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<br />Middleton, Samuel <br />From:Thomas Lawton <Thomas.L@fumari.com> <br />Sent:Monday, March 14, 2022 9:10 AM <br />To:eComment <br />Subject:Agenda Item 11 Article 3 Chapter 18 Public Comment / Request <br />Good afternoon Honorable Mayor and City Council, <br />thank you for giving me the opportunity to submit a written public statement. <br />My name is Thomas Lawton, I am a member of the National Hookah Community <br />Association as well as the Government Affairs Representative for Fumari and submit this <br />statement to speak on agenda item #11, article III chapter 18 . We actively support the <br />implementation of the Tobacco Retail Licensing program and agree that matters should be <br />taken to ensure that tobacco products stay out of the hands of the youth. I ask that you please <br />honor my request and remove this item from the consent calendar for proper discussion and <br />consideration. <br />Before you inadvertently vote to ban the nearly thousand-year cultural tradition of <br />hookah with the flavor ban being considered on agenda item # 11, I ask the city council to <br />consider adding a hookah exemption to the proposed flavored tobacco ban. The flavor ban is <br />meant to put an end to the youth vaping epidemic, although there is no teen hookah <br />epidemic. <br /> The FDA and CDC reports have made it clear that hookah is not the problem with youth <br />and there are no facts that support a ban on hookah. Failing to exempt hookah from the flavor <br />ban will inadvertently affect the livelihood of hookah retailers and lounges. According to the <br />FDA teen hookah use is at 0.8% nationally, the lowest it has ever been. The COVID pandemic <br />coupled with rising costs of inflation has caused financial hardships for retailers who have <br />worked very hard to remain open to serve their customers. If tobacco retailers and hookah <br />lounges are forced to stop selling traditional flavored tobacco products, then customers will <br />simply drive to another store in a neighboring city or purchase their preferred products on- <br />line. Or even worse, Santa Ana will allow an unregulated illicit market the opportunity to <br />flourish with this ban. The additional loss of sales would translate into lost jobs and likely store <br />closures for many minority owned hookah retailers. <br />I ask that city council reconsiders the flavored tobacco ban ordinance until Californians <br />vote in November on whether the California statewide flavored tobacco ban law under Senate <br />Bill 793 is approved or repealed. The voters should be allowed to have their voices heard. <br />Please see the hookah exemption language from SB793 below: <br /> <br />(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah <br />tobacco retailer if all of the following conditions are met: <br />1 <br /> <br />