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2 <br /> <br />tobacco products to anyone under 21 years of age is illegal;5 prohibits the sale of tobacco <br />products and paraphernalia through self-service displays with limited exceptions;6 <br />prohibits the sale of “bidis” (filterless cigarettes wrapped in temburni or tendu leaf) <br />except in adult-only establishments;7 prohibits the manufacture, distribution, or sale of <br />cigarettes in packages of less than 20 and prohibits the manufacture, distribution, or sale <br />of “roll-your-own” tobacco in packages containing less than 0.60 ounces of tobacco;8 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;9 and <br /> <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 violation <br />of any state tobacco control law;10 and <br /> <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, 10.9% <br />of all students in grades 9-12, including 6.7% of female students and 15% of male students were <br />current cigar users;11 in 2009, 3.9% of all students in grades 6-8 were current cigar users;12 and <br /> <br /> WHEREAS, research demonstrates that local tobacco retail ordinances dramatically <br />reduce youth access to cigarettes, as evidenced by the following: <br /> <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;13 <br /> A study of the effect of licensing and enforcement methods used in the Philadelphia <br />area revealed a decrease in sales to minors from 85% in 1994 to 43% in 1998;14 <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;15 and <br /> <br />5 Cal. Bus. & Prof. Code § 22952. 6 Cal. Bus. & Prof. Code §§ 22960, 22962. 7 Cal. Pen. Code § 308.1. 8 Cal. Pen. Code § 308.3. <br />9 Cal. Bus. & Prof. Code §§ 22970.1, 22972. 10 Cal. Bus. & Prof. Code § 22971.3 11 National Center for Chronic Disease Prevention and Health Promotion (US) Office on Smoking and Health. <br />Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta (GA): Centers <br />for Disease Control and Prevention (US); 2012. 3, The Epidemiology of Tobacco Use Among Young People in the <br />United States and Worldwide. Available from: http://www.ncbi.nlm.nih.gov/books/NBK99243/. 12 Id. 13 American Lung Association in California, Center for Tobacco Policy & Organizing. 2013. Tobacco Retail Licensing <br />is Effective, http://center4tobaccopolicy.org/wp-content/uploads/2016/10/Tobacco-Retailer-Licensing-is-Effective- <br />September-2013.pdf. 14 Ma GX, Shive S and Tracy M. “The Effects of Licensing and Inspection Enforcement to Reduce Tobacco Sales to <br />Minors in Greater Philadelphia, 1994-1998.” Addictive Behaviors, 26(5): 677-87, 2001. Abstract available at: <br />www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=11676378&dopt=Abstract. <br />184