75B - AMENDING CH 18 ARTICLE 111

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tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. J. It is the intent of the City Council, in enacting this ordinance, to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein. K. The Request for Council Action for this ordinance dated October 16, 2006, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council, shall additionally constitute the necessary findings for this ordinance. L. The City Council has considered all of the written and oral testimony offered concerning whether to adopt this ordinance. M. Based upon this record the City Council finds that the standards set forth in this ordinance, and each of them, are necessary to protect the public health, safety and welfare of the residents of the City of Santa Ana associated with tobacco retailing. O. In accordance with the California Environmental Quality Act, a categorical exemption has been adopted for this ordinance. Section 2. Article III is added to Chapter 18 of the Santa Ana Municipal Code ("Code") to read in full as follows: Article III. Tobacco Retail License Sec. 18-90. Definitions. The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise: (a) "Department" means the Santa Ana Police Department. (b) "Chief' means the Chief of Police or designee. 758-8 Ordinance No. NS-XXX Page 3 of 13