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• A study of several Minnesota cities found that an increased licensing fee in conjunction with strict enforcement of youth access laws led to a decrease from 38.8%to 4.9% in the number of youth able to purchase tobacco;15 and WHEREAS, over one hundred and forty-eight cities and counties in California have passed tobacco retailer licensing ordinances in an effort to stop minors from smoking;16 and WHEREAS, while state law prohibits possession of certain forms of"drug paraphernalia," and prohibits all sales of"drug paraphernalia," many retailers continue to sell items that are commonly known to be "drug paraphernalia," and claim that such items are intended to be used for tobacco; and WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act, enacted in 2009, prohibited candy and fruit-flavored cigarettes," largely because these flavored products were marketed to youth and young adults,18 and younger smokers were more likely to have tried these products than older smokers;19 and although the manufacture and distribution of flavored cigarettes (excluding menthol) is banned by federal law,20 neither federal nor California laws restrict sales of flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, and electronic smoking devices and the nicotine solutions used in these devices; and WHEREAS, flavored non-cigarette tobacco products have become increasingly common and are available in a variety of flavors that appeal to children and young adults,21 including apple, cherry, chocolate, grape, peach, strawberry, and vanilla; and WHEREAS, the U.S. Surgeon General has stated that flavored tobacco products are considered to be "starter"products that help establish smoking habits that can lead to long-term addiction;22 and 1s Forster JL et al."The Effects of Community Policies to Reduce Youth Access to Tobacco." American Journal of Public Health, 88(8): 1193-1197, 1998.Available at: www.aiph.org/cgi/reprint/88/8/1193. 16 American Nonsmokers' Rights Foundation.2012. California Municipalities with Laws Restricting Youth Access to Tobacco, http://Changelabsolutions.orglpublicationslanrf-list. 17 21 U.S.C. § 387g. 1s U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults:A Report of the Surgeon General.Atlanta: U.S.National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health,p. 537, www.surgeongeneral.gov/library/reports/preventing youth- tobacco-use/full-report.pdf. 19 Id zo 21 U.S.C. § 387g. zi U.S.Department of Health and Human Services.2012. Preventing Tobacco Use Among Youth and Young Adults:A Report of the Surgeon General.Atlanta: U.S.National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and Health,p. 164,205,www.surgeongeneral.gov/library/reports/preventing youth- tobacco-use/full-report.pdf,•Morris DS and Fiala SC.2013. "Flavoured,Non-cigarette Tobacco for Sale in the USA: An Inventory Analysis of Internet Retailers." Tobacco Control. [Electronic publication ahead of print], hap://tobaccocontrol.bmj.com/content/early/2013/08/08/tobaccocontrol-2013-051059.full. U.S. Department of Health and Human Services.2012. Preventing Tobacco Use Among Youth and Young Adults:A Report of the Surgeon General. Atlanta: U.S.National Center for Chronic Disease Prevention and Health (footnote continued) ORDINANCE NO.2017-017 3