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City Manager Office www.santa-ana.org/cm Item # 11 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 15, 2022 TOPIC: Flavored Tobacco AGENDA TITLE: Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE III ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION Background At the March 1, 2022 meeting, the City Council approved the first reading of an ordinance prohibiting the sale of flavored tobacco products —including hookah. Flavored tobacco product means any tobacco product that imparts a characterizing flavor. The ordinance includes a definition of tobacco product that is also used in Senate Bill 793, and is cited below: "Tobacco product" means any of the following: (1) a product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated or chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not limited to, cigarettes, cigars, little cigars, hookah tobacco, chewing tobacco, pipe tobacco or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, pipe or hookah; (3) any component, part or accessory of a tobacco product whether or not sold separately. "Tobacco product" does not include a nicotine replacement product approved by the US Food and Drug Administration. Enforcement The ordinance (Exhibit 1) amends Sec. 18-92 of Chapter 18, Article III the Santa Ana Municipal Code to declare that it shall be unlawful for any tobacco retailer in Santa Ana City Council 11 — 1 3/15/2022