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<br /> <br />MEMORANDUM <br /> <br />To: <br /> <br />City Manager <br /> <br />Date: October 16, 2006 <br /> <br />From: Police Chief <br /> <br />Subject: Tobacco Retail Licensing <br /> <br />Over fifty cities and counties in California have adopted local ordinances <br />to strengthen existing prohibitions against the unlawful sale, use or <br />distribution of tobacco and curbing youth access to tobacco. The Chief of <br />Police recommends adopting the proposed Tobacco Licensing ordinance in the <br />City of Santa Ana because implementation of regulatory licensing will <br />discourage retailers from selling or distributing tobacco, tobacco <br />products, or tobacco paraphernalia to minors in the City. Moreover, <br />licensing will establish conditions for selling tobacco to encourage <br />compliance with all federal, state and local tobacco control laws. <br /> <br />CALIFORNIA TOBACCO LEGISLATION <br /> <br />More than 440,000 people die in the United States from tobacco-related <br />diseases every year, making it the nation's leading cause of preventable <br />death.' As a result states throughout the nation, including California, <br />have taken proactive steps to regulate tobacco and to reduce youth access <br />to tobacco products. California state law has adopted legislation that: <br /> <br />. prohibits the sale or furnishing of cigarettes, tobacco products, <br />and smoking paraphernalia to minors, as well as the purchase, <br />receipt, or possession of tobacco products by minors (Cal. Pen. Code <br />~ 308); <br /> <br />. requires that tobacco retailers check the identification of tobacco <br />purchasers who reasonably appear to be under 18 years of age (Cal. <br />Bus. & Prof. Code ~ 22956); <br /> <br />. provides procedures for using persons under 18 years of age to <br />conduct onsite compliance checks of tobacco retailers (Cal. Bus. & <br />Prof. Code ~ 22952); <br /> <br />. prohibits, with certain exceptions, the sale of tobacco products and <br />paraphernalia through self-service displays except in adult-only <br />establishments (Cal. Bus. & Prof. Code~ 22962); <br /> <br />. prohibits, with certain exceptions, the sale of "bidisH (hand-rolled <br />filter-less cigarettes imported primarily from India and Southeast <br />Asian countries) (Cal. Pen. Code ~ 308.1); <br /> <br />· prohibits the manufacture, distribution, or sale of cigarettes in <br />packages of less than 20 and prohibits the manufacture, <br />distribution, or sale of "roll-your-ownH tobacco in packages <br />containing less than 0.60 ounces of tobacco (Cal. Pen. Code ~ <br />308.3) ; <br /> <br />1 U.S. Dep't of Health and Human Servs., Centers for Disease Control and <br />Prevention, Annual Smokinq - Attributable Mortality, Years of Potential Life <br /> <br />758-3 <br />