Over the past few years, retail crime has been on the rise across the country. A seemingly regular part of the daily news cycle is stories about robberies at convenience stores or chilling videos of “smash and grabs” at tobacco stores. The National Association of Tobacco Outlets (NATO), a national trade association that represents more than 66,000 retail stores that sell tobacco and nicotine products throughout the country, is partnering with its members and working with federal, state and local elected officials to combat this problem.
On the federal level, the Combating Organized Retail Crime Act of 2023 is pending in Congress. The legislation would increase the federal enforcement of organized retail crime and asks Congress to examine how to make the reporting of crimes less burdensome for businesses and law enforcement and analyze how substance abuse and mental health issues contribute to the rising levels of retail crime. This legislation is unlikely to pass before Congress adjourns at the end of the year, but efforts will continue to advocate for legislation in the new Congress.
Several states around the country have also been addressing this issue with legislation. In Oklahoma, a new law was enacted that increases burglary penalties at businesses. While a first offense for burglary would be a misdemeanor charge, subsequent offenses would result in felony charges. New York also implemented retail theft protections including changing assaults on retail workers from misdemeanors to felonies and funding specialized retail theft teams within state law enforcement organizations.
Voters in Arizona and California will also have a say with this important issue at the ballot box in November. Arizona Proposition 312, if passed, will hold municipalities financially accountable for lax law enforcement by allowing residents, businesses and property owners impacted by unenforced laws and crime to seek compensation for documented, reasonable expenses incurred because of retail theft. California voters will decide on Proposition 36, which will address organized and serial retail theft by closing the loophole that allows thieves to victimize businesses repeatedly without consequence, providing new tools to confront the fentanyl and drug addiction crisis and prioritizing mental health and drug treatment.
NATO encourages retailers to continue to engage with their elected officials on this matter. Brick-and-mortar retail stores are an integral part of the community providing vital services and resources, employing individuals and contributing to the local economy. These stores need to be protected from dangerous crimes.
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