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City Manager Office <br />www.santa-ana.org/cm <br />Item # 39 <br />City of Santa Ana <br />20 Civic Center Plaza, Santa Ana, CA 92701 <br /> Staff Report <br />December 21, 2021 <br />TOPIC: Ordinance Prohibiting the Sale of Flavored Tobacco Products <br />AGENDA TITLE: <br />Ordinance Prohibiting the Sale of Flavored Tobacco Products <br />RECOMMENDED ACTION <br />Consider one of the following recommendations: <br />1. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco <br />products. <br />2. Adopt an urgency ordinance prohibiting the sale of flavored tobacco products. <br />(Requires five affirmative votes) <br />DISCUSSION <br />Introduction <br />At the November 16, 2021 meeting, Councilmember Mendoza added the following <br />Councilmember requested item: Discuss and Consider Directing City Manager to Direct <br />Staff to Introduce an Ordinance to Ban the Sale of Flavored Tobacco Products. There <br />was consensus among a majority of the City Council to proceed with this item. <br />Background <br />On November 20, 2006, the City Council enacted Ordinance No. NS-2729 (“Tobacco <br />Retail License ordinance”), amending Chapter 18, Article III of the Santa Ana Municipal <br />Code to establish a permitting process for tobacco retail sales and to regulate their <br />issuance. Below are some of the core elements of the Tobacco Retail License ordinance: <br />Establishes definitions for terms such as “tobacco paraphernalia”, “tobacco <br />product”, and “tobacco retailer”. <br />Declares that a person who acts as a tobacco retailer may only do so in a fixed <br />business location and must obtain and maintain a valid tobacco retailer license by <br />following the application procedure set forth in the ordinance. <br />Outlines provisions relating to application, renewal, suspension or revocation, <br />appeal, seizure, and enforcement procedures.