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D. State law explicitly permits cities and counties to enact local tobacco retail <br />licensing ordinances, and allows for the suspension or revocation of a <br />local license for a violation of any state tobacco control law (Cal. Bus. & <br />Prof. Code § 22971.3). <br />E. The City of Santa Ana currently regulates the sale of tobacco products, <br />including a ban on cigarette vending machines. <br />F A study of several states found that youth sales of tobacco moved from a <br />baseline of 70% of retailers selling to minors before the adoption of a <br />tobacco retail ordinance to less than 5% in the year and a half after <br />enactment. <br />G More than fifty cities and counties in California have passed tobacco <br />retailer licensing ordinances in an effort to stop minors from smoking, and <br />615 communities in the United States require a license to sell tobacco <br />products and provide penalties such as suspension or revocation of the <br />license for illegal conduct (e.g., selling tobacco to minors). <br />H The Council is committed to protecting the health of the City's youth from <br />the risks associated with smoking by reducing youth access to tobacco <br />products in the City of Santa Ana, because: <br />1. There are 331 State-authorized tobacco retailers in the City of <br />Santa Ana, and 35% of these tobacco retailers are located within <br />1000 feet of schools. <br />2. Since 1996, the average sales rate of tobacco to minors in the City <br />of Santa Ana has been 35.7%, which is 13% higher than the <br />statewide average sales rate of 22.7%. <br />3. Nationally, the City of Santa Ana ranks in the top ten places with a <br />population of 100,000 or more with the lowest median age. <br />4. Approximately 34.2% of Santa Ana residents are under the age of <br />18 years old. <br />City has a substantial interest in promoting compliance with federal, state, <br />and local laws intended to regulate tobacco sales and use; in discouraging <br />the illegal purchase of tobacco products by minors; in promoting <br />compliance with laws prohibiting sales of cigarettes and tobacco products <br />to minors; and finally, and most importantly, in protecting children from <br />being lured into illegal activity through the misconduct of adults. <br />J. It is the intent of the City Council, in enacting this ordinance, to encourage <br />responsible tobacco retailing and to discourage violations of tobacco- <br />related laws, especially those which prohibit or discourage the sale or <br />Ordinance No. NS-XXX <br />Page 2 of 12 <br />11 A-2 <br />