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LCP 10/012/06 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE REQUIRING LICENSURE FOR TOBACCO RETAILERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death. B. The California Legislature has recognized the danger of tobacco use and has made reducing youth access to tobacco products a high priority, as evidenced by the fact that: 1. State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308). 2. State law requires that tobacco retailers check the identification of tobacco purchasers who reasonably appear to be under 18 years of age (Cal. Bus. & Prof. Code § 22956) and provides procedures for using persons under 18 years of age to conduct onsite compliance checks of tobacco retailers (Cal. Bus. & Prof. Code § 22952). 3. State law prohibits the sale of tobacco products and paraphernalia through self-service displays except in adult-only establishments (Cal. Bus. & Prof. Code§ 22962). 4. State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale of "roll-your-own" tobacco in packages containing less than 0.60 ounces of tobacco (Cal. Pen. Code § 308). C. State law requires all tobacco retailers to be licensed by the Board of Equalization (Cal. Bus. & Prof. Code §§ 22970.1, 22972). Ordinance No. NS-XXX Page 1 of 12 11 A-1