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distribution of tobacco and nicotine products to minors, but not to expand <br />or reduce the degree to which the acts regulated by federal or state law <br />are criminally proscribed or to alter the penalties provided therein. <br />K. The Request for Council Action for this ordinance dated October 16, 2006, <br />shall by this reference be incorporated herein, and together with this <br />ordinance, any amendments or supplements and the oral testimony before <br />the City Council, shall additionally constitute the necessary findings for this <br />ordinance. <br />L. The City Council has considered all of the written and oral testimony <br />offered concerning whether to adopt this ordinance. <br />M. Based upon this record the City Council finds that the standards set forth <br />in this ordinance, and each of them, are necessary to protect the public <br />health, safety and welfare of the residents of the City of Santa Ana <br />associated with tobacco retailing. <br />O. In accordance with the California Environmental Quality Act, a categorical <br />exemption has been adopted for this ordinance. <br />Section 2. Article III is added to Chapter 18 of the Santa Ana Municipal Code <br />("Code") to read in full as follows: <br />Article III. Tobacco Retail License <br />Sec. 18-90. Definitions. <br />The following words and phrases, whenever used in this article, shall have the <br />meanings defined in this section unless the context clearly requires otherwise: <br />(a) "Department" means the Santa Ana Police Department. <br />(b) "Chief" means the Chief of Police or designee. <br />(c) "Person" means any natural person, partnership, cooperative association, <br />corporation, personal representative, receiver, trustee, assignee, or any other legal <br />entity, and includes the definition of "person" found in Section 1-2 of the Code. <br />(d) "Proprietor" means a person with an ownership or managerial interest in a <br />business. An ownership interest shall be deemed to exist when a person has a ten <br />percent (10%) or greater interest in the stock, assets, or income of a business other <br />than the sole interest of security for debt. A managerial interest shall be deemed to exist <br />when a person can or does have or share ultimate control over the day-to-day <br />operations of a business. <br />Ordinance No. NS-XXX <br />Page 3 of 12 <br />11 A-3 <br />