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<br />LCP 10/012/06 <br /> <br />ORDINANCE NO. NS-XXX <br /> <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA AMENDING CHAPTER 18 OF THE SANTA <br />ANA MUNICIPAL CODE REQUIRING LICENSURE FOR <br />TOBACCO RETAILERS <br /> <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />A. 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. <br /> <br />B. The California Legislature has recognized the danger of tobacco use and <br />has made reducing youth access to tobacco products a high priority, as <br />evidenced by the fact that: <br /> <br />1. State law prohibits the sale or furnishing of cigarettes, tobacco <br />products, and smoking paraphernalia to minors, as well as the <br />purchase, receipt, or possession of tobacco products by minors <br />(Cal. Pen. Code 9 308). <br /> <br />2. State law requires that tobacco retailers check the identification of <br />tobacco purchasers who reasonably appear to be under 18 years of <br />age (Cal. Bus. & Prof. Code 9 22956) and provides procedures for <br />using persons under 18 years of age to conduct onsite compliance <br />checks of tobacco retailers (Cal. Bus. & Prof. Code 9 22952). <br /> <br />3. State law prohibits the sale of tobacco products and paraphernalia <br />through self-service displays except in adult-only establishments <br />(Cal. Bus. & Prof. Code9 22962). <br /> <br />4. State law prohibits the manufacture, distribution, or sale of <br />cigarettes in packages of less than 20 and prohibits the <br />manufacture, distribution, or sale of "roll-your-own" tobacco in <br />packages containing less than 0.60 ounces of tobacco (Cal. Pen. <br />Code 9 308). <br /> <br />C. State law requires all tobacco retailers to be licensed by the Board of <br />Equalization (Cal. Bus. & Prof. Code 99 22970.1, 22972). <br /> <br />Ordinance No. NS-XXX <br />Page 1 of 12 <br /> <br />11 A-1 <br />