retail Licensing in Klamath County Page 5 54 ordinance, and federal, state, and local laws relating to the retail sale of tobacco products. 412.040 INSPECTIONS. (1) The Department Director, or designee, shall have authority to inspect and investigate potential violations of this ordinance in accordance with the tobacco retail licensing policies and procedures. (2) The provisions of this ordinance will not be deemed to restrict the right of the county to inspect any property pursuant to any applicable federal, state, or local law regulation. 412.050 ENFORCEMENT. (1) The Department Director, or designee, shall enforce the provisions of this ordinance and the policies and procedures adopted pursuant to this ordinance. (2) The Department Director, or designee, may issue civil penalties, impose restrictions, and deny, suspend, or revoke a Tobacco Retail License based upon a finding that a Tobacco Retailer is in violation of the rules adopted pursuant to this ordinance, and federal, state, or local laws relating to the retail sale of tobacco products. 412.060 FEES. (1) License fees under this ordinance will be set by the Department and adopted by the Board of County Commissioners. (2) All license fees imposed for a Tobacco Retail License shall be remitted to the Klamath County Treasurer for deposit into the tobacco retail licensing enforcement fund. 412.070 APPEALS AND HEARINGS, (1) Any person receiving a written notice of violation of this ordinance may request a hearing in accordance with Chapter 800, Uniform Civil Violation Procedure of the Klamath County Code. 412.080 PENALTIES (1) Notwithstanding 412.070 and Chapter 800, alternative civil penalties under this ordinance may be set by the Department and adopted by the Board of County Commissioners. (2) In addition to any civil penalty imposed, the Department Director, or designee, may impose restrictions, and deny, Ordinance No. 90,00 Establishing Tobacco Retail Licensing in Klamath County Page 6 55 suspend, or revoke a Tobacco Retail License based upon a finding that a Tobacco Retailer is in violation of the rules adopted pursuant to this ordinance, or federal, state, or local laws relating to the retail sale of tobacco products. (3) Surplus funds generated from civil penalties shall be remitted to the Klamath County Treasurer for deposit into the tobacco education and cessation fund. 412.090 YOUTH DECOY PARTICIPATION (1)Klamath County shall not enforce any law establishing a minimum age for tobacco product purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "Youth Decoy") if the potential violation occurs when: (a)The Youth Decoy is participating in an inspection supervised by a peace officer, code enforcement official, or the person designated by the County to monitor compliance with this ordinance. (b) The Youth Decoy is acting as an agent of a Person designated by Klamath County. (c) The Youth Decoy is participating in an inspection funded in part, either directly or indirectly through subcontracting, by Klamath County Public Health or the Oregon Health Authority. 412.100 Severability. If any section, subsection, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Chapter. Ordinance No. 90,00 Establishing Tobacco Retail Licensing in Klamath County Page 7 56 This Ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage. DONE and DATED this day of , 2017. KLAMATH COUNTY BOARD._ OF CrMISSIONERS /� t(t` Chair / Commissioner Commissioner; APPROVED FOR LEGAL SUFFICIENCY: ATTEST: David P. Groff Klamath County Counsel Ordinance No. 90.00 Establishing Tobacco Retail Licensing in Klamath County Page 8 Recording Secretary 57 58 59 GREETING Hello, this is with the Rede Group. I'm trying to reach . Is he/she available? (If answer is Yes) Thank you. (Then begin with interview introduction when person gets on phone) (If answer is No) I am assisting the Deschutes County Public Health Dept. in an effort to gather input from businesses that sell tobacco and vaping products. We connected earlier by phone and scheduled this interview with . Since he/she is not available, is there another manager or person in charge that we could speak with? (If answer is Yes ) Thank you. (Then begin with interview introduction when person gets on phone) (If answer is No) Okay. Could you please let know that we contacted him/her to conduct this interview and that we may try to get back in touch to reschedule the interview? Thank you for your time. Goodbye. INTERVIEW INTRODUCTION Hello , this is with the Rede Group. I am assisting the Deschutes County Public Health Dept. in an effort to gather input from businesses that sell tobacco and electronic nicotine delivery systems (also known as vaping products) about the best way to prevent underage youth from accessing and using 60 these products. We connected earlier by phone and scheduled this interview. Is now still a good time to talk? Thank you for agreeing to be interviewed for this survey of business owners. As we stated in our first contact with you, we are conducting this interview on behalf of the Deschutes County Public Health Department. Currently, minors are using tobacco products including hookahs and vape pens, in Deschutes County at alarming rates. The Deschutes Public Health Department is trying to better understand how to prevent youth from accessing and using these tobacco products. The health department currently has a grant to look into community level solutions to prevent youth from accessing and using tobacco including vape products. I'm assuming, as a retailer of tobacco and/or vaping products you are likely aware of community and state level discussions and legislative action regarding this issue? (If answer is Yes, skip to Introduction Closing) (If answer is No, read Legislative Action then continue to Introduction Closing) LEGISLATIVE ACTION In 2016 a new law took effect establishing the legal sale age for electronic nicotine delivery systems to be 18. Then, during the 2016 legislative session, SB 1559 which would have required a state retail license to sell tobacco or electronic nicotine delivery systems was introduced, but failed to pass. Additionally, some local jurisdictions like Lane and Multnomah counties have recently implemented a tobacco retail licensing system. INTRODUCTION CLOSING Given the interest in preventing youth from accessing and using tobacco, the Deschutes County Health Department is conducting interviews with the business community to hear your perspective 61 on this public health issue. Information I compile will be shared with decision makers, stakeholders and your community, but your name and other identifying information will remain confidential unless you specifically request that it be made public. The interview will take about 30 minutes. As we move through the interview, please feel free to ask me any questions if something that I have said needs more clarification. Do you have any questions for me at this point, or may we begin? Interview Questions - Demographics Question 1 How would you describe yourself? [Select only one answer] A. Manager B. Owner C. Staff Question 2 How long have you worked in this store/business? [Select only one answer] A. 3 months or less B. 6 months or less C. 1 year or less D. 1-3 years E. 3-5 years F. More than 5 years Interview Questions - Youth Access Question 3 Please describe your training policies or program used to educate your employees on the subject of preventing the sale of tobacco and/or electronic nicotine delivery systems to minors? [Open-ended) 62 Please indicate whether you strongly agree, somewhat agree, somewhat disagree, strongly disagree or neither agree or disagree with the following statements: Question 4 Your current training policies and program are successful in limiting sales of tobacco and electronic nicotine delivery systems to minors? Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Question 5 Employees at my store have experienced minors attempting to purchase tobacco or electronic nicotine delivery products illegally. Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Question 6 If you become aware that one of your clerks has sold tobacco or electronic nicotine delivery systems to a minor, what is your protocol for dealing with that situation? (open-ended) Question 7 Is there anything that the Deschutes County Health Dept. could do to support your education and training efforts focused on reducing sales of tobacco and nicotine delivery systems to minors? [Circle yes, no, or unsure] Yes/No/Unsure 63 If Yes, please describe: Background - TRL Policy Despite most retailers best efforts, youth in OR still get their hands on tobacco products and experiment with smoking and/or vaping. The 2015 Oregon Healthy Teens Survey data indicates that the number one way high school kids access tobacco products is through their friends who are eighteen years or older. However, 39% of survey respondents from Deschutes County cited "stores" as their access point to tobacco products. OR state law prohibits selling any tobacco or vaping product to children under 18, but the state has limitations when it comes to enforcement. As a result local jurisdictions are trying to find their own best methods to address youth tobacco use initiation and access to tobacco and vaping products. One solution that has been put into place by a couple of counties and a handful of cities in Oregon is a local tobacco retailer license system. These systems require retailers pay an annual licensing fee and there is a graduated system of penalties for stores that are found to be out of compliance with minor sales laws. Fees/fines collected from the tobacco retail license program support retailer education and license enforcement efforts. Interview Questions — Tobacco Retail Policy Question 8 If a tobacco retail license system would help prevent youth from starting to use tobacco or vaping products, I would support a licensing program. Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree 64 Question 9 What do you think the penalty should be for retailers who continually break the law by selling tobacco products to minors? (Open-ended) Question 10 How, if at all, would your business be impacted by the implementation of a tobacco retail license system, similar to the Oregon Liquor Control Commission alcohol license system? (Open-ended) Please indicate whether you strongly agree, somewhat agree, somewhat disagree, strongly disagree or neither agree or disagree with the following statements: Question 11 If I knew it would reduce or prevent youth from using tobacco, I would consider discontinuing the sale of flavored tobacco and/or vaping products. Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Question 12 If I knew it would reduce or prevent youth from using tobacco, I would support a policy that prohibits retailers from selling tobacco within 1000ft. of schools. Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree 65 Question 13 1 would support increasing the purchase age for tobacco and vaping products from 18 to 21, like the purchase age for alcohol and recreational marijuana. Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Question 14 My store would be willing to post Oregon Tobacco Quit Line information in order to support tobacco users who are interested in quitting. Strongly agree Somewhat agree Neither agree nor disagree Somewhat disagree Strongly disagree Question 15 Is there anything else concerning this subject matter that you would like the Deschutes County Public Health Department to know? (Open-ended) That was my last question. Thank you very much for your time and thoughtful responses to this survey. (If phone interview) Could 1 please verify your name and the address that you would like us to mail your $25 gift card to? Name: Address: Thank you and have a nice day. 66 06i Tobacco Retai OUTCOMES OUTPUTS ACTIVITIES E L uo 0 intermediate short-term O CU E N E Q U Assessment of tobacco retail os 0 -4=1'0 .o ) c c N aa) aa)) 5 L > 1A c E u environment CL w v a_ V) I—L F cd lap • o G. J z awareness about the need for O = E 4 E N • u OO O U a) U E • N u c o O ->v c cd ,N - c U b JOL- Reduce adult Tobacco retail u 0c -0 L ,T a) i _° tb.0 L a) • -0 0 0 cd c 0) o CI_ Increased price licensure in place L b.0 0) �+ C O td• L U E a; +S u L c 'L O o. CL cid U +J L a-+ C N c 9. C O CI- a) E v p .� c 0 0CO • '• o o o 4g- 10- c o- a n. d a 025 w a) ._ 0 a) rzuN 0 IJ E .> o U (t1 a) 0 O c a_ O 47, a) 40 c cd > al 025 Stakeholder Decision maker >.. 0 at N c a_ Q 0 .o Lu N -0> 0v c H ot$ cd .N C s fd L cd u c1L0 v) On 0 v C a) ✓ N ▪ a) E a) h 0) d ' + cd 0 0 • •+'' 4 U c a) ate) ac) a) 0 cd• _ c CCi a) L E U c O cd C 0) 67 Local control N U c 0 CI 49 0 m -c 1) .470 C CU C O EGJ tn cca II MOM c v U c.) -ora = a U • o W OC 5 `a O L V c C o Environmental 0 c.) O •03 - L Q) ri '1 f 1;1) 0 LA 0 1/1 0 LA0 LA 0 LA 0 I1) Tr Tr en m N N aSei.ua3iad *Includes cocaine, ecstasy, heroin, hallucinogens, methamphetamines a-+ W l-1 • tn O V) E ca _ tn cu cu CD +a C Ca W ttO V � N— 4-+ O N i coif O CO eNNi 0 M r+ 4J O N N co a N e- l Ln o in o N N r-1 r-1 a2e4uauaad 0 l0 e -I 0 0 N Lfl 0 0 Lfl 0 aSel.UaDJad 0 0 0 rsj rsJ 0 N co i bIA e -t 3 txo t/i C O N E c co cu co O O w O •i' Ln cnCL) = 3 O bD � i O O M 4-+ N co a c0 d.' 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