REVOCABLE RIGHTS; LOS ANGELES CONSIDERS CONDITIONAL TOBACCO LICENSES.

Byline: Dominic Berbeo Staff Writer

In a bold move to stem the sale of tobacco to minors, Los Angeles is considering issuing revocable licenses to all stores, supermarkets and gas stations that sell cigarettes, cigars or chewing tobacco.

The City Council has approved spending some of the $1.5 million from settlements with the tobacco industry to enforce the licensing program, and the City Attorney's Office is drafting the law.

``The message to tobacco vendors is if you violate the law and sell to minors, you can have your license suspended,'' said City Attorney James Hahn, a mayoral candidate. ``After three strikes, we'll revoke your license. It's that simple.''

Hahn said the proposed law will be drafted by January for City Council action.

Store owners contend the plan is unfair.

``This is supposed to be a free country, but that's a hell of a lot of control over businesses,'' said Roy Canada, the owner of Edward's Pipe and Tobacco in Reseda.

``It's ridiculous how many people listen to the scare tactics of the government,'' he said. ``This won't stop kids from smoking. The more a thing is prohibited, the more attractive it is to kids.''

Retailers also are concerned they could lose their license because of an errant employee.

``We believe it is unfair and not responsible to penalize a large retailer for the mistake or bad intentions of one employee,'' said Todd Priest, a spokesman for the California Grocers Association.

Under the Los Angeles plan, an estimated 11,000 tobacco retailers would be issued sales licenses. The licenses will be issued free of charge, Hahn said.

The city would join the ranks of 14 states and 258 cities and counties nationwide that have similar programs, according to the Public Health Institute.

Licensing programs were adopted last year in Contra Costa and San Mateo counties, where retailers may be suspended from selling tobacco products for as long as a year.

Julie Freestone, a spokeswoman for the Contra Costa County Tobacco Prevention Project, said no licenses have been revoked but a dozen businesses have been warned.

In King County, Wash., a licensing program resulted in 51 fines and temporary suspensions last year. But no company has so far been issued the maximum penalty of $1,500 and a five-year suspension, said Colin Jones, the project coordinator for the Seattle-King County Public Health Department.

In Boston, a program established in 1997 has led to eight one-week suspensions and 107 warnings, said Kevin Kroner, who directs the Boston Tobacco Control Program.

Under the law proposed for Angeles, businesses that violate the law would be issued two warnings before their licenses were suspended, Hahn said.

The length of the suspensions has not been determined.

State officials estimate that 280 children started smoking or chewing tobacco every day last year in California. They say half of all smokers started using tobacco before they were 15 and nine of 10 by 18.

Under state law, business owners are fined $250 by the state for the first violation of selling to minors and up to $6,000 for additional violations, which Hahn called a slap on the wrist even if enforced, which he said it rarely is.

``I can't remember one single instance in the city of Los Angeles where the law against selling to minors has actually been effectively enforced,'' Hahn told members of the San Fernando Valley Alcohol Policy Coalition at a meeting in Van Nuys.

Jessica Quintana of the Los Angeles regional branch of the the Tobacco Control Community Linkage Project said she believes a city-licensing program will make a big difference in reducing tobacco use by minors.

But Margaret Chabris, a spokeswoman for the 7-Eleven chain, said there should be ``responsibility on both sides of the counter'' - penalties for minors who buy cigarettes as well as clerks who sell them to minors.

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Photo: Roy Canada, the owner of Edward's Pipe and Tobacco in Reseda, says he enforces all laws but doubts they deter teen smoking.

Charlotte Schmid-Maybach/Staff Photographer