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<br />CITY COUNCIL MEETING DATE: <br /> <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />OCTOBER 16, 2006 <br />TITLE: <br /> <br />~{i. <br /> <br />APPROVED <br />o As Recommended <br />o As Amended <br />o Ordinance on 1" Reading <br />o Ordinance on 2"' Reading <br />o Implementing Resolution <br />o Set Public Hearing For <br /> <br />PUBLIC HEARING-ADOPT ORDINANCE <br />AMENDING CHAPTER 18 ARTICLE III <br />OF THE SANTA ANA MUNICIPAL CODE <br /> <br />CONTINUED TO <br /> <br />-- <br /> <br />FILE NUMBER <br /> <br />RECOMMENDED ACTION <br /> <br />1. Adopt an <br />Municipal <br />licenses. <br /> <br />ordinance amending Chapter 18 Article III of the Santa Ana <br />Code to require tobacco retailers to obtain regulatory <br /> <br />2. Adopt a resolution establishing an annual Tobacco Retailer License fee <br />of $350. <br /> <br />DISCUSSION <br /> <br />The City of Santa Ana is committed to protecting the health of Santa Ana <br />youth from the risks associated with smoking by reducing youth access to <br />tobacco products in the city. There are 331 State-authorized tobacco <br />retailers in the City of Santa Ana, and 35% of these tobacco retailers are <br />located within 1000 feet of our schools. Moreover since 1996, the average <br />sales rate of tobacco to minors in the City of Santa Ana has been 35.7%. <br />Therefore, the City has a substantial interest in promoting compliance with <br />federal, state, and local laws intended to regulate tobacco sales and use; <br />in discouraging the illegal purchase of tobacco products by minors; in <br />promoting compliance with laws prohibiting sales of cigarettes and tobacco <br />products to minors; and finally, and most importantly, in protecting <br />children from being lured into illegal activity through the misconduct of <br />adults. <br /> <br />BACKGROUND <br /> <br />A growing number of municipalities in California are successfully using <br />local licensing ordinances to strengthen existing prohibitions against the <br />unlawful sale, use or distribution of tobacco. Businesses seeking to sell <br />tobacco products in these jurisdictions must comply with regulations <br />required as part of the licensing process. These tools are particularly <br />effective in reducing tobacco sales to minors by shifting accountability <br />for violations from individual clerks to the license holder. License <br />holders who fail to comply with r~51E3t!1ns face a variety of penalties <br />