The price of a pack of cigarettes could go up by a dollar a pack–if Proposition 29 is passed. The money generated from the new tax would go toward cancer research. Supporters say the tax would help encourage smokers to quit. But, opponents argue the increases will only push people to shop elsewhere. Tax on a pack of cigarettes in California is currently 87 cents. The Tobacco Tax Initiative–Prop 29–would increase that by a dollar. The tax is expected to raise 735 million dollars.

Supporters include Los Angeles Mayor, Antonio Villaraigosa, and cycling legend and cancer survivor, Lance Armstrong.

“This in many ways has become a political issue, and for the first time in my career, and as a cancer survivor we’re learning that, but we’re on the right side.” Armstrong says.

Opponents of Prop 29, including owner of a local tobacco shop, Sam Atalah, agrees that fighting cancer is the right thing to do, but doesn’t believe raising taxes is the right way to do it.

“It’s going to drive people away from buying their cigarettes and tobacco products from the state. They tend to go online and buy them to save taxes they’re charged.

David Spadey is the state director of a taxpayers association calling itself, Americans for Prosperity. The association, along with the tobacco industry, has spent about 40 million dollars to defeat Prop 29.

“There’s nothing that mandates this money stay in California. It can be spent outside California or outside the country.”

Supporters of the tax strongly disagree with that, and say the word “California” is inserted throughout Prop 29. If Prop 29 passes, it will take effect in the fall.

There are more than 100 tobacco retailers located less than 1,000 feet from local K-12 schools in Sacramento, and City Council members say that’s too close for comfort – so they are proposing tighter restrictions for retailers to keep kids safe. “Tobacco sales so close to kids in school? It doesn’t seem like its a good match,” City Councilman Kevin McCarty said Tuesday. The new ordinance was initiated by McCarty and Councilwoman Sandy Sheedy in 2010, and it reached the full council for consideration after first being reviewed by both the Law and Legislation committee and the city Planning commission earlier this year.

The City Council unanimously passed the ordinance for publication Tuesday, which moves the item closer to final approval. Public discussion of the ordinance will be scheduled later this month.

McCarty said there has been a movement throughout the state to tighten regulations on tobacco sales, but the problem really hit home for him when a tobacco shop opened in his district just 40 feet from an elementary school.

“It begged the question: How does this happen? Can we halt it?” McCarty said.

Currently there are approximately 430 licensed tobacco retailers located within the city, according to the city staff report –104 of those are located within 1,000 feet of a public school.

Although the city has a number of regulations in place to control the sale of tobacco within city limits, there are no restrictions on distance from schools or hours of operation.

The proposed ordinance will require all new tobacco retailers in the city to get a special permit – along with the required city business license – if they want to locate their shop within 1,000 feet of any K-12 school.

“(We) wanted (the ordinance) to be similar to what the city has for alcohol sales,” Senior City Planner Joy Patterson said Tuesday.

Alcohol retailer permits are subject to conditions that vary depending on the location and size of the retailer, Patterson said. The proposed tobacco retailer ordinance will follow that model.

“The best thing about a conditional use permit is the word conditional,” McCarty said. “(We) can condition hours of operation, signage, or what have you, and we can revoke the permit if there is bad behavior. It’s a permit. It makes activity permissible, not a right.”

Patterson added that the new distance requirements for tobacco retailers would not be retroactive to current businesses – all 104 shops that are within 1,000 feet of a school would be grandfathered into the new ordinance.

“This only affects new retailers at new locations,” Patterson said. “If you’re an existing retailer within 1,000 feet of a school, you get to stay.”

Patterson said that businesses larger than 15,000 square feet that dedicate less than 10 percent of shelf space to tobacco products – such as grocery store chains or big box retailers – will be exempt from the new permit.

“Typically, cigarettes sold at a grocery store is such a small part of their business that it doesn’t have the impact of a smaller store,” she said. “The idea (behind the ordinance) is to limit the smaller stores that have tobacco which are more of a concern when they are next to a K-12 school.”

Retailers opening at new locations will be required to pay nearly $3,000 in one-time fees for the new special permit.

The cost of the new permit will be in addition to the tobacco retailer’s license application and fees, which total $370 annually, according to the city website.

“Tobacco companies target kids,” McCarty said. “Seventy-five percent of adult smokers start before they are 18. Why should we as a city help that effort? Maybe we should do what we can to maximize the distance between tobacco shops and schools, instead.”

There will be public discussion at the City Council in the coming weeks, McCarty said, and the new ordinance will go into effect 30 days after it is approved.

IT IS a case of battening down the hatches when it comes to cigarettes. Tobacco products now have to be hidden from sight in all large shops and supermarkets in England under new legislation which came into effect yesterday. The Government has brought in the ruling with the aim of protecting children from being the target of tobacco promotion and helping people quit smoking. The Department of Health says evidence shows cigarette displays in shops can lure young people into lighting up, with nearly two-thirds of current and ex-smokers saying they picked up the habit before 18.

A Morrisons’ spokesman said: “We are prepared for the ban on the display of tobacco.

“We have redesigned the tobacco booths in all stores in accordance with the regulations and have ensured all of our colleagues are aware of the changes.”

Smaller shops and businesses selling tobacco to the public will have to comply with the new rules from April 2015.

Suman Chandran, manager and owner of Albion Stores, in Albion Street, Cheltenham, says it will cost his business around £2,000 to make the necessary changes.

He said: “I think we will probably need to arrange something underneath the counter so we will need to re-do the whole thing. We will need to get a new counter. It’s going to cost a lot of money.”

Pradip Patel, owner of Cotswold News and Cigars, Clarence Street, Cheltenham, said: “The majority of adult smokers know what they want anyway, so they don’t need to browse. But I think people will be more willing to buy black market cigarettes, rather than go into shops.”

Jo Butcher, programme director of health and well-being at the National Children’s Bureau, said: “National Children’s Bureau welcomes the end of tobacco displays.

“Children and young people tell us that outside influences make it even more difficult for them to choose healthier lifestyles.

“A yet-to-be-released National Children’s Bureau health survey has found more than one in four young people felt they needed more information about the health effects of drugs, alcohol or tobacco.

“It’s essential that we create a culture that promotes and protects public health and tobacco legislation is a significant factor in making this happen.”

Cigarettes and all tobacco products have to be out of sight except when staff are serving customers or carrying out other day-to-day tasks such as restocking.

Those responsible in shops not complying with the law could be fined up to £5,000 or could face imprisonment.

In the past month or so, the Citrus County Sheriff’s Office has undertaken two undercover stings – named Operations Jail Bait II & I – and targeting stores that sell tobacco products or alcohol to minors. To put a stop to these illegal sales, the agency’s sexual predator unit detectives and members of the Tactical Impact Unit joined forces with underage informants they drafted to make controlled purchases of tobacco or beer products at stores on the east and west sides of Citrus County.

Operation Jail Bait II was conducted on Friday, March 9, with 16 stores hit on the west side and 14 on the east side. Three misdemeanor notice-to-appear citations, with a mandatory court date, were issued on the west side. They included:

Gloria Fugate, 53, cited at the Coastal gas station, 7160 W. Grover Cleveland Boulevard, in Homosassa.
Eric Nowman, II, 20, cited at the Cumberland Farms store, 8078 S. Suncoast Boulevard, in Homosassa.
Margaret Newsome, 71, cited at the Circle K store, 6775 S. Suncoast Boulevard, also in Homosassa.
While at the RaceTrac station in Homosassa, detectives unexpectedly arrested a subject named James Shye, 26, who had been acting suspiciously.

Shye is facing multiple charges including carrying a concealed weapon (a 380-caliber semi-automatic pistol with a loaded magazine), possession of a controlled substance, possession of cannabis under 20 grams and possession of drug paraphernalia.

His total bond was set at $31,000.

Of the 14 stores targeted on the east side during the sting, six citations were issued.

Christopher Carr, 21, cited at Bob’s Food Mart, 3795 N. Lecanto Highway, in Beverly Hills.
Teresa Adkins, 55, cited at the Texaco station, 5500 N. Lecanto Highway, also in Beverly Hills.
Kelly Neptune, 20, cited at the Texaco station, 645 W. Norvell Bryant Highway, in Hernando.
Mark Kincaid, 51, cited at the Sunoco station, 11520 N. Florida Avenue, in Dunnellon.
Marianne Kilgore, 66, cited at Gus’s Party Store, 2846 N. Carl G. Rose Highway, in Hernando.
Lovette Bruty, 46, cited at the Kangaroo Express, 8486 N. Carl G. Rose Highway, in Hernando.
Operation Jail Bait I was conducted earlier on Wednesday, Feb. 22, again targeting stores that sell tobacco or beer products to underage consumers.

Detectives visited 14 stores on the west side and issued two citations.

Carol Phillips, 56, cited at the RaceTrac station, 3861 S. Suncoast Boulevard, in Homosassa.
Deborah Williamson, 52, cited at Ciggy’s 4 Less, 985 N. Suncoast Boulevard, in Crystal River.
Of the 12 stores visited on the east side, five citations were issued.

Randi Schmidt, 24, cited at the Citgo station, 7810 S. Florida Avenue, in Floral City.
Robert Vega, 24, cited at the Kangaroo station, 743 S. Florida Avenue, in Inverness.
Melisa Pyke, 40, cited at the Circle K store, 5601 S. Florida Avenue, in Floral City.
Dineshbhai Patel, 57, cited at the Shell station, 2612 E. Gulf to Lake Highway, in Inverness.
Pravinkumar Patel, 43, cited at the Mitch Mart, 3383 E. Gulf to Lake Highway, in Inverness.
The store employees who were cited either sold tobacco products to juveniles under 18 years of age or sold alcoholic products to consumers under the legal age of 21.

In the majority of cases, no photo identification was checked or else it was checked incorrectly.

Random compliance checks will continue in the future to stress the importance of checking identification information carefully and not selling alcohol and tobacco products to underage consumers.

Frustrated Massachusetts public health regulators pledged Wednesday to take their campaign for a ban on tobacco sales at pharmacies directly to state lawmakers and the Patrick administration. Five months ago, the state Public Health Council voted unanimously to direct administration officials to investigate the feasibility of prohibiting tobacco sales at drug stores, a measure now in place in about two dozen Massachusetts cities and towns.

But with little evidence of movement on the issue, the council – an appointed panel of doctors, consumer advocates, and professors – decided Wednesday to press its case in a letter-writing campaign to Beacon Hill lawmakers.

“It is morally reprehensible for health care facilities . . . to continue to sell products that will kill a third of their patrons and drive the others to use their numerous pharmacies for their [smoking-related] illnesses,’’ said Dr. Alan Woodward, past president of the Massachusetts Medical Society and a member of the Public Health Council.

The initiative will include letters to the Legislature, the Patrick administration, and the state’s Board of Registration in Pharmacy, which regulates pharmacists, asking it to take “all appropriate actions’’ to end the sale of tobacco in pharmacies.

Legislation to ban tobacco sales at pharmacies is pending. John Auerbach, the state’s public health commissioner, said his department has discussed a ban with lawmakers and is exploring whether the administration can act independently.

Boston, Fall River, and Worcester are among the cities that no longer permit the sale of cigarettes and other tobacco products at pharmacies, declaring that such sales are incompatible with the health care mission of drug stores.

The Public Health Council’s actions came the same day that US Surgeon General Regina Benjamin spoke at a State House rally about the dangers of the tobacco industry’s marketing to youth. Benjamin released a report this month that found that tobacco kills more than 1,200 Americans every day. Each day, said the report, at least 2,400 young people become regular smokers.

The council also voted to send letters to the boards of directors of all major pharmacy chains in the state, asking them to review policies regarding tobacco sales.

Michael DeAngelis, spokesman for CVS/pharmacy, said in a statement that the sale of tobacco products is a “challenging issue’’ for the company because, while its pharmacies are health care providers, tobacco products remain legal for adult consumers.

“We do not advertise or promote tobacco products, and we place them behind the counter so customers must ask for them,’’ DeAngelis said.

There are more than a dozen antismoking bills pending in the Legislature, including two that would restrict the sale of tobacco products at any location where a licensed health professional is employed, including pharmacies.

“There are a huge number of bills that have lagged in the Legislature,’’ said Woodward, who sponsored Wednesday’s Public Health Council action.

The parent company of Philip Morris USA said in a statement it opposes a ban on tobacco sales at pharmacies.

“Such legislation deprives businesses of the opportunity to sell a legal product, unfairly shifts business away from some retailers to others, with no public policy benefit, and imposes an unnecessary inconvenience on adult consumers,’’ said company spokesman David Sutton.

The Massachusetts Medical Society, which represents physicians, sent a letter in December to the Patrick administration urging it to use its regulatory authority over health care facilities, including pharmacies, to halt drug-store tobacco sales.

Another defendant charged in an undercover sting targeting illegal cigarette sales has pleaded guilty to his role in the operation. Hamid “Sam” Choudhry may serve up to five years in a federal prison for committing one count of conspiring with others to transport or sell more than 10,000 contraband cigarettes. Choudhry, age and address unavailable, pleaded guilty to the charge Tuesday in U.S. District Court in Harrisonburg.

The conviction also carries a maximum fine of up to $250,000. Choudhry entered the plea under an agreement reached between Assistant U.S. Attorney Jeb Terrien and defense counsel Danny Onorato.

The agreement calls for the court to dismiss Choudhry’s remaining counts of money laundering and trafficking of contraband cigarettes. U.S. District Judge Michael F. Urbanski accepted the agreement.

Choudhry remains free on bond. Urbanski set his sentencing for Aug. 14.

Authorities have explained in court documents that such a conspiracy involves the buying of taxed or untaxed cigarettes in a state with a low levy such as Virginia. The participants then stand to make money by reselling the taxed or untaxed cigarettes in a state which charges a higher levy without paying that state’s requisite tax.

Participants use the profits from the sale of contraband cigarettes to perpetuate the enterprise, according to authorities. The participants also may engage in money laundering to conceal the illegal profits, authorities have said.

Choudhry and a co-defendant, Mohammad Atif, as well as other individuals, “engaged in [a] scheme to purchase and sell contraband cigarettes,” according to a statement of facts submitted by U.S. prosecutors. The scheme began as early as April 2009 and continued through November 2011, according to the statement.

“During the conspiracy, Mohammad Atif and other defendants collectively paid undercover law enforcement agents more than $2,621,099 for contraband cigarettes,” the document states.

Members of the conspiracy sold the contraband cigarettes to individuals in various states and localities, including New York and New York City, according to the statement, signed by Choudhry.

“In doing so, the conspiracy amassed substantial profits, primarily in the form of cash,” the document states.

Additionally, Choudhry participated in multiple transactions involving the purchase of contraband cigarettes, according to the statement. For example the indictment charges Atif and Choudhry with buying contraband cigarettes on March 2, 2010, at a warehouse run by undercover agents, the statement notes. The men received approximately 840 cartons, each containing 200 untaxed cigarettes, after paying agents about $21,480 in cash, according to the statement.

Another count in the indictment accuses Atif and Choudhry of paying $48,360 in cash for 1,800 cartons of contraband cigarettes two days later from agents at the same warehouse. A third count alleged Atif and Choudhry paid $144,020 in cash for approximately 5,100 cartons of contraband cigarettes from agents at the warehouse on March 23, 2010, the document states.

Atif stands charged with eight counts of trafficking contraband cigarettes, and one count each of money laundering and conspiracy to defraud the United States.

The Board of Health is considering banning the sale of tobacco products at pharmacies, removing a product from shelves that advocates say undermines pharmacies’ mission. “Pharmacists themselves have loved this,” said Sarah McColgan, tobacco control director for the Massachusetts Health Officers Association. “Pharmacists and pharmacy students as a group don’t want to be selling tobacco products. It gives mixed messages that maybe tobacco is OK and it’s not OK.” McColgan and Tina Grosowsky, project coordinator for the Central Massachusetts Tobacco-Free Community Partnership, proposed the ban to the Board of Health last night.

Twenty-five Massachusetts communities have already adopted the ban, affecting 261 drug stores and other businesses that have pharmacies inside, according to statistics provided by McColgan.
Drug stores did not oppose the ban at public hearings in those communities, Grosowsky said.
Pharmacies are trying to become more health-oriented by offering flu shots, clinics and nutrition programs, she said.
“They don’t want to be seen as tobacco-related,” Grosowsky said.
Milford has seven pharmacies that would be affected. All are chain stores that have complied with the ban in other communities, she said.
“They’re sitting back and waiting for it to literally spread across the state,” Grosowsky said.
Board of Health Chairman Kenneth Evans said the board would take the matter under advisement.
Evans said after the meeting that the ban would force people to purchase tobacco products at convenience stores and gas stations, which are more frequently caught selling to minors than pharmacies.
Seven convenience stores or gas stations failed a compliance check last month while no pharmacies were cited. The board last night issued warnings to the violators, Health Officer Paul Mazzuchelli said.
McColgan said passing a ban would reduce the number of places where youth have access to tobacco.
Members of Milford High School’s Students Against Destructive Decisions club attended last night’s meeting in support of the ban.
“Pharmacies are trying to make people better and tobacco products do the exact opposite,” said Alexi Martinez, 18, the club’s vice president.

It’s bootlegging, but prosecutors call their latest bust “Operation Buttlegger,” as in cigarette butts. “Today we send a very direct message to tax cheats. That when your activities are uncovered, you’re going to face substantial penalties,” said Brooklyn District Attorney Charles Hynes. Hynes showed off some of the hundreds of cases of cigarettes valued at more than $4 million used in a sting operation and sold under cost without taxes, having been paid to people like Marmadou Barry and Ching Chung Lam.

“Lam used $180,000 that he was carrying in a grocery bag. Barry showed up with a large amount of cash in a large, black garbage bag,” said Hynes.

Hynes said many of the 23 people arrested planned to sell the tobacco at discount to stores that could jack up the prices for big profits.

“If you have this level of profit, obviously people will do whatever they can to generate this level of profit,” the district attorney said.

Hynes also blamed the public for knowingly buying cheap cigarettes that obviously haven’t been taxed.

“There would a guy who would buy in bulk in Virginia and sit on the stoop and sell them our of a bag and I bought them,” said one local smoker.

Smokers told NY1 they cannot blame them for looking for a bargain and many said it is the government that should be penalized for taxing tobacco so much.

“It’s criminal to tax something more than its total worth,” said a New Yorker.

The Department of Finance says half of all cigarettes sold in the city are untaxed.

Hynes said all of Wednesday’s defendants face one to 15 years in prison and substantial tax penalties. Two of them are also charged with robbery.

More arrests in connection with the case are possible.

A BUSINESSMAN from Hull has been jailed for four months for possessing illegal tobacco and counterfeit DVDs. Ari Safay, 26, admitted four offences under tobacco product regulations, which prohibit the sale of foreign-labelled cigarettes in the UK, and seven trademark and video recording offences for the possession for sale of counterfeit DVDs and tobacco. The prosecution followed a joint investigation by trading standards officers and Her Majesty’s Revenue and Customs inland detection team.

Illegal foreign-labelled cigarettes were found during four inspections of Olivia European Supermarket in Beverley Road, and B&K Kubus in Spring Bank. Further inspections of another business he ran, Skokrotka European Supermarket, in Beverley Road, revealed more illegal tobacco on the premises.

In total, 1,080 packets of foreign cigarettes labelled with “L&M”, “Jin Ling” and “Marlborough” brands were seized after being concealed in different locations in the shops. A further four packets of hand-rolling tobacco labelled “Golden Virginia” were also found and identified as counterfeit. Trading standards officers found 170 counterfeit DVDs at two of the shops.

Safay was warned to stop selling illegal cigarettes on two occasions, but carried on and was caught again twice. He was jailed at Hull Magistrates’ Court and ordered to pay £2,450 costs.

Maddy Ratnett, from HMRC, said: “Low-cost tobacco and alcohol products can often seem very attractive to local people, lured into purchasing them at what seem like bargain prices. However, the truth is these goods have been smuggled and are unregulated often containing harmful chemicals.

“Those involved are not concerned if they are selling to children and underage young people and the illicit trade has a devastating impact on legitimate retailers and the local community.”