The New York Association of Convenience Stores contends that the Responsible Tobacco Retailing Act would duplicate efforts at the state and federal levels and create an additional burden on retailers that comply with laws governing tobacco sales.
"Our position is there is not a need, and actually there is a [image-nocss] detriment and a cost, to burdening neighborhood retailers with additional layers of tobacco regulation when there already is extensive tobacco regulation here in Buffalo, and across the state and across the nation, with much more to come," James Calvin, president of the convenience-store group, told the newspaper.
The measure, which has yet to come before the city's Common Council for a vote, would place restrictions on tobacco advertising at stores and aim to reduce the number of tobacco-selling outlets in the city, according to the report. It would also require tobacco retailers to have a city license and mandate inspections to ensure compliance.
Supporters of the measure want to crack down on tobacco advertising that backers say is aimed at kids and are concerned about a high concentration of outlets selling tobacco in low-income areas.
Michael F. Newman, executive vice president of NOCO Energy, which oversees the NOCO Express Shops chain, said the efforts are misplaced. He contends that the measure would hurt licensed retailers such as NOCO, which take steps to follow the law, such as verifying that customers are old enough to buy tobacco products.
"I think this ordinance does nothing more than simply broaden the differential between legitimate, responsible retailers and illegitimate retailers that are securing cigarettes in manners that are inappropriate and largely go tax-free, to neighborhoods," Newman, who also is chairman of NYACS, told the newspaper.
The city should focus on retailers who do not obey tobacco sales laws, Newman said. "If they think that's a problem," he said, "I think they should address that problem."
Calvin said that he agrees tobacco needs to be regulated but that such regulations are already in place, particularly with new powers granted to the U. S. Food and Drug Administration.
In addition, Newman said, new regulations are in development. "The FDA has to be given time to do this," he said. "Why would any community need or want to leapfrog the FDA, or out-FDA the FDA?"
The proposal calls for cigarette manufacturers to pay a fee tied to each tobacco product brand and style sold at stores in the city to cover the cost of the inspection and permitting program. But Newman said the manufacturers would pass that expense to retailers, which would, in turn, pass it along to customers--potentially costing the retailers more business as customers go elsewhere.
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