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ORDINANCE NO. NS-XXXX <br />AN URGENCY ORDINANCE OF THE CITY COUNCIL OF <br />THE CITY OF SANTA ANA AMENDING ARTICLE III <br />ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18 <br />OF THE SANTA ANA MUNICIPAL CODE PROHIBITING <br />THE SALE OF FLAVORED TOBACCO PRODUCTS <br />WHEREAS, pursuant to the City's police power, as granted broadly under Article <br />XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the <br />Santa Ana City Council has the authority to enact and enforce ordinances and <br />regulations for the public peace, health, and welfare of the City and its residents. <br />WHEREAS, pursuant to Santa Ana City Charter Sections 415 and 417, this <br />ordinance is declared by the City Council to be necessary as an emergency measure to <br />protect and preserve the health, safety and welfare of the residents of the City of Santa <br />Ana and will become effective immediately if passed by the affirmative votes of at least <br />two-thirds (2/3) of the members of the City Council. The City Council hereby finds that <br />there is an urgent need to adopt these regulations in order to address the current and <br />immediate threats set forth in these Recitals. <br />WHEREAS, the City Council finds and determines that the recent increase in use <br />of e-cigarettes by middle and high school students is a grave public health concern. <br />WHEREAS, according to the American Lung Association, smoking is the number <br />one preventable cause of death in the United States killing over 480,000 people per <br />year'. <br />WHEREAS, the U.S. Center for Disease Control and Prevention ("CDC") has <br />definitively linked smoking to more severe illness from COVID-192. <br />WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed <br />venues in the United States contain nicotine. <br />WHEREAS, use of nicotine can harm the developing brain and the brain <br />continues developing until age 25. <br />WHEREAS, use of nicotine in adolescence can lead to lower impulse control and <br />mood disorders3. <br />i https://www.lung.org/research/sotc/facts <br />z https://www.lung.org/research/sotc/facts <br />s E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016. <br />Ordinance No. NS - <br />City Council 39 — 12 12/21/262 of 7 <br />