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ORDINANCE NO. NS-XXXX <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA AMENDING ARTICLE III ENTITLED <br />TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE <br />SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE <br />OF FLAVORED TOBACCO PRODUCTS <br />WHEREAS, pursuant to the City's police power, as granted broadly under Article <br />XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the <br />Santa Ana City Council has the authority to enact and enforce ordinances and <br />regulations for the public peace, health, and welfare of the City and its residents. <br />WHEREAS, the City Council finds and determines that the recent increase in use <br />of e-cigarettes by middle and high school students is a grave public health concern. <br />WHEREAS, according to the American Lung Association, smoking is the number <br />one preventable cause of death in the United States killing over 480,000 people per <br />year'. <br />WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") has <br />definitively linked smoking to more severe illness from COVID-192. <br />WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed <br />venues in the United States contain nicotine. <br />WHEREAS, use of nicotine can harm the developing brain and the brain <br />continues developing until age 25. <br />WHEREAS, use of nicotine in adolescence can lead to lower impulse control and <br />mood disorders3. <br />WHEREAS, there is evidence that youth may be sensitive to nicotine and that <br />teens can feel dependent on nicotine sooner than adults. <br />WHEREAS, as of 2017, more than two (2) million teens were currently using e- <br />cigarettes.4 <br />https://www.lung.org/research/sotc/facts <br />z https://www.lung.org/research/sotc/facts <br />3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016. <br />4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle <br />and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633 <br />City Council 11 — 3 3/15/2022 <br />