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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 WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents. WHEREAS, the City Council finds and determines that the recent increase in use of e-cigarettes by middle and high school students is a grave public health concern. WHEREAS, according to the American Lung Association, smoking is the number one preventable cause of death in the United States killing over 480,000 people per year'. WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") has definitively linked smoking to more severe illness from COVID-192. WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed venues in the United States contain nicotine. WHEREAS, use of nicotine can harm the developing brain and the brain continues developing until age 25. WHEREAS, use of nicotine in adolescence can lead to lower impulse control and mood disorders3. WHEREAS, there is evidence that youth may be sensitive to nicotine and that teens can feel dependent on nicotine sooner than adults. WHEREAS, as of 2017, more than two (2) million teens were currently using e- cigarettes.4 https://www.lung.org/research/sotc/facts z https://www.lung.org/research/sotc/facts 3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016. 4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633 City Council 11 — 3 3/15/2022