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• requires all tobacco retailers to be licensed by the Board of
<br />Equalization in order to curb the illegal sale and distribution of
<br />cigarettes which deprive the state yearly of hundreds of millions of
<br />tax dollars that fund local and state programs such as health
<br />services, anti-smoking campaigns, cancer research, and education
<br />programs (Cal. Bus. & Prof. Code ~~ 22970.1, 22972); and
<br />• explicitly permits cities and counties to enact local tobacco retail
<br />licensing ordinances, and allows for the suspension or revocation of
<br />a local license for a violation of any state tobacco control law
<br />(Cal. Bus. & Prof. Code ~ 22971.3).
<br />Despite the state's efforts to limit youth access to tobacco, minors are
<br />still able to access cigarettes. Nearly half of all youth smokers
<br />nationwide buy the cigarettes they smoke, either directly from retailers
<br />or vending machines, or by giving money to others to purchase the
<br />cigarettes for them.Z In addition, minors consume 924 million packs of
<br />cigarettes each year nationwide, yielding the tobacco industry 5480
<br />million in profits from underage smokers.3 Moreover, most adults who have
<br />ever tried smoking have tried their first cigarette under the age of 18,'
<br />and are on average under the age of 16.5 In 2004, 14~ of all tobacco
<br />retailers in California sold tobacco to minors 2004.15 Approximately
<br />31.5 of non-traditional California tobacco retailers, such as deli, meat,
<br />and produce markets, sold to minors in 2004.16
<br />The implementation of tobacco-licensing requirements is supported by
<br />approximately 73~ of California .6 Over 90~ of enforcement agencies
<br />surveyed in 2000 rated license suspension or revocation after repeated
<br />violations as an effective strategy to reduce youth access to tobacco.'
<br />Moreover, while Santa Ana may be the first city in Orange County to adopt
<br />a Tobacco Licensing Ordinance, there are approximately fifty-three cities
<br />z From the American Lung Association, fact sheet, available at:
<br />http://www.lungusa.org/site/apps/s/content.asp?c=dvLUK9O0E&b=39706&ct=66966 (last
<br />accessed March 25, 2005
<br />3 Joseph R. DiFranza, M. D. & John J. Librett, M.P.H., State and Federal Revenues
<br />from Tobacco Consumed by Minors, 89 Am. J. Pub. Health 1106 (1999
<br />U.S. Surgeon General, U.S. Dept of Health & Human Servs., Preventing Tobacco
<br />Use Among Young People: A Report of the Surgeon General 2 (1995) (noting that
<br />almost all first use of tobacco occurs by the time people graduate from high
<br />school), available at http://profiles.nlm.nih.gov/NN/B/C/L/Q/ /nnbclq.pdf (last
<br />accessed March 11, 2005) (noting that 88~ of adults who have ever smoked tried
<br />their first cigarette by the age of 18).
<br />s Substance Abuse ~ Mental Health Servs. Agency, U.S. Dept of Health & Human
<br />Servs , Tobacco Use in America: Findings from the 1999 NHSDA, available at
<br />http://www.oas.samhsa.gov/NHSDA/tobacco/hi hli hts.htm (last accessed March 11,
<br />2005) (noting the average age at which smokers try their first cigarette is
<br />15.9).
<br />is Tobacco Control Section, Cal. Dept Health Servs , Tobacco Control Update, 15,
<br />available at
<br />http://www.dhs.ca.gov/tobacco/documents/2009TCSupdate.pdf (last accessed April 8,
<br />2005); see also Tobacco Control Section, Cal. Dept Health Servs , Youth Purchase
<br />Survey, 2004: Percent of retailers selling tobacco to youth by store type (2004)
<br />(graph on file with TALC).
<br />is Tobacco Control Section, Cal. Dept Health Servs , Youth Purchase Survey,
<br />2004: Percent of retailers selling tobacco to youth by store type (2009) (graph
<br />on file with TALC).
<br />e Gilpin EA, Emery SL, Farkas AJ, Dist efan JM, White MM, Pierce JP, The
<br />California Tobacco Control Program: A Decade of Progress, Results from the
<br />California Tobacco Survey, 1990-1999, 9-15, University of California, San Diego
<br />(2001), available at http://ssdc.ucsd.edu/ssdc/pdf /1999_Final_Report.pdf (last
<br />accessed April 8, 2005).
<br />' Tobacco Control Section, Cal. Dept of Health Servs , Independent Evaluation o£
<br />the California Tobacco Control Prevention & Education Program: Waves 1, 2, and 3
<br />75B-4
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