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requires that retailers of tobacco products post conspicuous notices stating that selling tobacco products to anyone under 21 years of age is illegal;5 prohibits the sale of tobacco products and paraphernalia through self-service displays with limited exceptions;6 prohibits the sale of"bidis" (filterless cigarettes wrapped in temburni or tendu leaf) except in adult-only establishments;7 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;8 and WHEREAS, state law requires all tobacco retailers to be licensed by the Board of Equalization primarily to curb the illegal sale and distribution of cigarettes due to tax evasion and counterfeiting;9 and WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing ordinances, and allows for the suspension or revocation of a local license for a violation of any state tobacco control law;10 and WHEREAS, despite local, state, and federal efforts to limit youth access to tobacco, minors are still able to access tobacco products, as evidenced by the following: in 2009, 10.9% of all students in grades 9-12, including 6.7% of female students and 15% of male students were current cigar users;" in 2009, 3.9% of all students in grades 6-8 were current cigar users;12 and WHEREAS, research demonstrates that local tobacco retail ordinances dramatically reduce youth access to cigarettes, as evidenced by the following: • A review of thirty three California communities with strong tobacco retailer licensing ordinances shows that the youth sales rate declined in nearly each community;13 • A study of the effect of licensing and enforcement methods used in the Philadelphia area revealed a decrease in sales to minors from 85% in 1994 to 43% in 1998;14 5 Cal.Bus.&Prof. Code §22952. 6 Cal.Bus.&Prof. Code §§22960,22962. Cal.Pen. Code §308.1. 8 Cal.Pen. Code § 308.3. 9 Cal.Bus. &Prof.Code §§22970.1,22972. 10 Cal.Bus.&Prof. Code § 22971.3 ii National Center for Chronic Disease Prevention and Health Promotion(US)Office on Smoking and Health. Preventing Tobacco Use Among Youth and Young Adults:A Report of the Surgeon General.Atlanta(GA): Centers for Disease Control and Prevention(US);2012. 3,The Epidemiology of Tobacco Use Among Young People in the United States and Worldwide.Available from:http://www.ncbi.nlm.nih.gov/books/NBK99243/. 12 Id is American Lung Association in California, Center for Tobacco Policy&Organizing.2013. Tobacco Retail Licensing is Effective, hup:11center4tobaccopolicy.org/wp-content/uploads/2016/10/Tobacco-Retailer-Licensing-is-Effective- ,5eptember-2013.pdf. 14 Ma GX, Shive S and Tracy M. "The Effects of Licensing and Inspection Enforcement to Reduce Tobacco Sales to Minors in Greater Philadelphia, 1994-1998."Addictive Behaviors,26(5): 677-87,2001. Abstract available at: www.ncbi.nlm.nih.gov/entrez/query.fcgi?cmd=Retrieve&db=PubMed&list_uids=11676378&dopt=Abstract. (footnote continued) ORDINANCE NO.2017-017 2