Texas Tobacco Enforcement – Frequently Asked Questions
For Tobacco Grantees:
- As part of our grant we are required to do 1/3 of the retailers in our jurisdiction – can we do more?
- Where do we report our expenses for my grant training?
Inspections and Stings:
- Can you return the cigarettes when the officer gives a citation rather than expensing them?
- If you have a location that has a vending machine, can you send a minor in to attempt a buy?
- Can we work with another grantee in an adjacent county or city to perform stings?
Regarding the Law:
- Can a vehicle tobacco permit be transferred from one vehicle to another?
- Does a kiosk in a parking lot of a big box store need a separate permit?
- For outdoor signage, is it the school itself or any school property that applies?
- Is retailer notification of employees about tobacco law optional?
- Do managers need to keep employee notification forms with SSN readily available for inspection?
Tobacco Grantees
- Q: As part of our grant we are required to do 1/3 of the retailers in our jurisdiction – can we do more?
- A: You can do more just not less. There is high turnover at retailers so it is good to do more education.
- Q: Where do we report our expenses for my grant training?
- A: Retailer and Judicial Education
Inspections and Stings
- Q: Can you return the cigarettes when the officer gives a citation rather than expensing them?
- A: You need to work with the court in your area to determine whether this is appropriate. You may need to keep the purchased cigarettes for the courts.
- Q: If you have a location that has a vending machine, can you send a minor in to attempt a buy?
- A: Yes. It is the responsibility of the retailer to ensure that a minor does not have access.
- Q: Can we work with another grantee in an adjacent county or city to perform stings? Our officers are well known in the community and it is difficult to perform stings.
- A: Yes, officers from another area can be paid to perform stings within your area to ensure success.
Regarding the Law
- Q: Can a vehicle tobacco permit be transferred from one vehicle to another?
- A: No. A vehicle tobacco permit will have the vehicle identification number (VIN) to identify it unique to the vehicle.
- Q: Does a kiosk in a parking lot of a big box store need a separate permit?
- A: No, they can operate using the same permit as the main store. However, they cannot make a photocopy they must request a duplicate permit from the Comptroller’s Office.
- Q: For outdoor signage, is it the school itself or any school property that applies? For example, the school owns some homes and ball fields.
- A: They have to be using the property for the instruction of children.
- Q: Retailer notification of employees and the tobacco law – is this optional?
- A: The statute says “shall.” Retailers are required to notify employees about tobacco laws within 72 hours of employment.
- Q: Do managers need to keep employee notification forms with SSN readily available for inspection?
- A: They may keep a copy with the SSN redacted provided if requested they can produce the original forms.