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<br />C. State law requires all tobacco retailers to be licensed by the Board <br />of Equalization (Cal. Bus. & Prof. Code SS 22970.1, 22972). <br /> <br />D. State law explicitly permits cities and counties to enact local <br />tobacco retail licensing ordinances, and allows for the suspension <br />or revocation of a local license for a violation of any state tobacco <br />control law (Cal. Bus. & Prof. Code S 22971.3). <br /> <br />E. The City of Santa Ana currently regulates the sale of tobacco <br />products, including a ban on cigarette vending machines. <br /> <br />F A study of several states found that youth sales of tobacco moved <br />from a baseline of 70% of retailers selling to minors before the <br />adoption of a tobacco retail ordinance to less than 5% in the year <br />and a half after enactment. <br /> <br />G More than fifty cities and counties in California have passed <br />tobacco retailer licensing ordinances in an effort to stop minors <br />from smoking, and 615 communities in the United States require a <br />license to sell tobacco products and provide penalties such as <br />suspension or revocation of the license for illegal conduct (e.g., <br />selling tobacco to minors). <br /> <br />H The Council is committed to protecting the health of the City's youth <br />from the risks associated with smoking by reducing youth access to <br />tobacco products in the City of Santa Ana, because: <br /> <br />1. There are 331 State-authorized tobacco retailers in the City <br />of Santa Ana, and 35% of these tobacco retailers are located <br />within 1000 feet of schools. <br /> <br />2. Since 1996, the average sales rate of tobacco to minors in <br />the City of Santa Ana has been 35.7%, which is 13% higher <br />than the statewide average sales rate of 22.7%. <br /> <br />3. Nationally, the City of Santa Ana ranks in the top ten places <br />with a population of 100,000 or more with the lowest median <br />age. <br /> <br />4. Approximately 34.2% of Santa Ana residents are under the <br />age of 18 years old. <br /> <br />City has a substantial interest in promoting compliance with federal, <br />state, and local laws intended to regulate tobacco sales and use; in <br />discouraging the illegal purchase of tobacco products by minors; in <br />promoting compliance with laws prohibiting sales of cigarettes and <br /> <br />Ordinance No. NS-XXX <br />Page 2 of 13 <br /> <br />758-7 <br />