HomeMy WebLinkAboutCORRESPONDENCE -#11
Middleton, Samuel
From:Thomas Lawton <Thomas.L@fumari.com>
Sent:Monday, March 14, 2022 9:10 AM
To:eComment
Subject:Agenda Item 11 Article 3 Chapter 18 Public Comment / Request
Good afternoon Honorable Mayor and City Council,
thank you for giving me the opportunity to submit a written public statement.
My name is Thomas Lawton, I am a member of the National Hookah Community
Association as well as the Government Affairs Representative for Fumari and submit this
statement to speak on agenda item #11, article III chapter 18 . We actively support the
implementation of the Tobacco Retail Licensing program and agree that matters should be
taken to ensure that tobacco products stay out of the hands of the youth. I ask that you please
honor my request and remove this item from the consent calendar for proper discussion and
consideration.
Before you inadvertently vote to ban the nearly thousand-year cultural tradition of
hookah with the flavor ban being considered on agenda item # 11, I ask the city council to
consider adding a hookah exemption to the proposed flavored tobacco ban. The flavor ban is
meant to put an end to the youth vaping epidemic, although there is no teen hookah
epidemic.
The FDA and CDC reports have made it clear that hookah is not the problem with youth
and there are no facts that support a ban on hookah. Failing to exempt hookah from the flavor
ban will inadvertently affect the livelihood of hookah retailers and lounges. According to the
FDA teen hookah use is at 0.8% nationally, the lowest it has ever been. The COVID pandemic
coupled with rising costs of inflation has caused financial hardships for retailers who have
worked very hard to remain open to serve their customers. If tobacco retailers and hookah
lounges are forced to stop selling traditional flavored tobacco products, then customers will
simply drive to another store in a neighboring city or purchase their preferred products on-
line. Or even worse, Santa Ana will allow an unregulated illicit market the opportunity to
flourish with this ban. The additional loss of sales would translate into lost jobs and likely store
closures for many minority owned hookah retailers.
I ask that city council reconsiders the flavored tobacco ban ordinance until Californians
vote in November on whether the California statewide flavored tobacco ban law under Senate
Bill 793 is approved or repealed. The voters should be allowed to have their voices heard.
Please see the hookah exemption language from SB793 below:
(c) Subdivision (b) does not apply to the sale of flavored shisha tobacco products by a hookah
tobacco retailer if all of the following conditions are met:
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(1) The hookah tobacco retailer has a valid license to sell tobacco products issued pursuant to
Chapter 2 (commencing with Section 22971.7) of Division 8.6 of the Business and Professions
Code.
(2) The hookah tobacco retailer does not permit any person under 21 years of age to be present
or enter the premises at any time.
(3) The hookah tobacco retailer shall operate in accordance with all relevant state and local laws
relating to the sale of tobacco products.
(4) If consumption of tobacco products is allowed on the premises of the hookah tobacco
retailer, the hookah tobacco retailer shall operate in accordance with all state and local laws
relating to the consumption of tobacco products on the premises of a tobacco retailer, including,
but not limited to, Section 6404.5 of the Labor Code.
SB793 balances the interests of law makers by addressing youth access and usage of flavored
tobacco products, while protecting the cultural tradition of hookah. The SB793 hookah
exemption limits sales to 21 and over establishments, meaning you must be 21 and over to
enter a retail establishment or lounge in order to purchase hookah and requires these
establishments to comply with local and state laws. This shows that law makers can reach
their regulatory goals without creating unintended consequences such as eliminating the rich
cultural tradition of hookah.
Please remember, hookah is not part of the youth tobacco use epidemic. Thank you for
your consideration.
THOMAS LAWTON
GOVERNMENT AFFAIRS
OFFICE: (619) 331-3535 EXT. 708
FUMARI INC.
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Middleton, Samuel
From:Jennifer Speck <jspecky99@icloud.com>
Sent:Tuesday, March 15, 2022 12:36 PM
To:eComment
Subject:Ban on Menthol Cigarettes and Flavored Tobacco
Greetings, Mayor and Council-members.
My name is Jennifer Speck, bans have never worked in this country and this flavor ban will be no different. The state
wide ban is coming in a few months, so let’s have empathy to taxpaying and Community serving retailers. Give them the
necessary time to re-organize their business model.
Thank you,
All
Sent from my iPhone
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Middleton, Samuel
From:Lynda Barbour, ACS <Lynda.Barbour@cancer.org>
Sent:Tuesday, March 15, 2022 3:40 PM
To:eComment
Subject:Item 11 IN support
I write in favor of Item 11, the ordinance to eliminate the sale of flavored tobacco products in Santa Ana.
The American Cancer Society Cancer Action Network thanks council for your first vote and urges your
continued support for this ordinance that takes a strong stance to protect Santa Ana youth from the tobacco
industry's addictive products
Sincerely,
Lynda Barbour
Sr. Government Relations Dir
ACS CAN
--
Lynda Barbour, MPH
American Cancer Society
619-682-7416
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