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File Number: 17-308 <br />·The Legislature has declared that smoking is the single most important source of <br />preventable disease and premature death in California; that keeping children from <br />beginning to use tobacco products in any form shall be among the highest priorities in <br />disease prevention for the State of California; and <br />·State law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking <br />paraphernalia to anyone under the age of 21; requires that tobacco retailers check the <br />identification of tobacco purchasers who reasonably appear to be under 21 years of <br />age; requires that retailers of tobacco products post conspicuous notices stating that <br />selling tobacco products to anyone under 21 years of age is illegal; prohibits the sale of <br />tobacco products and paraphernalia through self-service displays with limited <br />exceptions; prohibits the sale of “bidis” (filterless cigarettes wrapped in temburni or <br />tendu leaf) except in adults-only establishments; prohibits the manufacture, <br />distribution, or sale of cigarettes in packages of less than 20 and prohibits the <br />manufacture, distribution, or sale of “roll-your-own” tobacco in packages containing less <br />than 0.60 ounces of tobacco; and <br /> <br />WHEREAS, state law requires all tobacco retailers to be licensed by the Board of <br />Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion <br />and counterfeiting; and <br />WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail <br />licensing ordinances, and allows for the suspension or revocation of a local license for a <br />violation of any state tobacco control law; and <br />WHEREAS, despite local, state, and federal efforts to limit youth access to tobacco, <br />minors are still able to access tobacco products, as evidenced by the following: In 2009, <br />10.9% of all students in grades 9-12, including 6.7% of female students and 15% of male <br />students were current cigar users; in 2009, 3.9% of all students in grades 6-8 were current <br />cigar users; and <br />WHEREAS, research demonstrates that local tobacco retail ordinances dramatically <br />reduce youth access to cigarettes, as evidenced by the following: <br />·A review of thirty three California communities with strong tobacco retailer licensing <br />ordinances shows that the youth sales rate declined in nearly each community; <br />·A study of the effect of licensing and enforcement methods used in the <br />Philadelphia, Pennsylvania area revealed a decrease in sales to minors from 85% <br />in 1994 to 43% in 1998; <br />·A study of several Minnesota cities found that an increased licensing fee in <br />conjunction with strict enforcement of youth access laws led to a decrease from <br />38.8% to 4.9% in the number of youth able to purchase tobacco; and <br />WHEREAS, over one hundred and forty-eight cities and counties in California have <br />passed tobacco retailer licensing ordinances in an effort to stop minors from smoking; and <br />WHEREAS, while state law prohibits possession of certain forms of “drug <br />paraphernalia,” and prohibits all sales of “drug paraphernalia,” many retailers continue to sell <br />Page 2 City of San Leandro Printed on 5/30/2017 <br />193