HomeMy WebLinkAboutItem 27 - Flavored Tobacco City Manager Office
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Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 1, 2022
TOPIC: Flavored Tobacco
AGENDA TITLE:
Ordinance Options Prohibiting the Sale of Flavored Tobacco Products
RECOMMENDED ACTION
Consider one of the following options:
Option 1
A. Adopt an urgency ordinance prohibiting the sale of flavored tobacco products,
including hookah. (Requires five affirmative votes)
B. Adopt an urgency ordinance prohibiting the sale of flavored tobacco products,
excluding hookah. (Requires five affirmative votes)
Option 2
A. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco
products, including hookah.
B. Approve the first reading of an ordinance prohibiting the sale of flavored tobacco
products, excluding hookah.
Option 3
Consider whether to direct staff to prepare an ordinance regarding enforcement and/or
security measures for tobacco retailers; or
Option 4
Take no action at this time and wait to see whether senate bill 793 goes into effect
following a statewide referendum vote in November 2022.
DISCUSSION
Introduction
At the November 16, 2021 meeting, Councilmember Mendoza added the following
Councilmember requested item: Discuss and Consider Directing City Manager to Direct
Staff to Introduce an Ordinance to Ban the Sale of Flavored Tobacco Products. There
was consensus among a majority of the City Council to proceed with this item.
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The item was considered at the December 21, 2021 City Council meeting. The City
Council gave direction to staff to come back with revised options including the following:
An ordinance banning flavored tobacco products including a choice of definitions
of “tobacco product” that included the SB 793 definition and the American Lung
Association definition;
An ordinance banning flavored tobacco products including a choice of definitions
of “tobacco product” that included the SB 793 definition and the Public Health Law
Center and American Lung Association California definition. This ordinance would
contain an exemption for hookah products; and
Look into enforcement and/or security options already utilized by the City for
cannabis businesses that may be able to be applied to tobacco retailers.
Background
On November 20, 2006, the City Council enacted Ordinance No. NS-2729 (“Tobacco
Retail License ordinance”), amending Chapter 18, Article III of the Santa Ana Municipal
Code to establish a permitting process for tobacco retail sales and to regulate their
issuance. Below are some of the core elements of the Tobacco Retail License ordinance:
Establishes definitions for terms such as “tobacco paraphernalia”, “tobacco
product”, and “tobacco retailer”.
Declares that a person who acts as a tobacco retailer may only do so in a fixed
business location and must obtain and maintain a valid tobacco retailer license by
following the application procedure set forth in the ordinance.
Outlines provisions relating to application, renewal, suspension or revocation,
appeal, seizure, and enforcement procedures.
As currently written, the Tobacco Retail License ordinance does not address the topic of
flavored tobacco products.
Flavored Tobacco
Flavored tobacco means any tobacco product with added flavorings. This can mean
tobacco products that contain a taste or smell, other than the taste or smell of tobacco,
that is distinguishable by an ordinary consumer either prior to, or during the consumption
of, a tobacco product, including, but not limited to, any taste or smell relating to fruit,
menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy,
dessert, alcoholic beverage, herb, or spice. Tobacco products may be flavored to mask
the taste or odor of tobacco smoke, enhance tobacco flavor, or decrease the social stigma
associated with smoking.
Tobacco Products
There is a wide array of tobacco products. In addition to substances that are made or
derived of tobacco (such as cigarettes, cigars, pipe tobacco, hookah tobacco, snuff,
chewing tobacco, dipping tobacco, and bidis), tobacco products may also consist of
electronic smoking devices, any substances that may be aerosolized or vaporized by
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such devices, and any component of substances made of tobacco or electronic smoking
devices (such as filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and
pipes).
Tobacco Retailer Licenses; Enforcement
Santa Ana businesses that sell tobacco must obtain a Tobacco Retailer License, which
is issued by the Santa Ana Police Department (SAPD). As such, SAPD is responsible for
the administration, oversight, and enforcement of said Tobacco Retailer Licenses. There
are 261 active tobacco retailer licenses. Within the permitting process, SAPD personnel
verifies with the California Department of Tax and Fee Administration (CDTFA) that each
business’ retail license is valid and correct on an annual basis. Once the information is
verified and payment is received, a permit is issued. To enforce the issuance of Tobacco
Retailer Licenses, SAPD conducts weekly enforcement operations that target the illegal
use, sales, and distribution of tobacco-related products. In 2021, SAPD personnel
conducted 25 operations, which netted 91 citations for tobacco-related infractions.
U.S. Surgeon General Declares Tobacco Use as a Public Health Priority
According to the U.S. Centers for Disease Control and Prevention (CDC), tobacco use is
the leading cause of preventable death in the United States and worldwide. More than 16
million U.S. residents are living with a disease caused by smoking. Worldwide, tobacco
use causes more than 7 million deaths per year. A 2016 report by the U.S. Surgeon
General entitled E-Cigarette Use Among Youth and Young Adults: A Report of the
Surgeon General. - PDF finds that while nicotine is a highly addictive drug at any age,
youth and young adults are uniquely vulnerable to the long-term consequences of
exposing the brain to nicotine. The report also finds that secondhand aerosol exhaled into
the air by e-cigarette users can expose others to potentially harmful chemicals. In 2018,
the Surgeon General’s Advisory on E-Cigarette Use among Youth noted that e-cigarette
use increased 78 percent among high school students during the past year, and one in
five high school students and one in 20 middle school students currently use e-cigarettes.
To clarify, these substances are tobacco products.
U.S. Food and Drug Administration and Flavored Tobacco Products
On their website, the U.S. Food and Drug Administration (FDA) declares that the use of
flavorings in tobacco products raises important public health questions. For example, the
FDA is aware of scholarly and peer-reviewed research that asserts that flavorings in
tobacco products are particularly appealing to youth and young adults. Acknowledging
these findings, in 2009, the FDA banned cigarettes with characterizing flavors other than
menthol (which have been proven to appeal to youth and young adults). More recently,
in April 2021, the FDA announced plans to propose tobacco product standards to ban
menthol as a characterizing flavor in cigarettes, as well as to ban all flavors in cigars—
including menthol.
Currently, no flavors are banned from other tobacco products (those other than cigarettes
with characterizing flavors other than menthol), although scholarly and peer-reviewed
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research suggests that flavors may make these products more enticing to youth and
young adults. The FDA asserts that flavored tobacco products are disproportionately
popular among youth—and that removing flavors from tobacco products will help protect
people from becoming addicted to them.
Ordinance Prohibiting the Sale of Flavored Tobacco Products
Staff has prepared the following options for City Council consideration regarding flavored
tobacco products:
Option 1: Adopt urgency ordinance banning the sale of flavored tobacco products
and choose whether to use the SB 793 definition of tobacco product or the Public
Health Law Center and American Lung Association California definition of tobacco
product.
Option 1 is adoption of an urgency ordinance banning the sale of all flavored tobacco
products, including hookah, in the City of Santa Ana. The City Council has the choice of
utilizing either definition A of “tobacco product” from SB 793 but including hookah
1(currently stayed) or definition B of “tobacco product” from the Public Health Law Center
and American Lung Association California. The definitions are as follows:
Definition A (SB 793):
“Tobacco product" means any of the following: (1) a product containing, made or derived
from tobacco or nicotine that is intended for human consumption, whether smoked,
heated or chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other
means, including but not limited to, cigarettes, cigars, little cigars, hookah tobacco,
chewing tobacco, pipe tobacco or snuff; (2) an electronic device that delivers nicotine or
other vaporized liquids to the person inhaling from the device, including but not limited to,
an electronic cigarette, cigar, pipe or hookah; (3) any component, part or accessory of a
tobacco product whether or not sold separately. “Tobacco product” does not include a
nicotine replacement product approved by the US Food and Drug Administration.
Definition B (Public Health Law Center and American Lung Association California):
“Tobacco product" means: (1) any product that is made from tobacco, or that contains
nicotine, that is intended for human consumption or is likely to be consumed, whether
inhaled, absorbed, or ingested by any other means, including but not limited to, a
cigarette, a cigar, pipe tobacco, chewing tobacco, hookah tobacco, snuff, or snus.
Electronic smoking device and any substances that may be aerosolized or vaporized by
such device, whether or not the substance contains nicotine; or (3) any component, part,
or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
mouthpieces, and pipes.
1 For clarity, SB 793 contains an exemption for hookah.
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“Tobacco product” does not include drugs, devices, or combination products authorized
for sale by the U.S. Food and Drug Administration, as those terms are defined in the
Federal Food, Drug, and Cosmetic Act.
Option 2: Adopt urgency ordinance banning the sale of flavored tobacco products
but exempting hookah for cultural reasons and choose whether to use the SB 793
definition of tobacco product or the American Lung Association definition of
tobacco product.
Option 2 is to adopt an urgency ordinance banning the sale of flavored tobacco products
but exempting hookah for cultural reasons. Option 2 allows the City Council to choose
between the two definitions of “tobacco product” noted above in Option 1. Option 2
including either definition of “tobacco product” would closely mirror state law (SB 793). As
a result, Option 2 includes a provision repealing the ordinance by operation of law if SB
793 goes into effect.
Option 3: Consider whether to direct staff to prepare an ordinance applying certain
enforcement or security options currently utilized for cannabis businesses to
tobacco retailers.
At the December 21, 2021 City Council meeting, a majority of councilmembers discussed
support for enforcement/security requirements for tobacco retailers, including potentially
applying those measures required for cannabis establishments. Councilmember Phan
mentioned registration and scanning of identification. However, those measures are not
required by City operating standards for cannabis except that all cannabis establishments
are required to verify that patrons are over the age of 21 or 18 if purchasing medical
marijuana.
Cannabis Enforcement/Security
Requirements
Applicable
SAMC
Section
Practical Considerations
The location, interior and exterior, shall be
monitored at all times by web-based closed
circuit television for security purposes. The
camera and recording system must be of
adequate quality, color rendition and resolution
to allow the ready identification of any individual
committing a crime anywhere on or adjacent to
the location.
40-8 3.a.
All controlled access areas, security rooms and
all points of ingress/egress to limited access
areas and all point of sale (POS) areas shall
have fixed camera coverage capable of
40-8 3.b.State law generally
prohibits self-service
displays of tobacco
products. Therefore,
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identifying activity occurring within a minimum of
twenty (20) feet.
tobacco products are
normally kept behind a
counter or in a locked
cabinet.
The surveillance system storage device or
cameras shall be transmission control
protocol/TCP capable of being accessed over
the internet by the police department or their
designee on request.
40-8 3.c
All agents, private security officers or other
persons acting for or employed by the business
shall display a laminated identification badge at
least two (2) inches by two (2) inches in size,
issued by the City.
40-8 3.0
At all times when open, the business shall
provide at least one (1) private security guard
who is licensed, possesses a valid Department
of Consumer Affairs “security guard card,” and
has a valid business license.
40-8 4.a
Hours of operation shall be limited to: 7:00 a.m.
to 10:00 p.m. daily.
40-4 4.e May conflict with CUPs
issued to some tobacco
retailers.
Prohibit entry to patrons under the age of 21 40-4.g Many of the tobacco
retailers sell other items
that are not age restricted,
such as groceries.
Option 4: Take no action at this time and wait to see whether senate bill 793 goes
into effect.
On January 1, 2021, SB 793 banning the sale of flavored tobacco products in California
went into effect. However, on January 22, 2021 Referendum 20-003 qualified for the
ballot and as a result, stayed SB 793. The referendum is scheduled for the November 8,
2022 general election. The referendum requires that a majority of voters approve SB 793
or it will not become effective2.
If SB 793 is defeated by referendum, any ordinance banning the sale of flavored tobacco
adopted by the City would remain effective. Generally, state law preempts local
legislation if state law has occupied the field. (See, California Grocers Association v. City
of Los Angeles (2011) 52 Cal.4th 177, 190-191.) If SB 793 takes effect, then a City
ordinance may remain effective only if it contains stricter provisions than SB 793. SB 793
specifically provides that it “. . .does not preempt or otherwise prohibit the adoption of a
2 If approved by a majority of California voters, five (5) days after the California Secretary of State certifies
the general election results, SB 793 will take effect.
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local standard that imposes greater restrictions on the access to tobacco products than
restrictions imposed by. . . .” [SB 793]. To the extent that there is an inconsistency
between . . . [SB 793] and a local standard that imposes greater restrictions on the access
to tobacco products, the greater restriction on the access to tobacco products in the local
standard shall prevail.”
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Urgency Ordinance Banning the Sale of Flavored Tobacco
2. Urgency Ordinance Banning the Sale of Flavored Tobacco Excluding Hookah
3. Ordinance Banning the Sale of Flavored Tobacco
4. Ordinance Banning the Sale of Flavored Tobacco Excluding Hookah
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
Exhibit 1
ORDINANCE NO. NS-XXXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING ARTICLE III
ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18
OF THE SANTA ANA MUNICIPAL CODE PROHIBITING
THE SALE OF FLAVORED TOBACCO PRODUCTS
WHEREAS, pursuant to the City’s police power, as granted broadly under Article
XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the
Santa Ana City Council has the authority to enact and enforce ordinances and
regulations for the public peace, health, and welfare of the City and its residents.
WHEREAS, pursuant to Santa Ana City Charter Sections 415 and 417, this
ordinance is declared by the City Council to be necessary as an emergency measure to
protect and preserve the health, safety and welfare of the residents of the City of Santa
Ana and will become effective immediately if passed by the affirmative votes of at least
two-thirds (2/3) of the members of the City Council. The City Council hereby finds that
there is an urgent need to adopt these regulations in order to address the current and
immediate threats set forth in these Recitals.
WHEREAS, the City Council finds and determines that the recent increase in use
of e-cigarettes by middle and high school students is a grave public health concern.
WHEREAS, according to the American Lung Association, smoking is the number
one preventable cause of death in the United States killing over 480,000 people per
year1.
WHEREAS, the U.S. Center for Disease Control and Prevention (“CDC”) has
definitively linked smoking to more severe illness from COVID-192.
WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed
venues in the United States contain nicotine.
WHEREAS, use of nicotine can harm the developing brain and the brain
continues developing until age 25.
WHEREAS, use of nicotine in adolescence can lead to lower impulse control and
mood disorders3.
1 https://www.lung.org/research/sotc/facts
2 https://www.lung.org/research/sotc/facts
3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016.
Ordinance No. NS - ____
Page 2 of 7
WHEREAS, there is evidence that youth may be sensitive to nicotine and that
teens can feel dependent on nicotine sooner than adults.
WHEREAS, as of 2017, more than two (2) million teens were currently using e -
cigarettes.4
WHEREAS, according to the 2020 National Youth Tobacco Survey, more than
23.6% of high school students in the United States use at least one tobacco prod uct,
including e-cigarettes, as well as 6.7% of middle school students.
WHEREAS, in 2021, 84.7% of youth who reported using e -cigarettes reported
using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy,
desserts or other sweets (34.1%), mint (30.2%) and menthol (28.8%).5
WHEREAS, flavorings in tobacco products can make the products more
appealing to youth6.
WHEREAS, according to the CDC, each day about 1,600 youth try their first
cigarette7.
WHEREAS, according to the CDC, widespread marketing of e-cigarettes and the
lower cost (when compared to traditional tobacco products) have contributed t o the use
of e-cigarettes among youth.
WHEREAS, if cigarette smoking continues at the current rate among youth in the
United States, 5.6 million people currently under the age of 18, will die early from a
smoking-related illness.8
WHEREAS, many cities throughout California have banned the sale of flavored
tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles,
Pasadena, El Monte, Glendale, Burbank and Laguna Niguel.
WHEREAS, the California State Legislature passed SB 793 banning the sale of
flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum
on the statewide ballot for the November 8, 2022 General Election.
4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle
and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633
5 Park-Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School
Students- National Youth Tobacco Survey, United States, 2021 . Morbidity and Mortality Weekly Report, 2021.
70:1387-9.
6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School
Students—United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066 –70.
7 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh -stu-home-spotlight-001
8 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm
Ordinance No. NS - ____
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WHEREAS, the staff report for this ordinance dated March 1, 2022, shall be
incorporated herein by this reference, and together with this ordinance, any
amendments or supplements, and oral testimony, shall constitute the necessary
findings for this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals and statements of fact set forth in the Recitals to this
ordinance are true and correct, constitute a substant ive part of this ordinance, and are
incorporated herein by this reference and adopted by the City Council.
Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled
“Tobacco Retail License” of Chapter 18 of the Santa Ana Municipal Code are hereby
amended to read in their entirety as follows (new language is underlined and deleted
language is stricken):
Sec. 18-90. Definitions.
The following words and phrases, whenever used in this article, shall have the
meanings defined in this section unless the context clearly requires otherwise:
(a) "Department" means the Santa Ana Police Department.
(b) “Characterizing flavor” means any tobacco product that contains a taste or
smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary
consumer either prior to, or during consumption of, a tobacco product, including but not
limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate,
cocoa, vanilla, honey, molasses, or any candy, dessert, a lcoholic beverage, herb or
spice. A tobacco product shall not be determined to have a characterizing flavor solely
because of the use of additives or flavorings or the provision of ingredient information.
Rather, it is the presence of a distinguishable taste or aroma, or both, as described in
the first sentence of this definition that constitutes characterizing flavor.
(b)(c) "Chief" means the Chief of Police or designee.
(d) “Flavored tobacco product” means any tobacco product that imparts a
characterizing flavor. There is a rebuttable presumption that a tobacco product is a
flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent
of a tobacco retailer or manufacturer has (i) made a public statement or claim that the
tobacco product imparts a characterizing flavor; (ii) used text and/or images on th e
tobacco product’s labeling or packaging to explicitly or implicitly indicate that the
tobacco product imparts a characterizing flavor or (iii) taken action directed to
consumers that would be reasonably expected to cause consumers to believe the
tobacco product imparts a characterizing flavor.
Ordinance No. NS - ____
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(c)(e) "Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity, and includes the definition of "person" found in Section 1 -2 of the Code.
(d)(f) "Proprietor" means a person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist whe n a person has a ten
percent (10%) or greater interest in the stock, assets, or income of a business other
than the sole interest of security for debt. A managerial interest shall be deemed to exist
when a person can or does have or share ultimate control over the day-to-day
operations of a business.
(e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes,
holders of smoking materials of all types, cigarette rolling machines, and any other item
designed for the smoking, preparation, storing, or consumption of tobacco products.
(f)(g) “Tobacco product" means any of the following: (1) any substance
containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco,
hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco; or (2) any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
otherwise distributed with the expectation that the product or matter will be introduced
into the human body, but does not include any product specifically approved by the
United States Food and Drug Administration for use in treating nicotine or tobacco
product dependence. (1) a product containing, made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated or chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not
limited to, cigarettes, cigars, little cigars, hookah tobacco, chewing tobacco, pipe
tobacco or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids
to the person inhaling from the device, including but not limited to, an electronic
cigarette, cigar, pipe or hookah; (3) any component, part or ac cessory of a tobacco
product whether or not sold separately. “Tobacco product” does not include a nicotine
replacement product approved by the US Food and Drug Administration.
[SB-793 Definition including hookah tobacco]
OR
(f)(g) Tobacco product" means: (1) any product that is made from substance
tobacco, or that contains nicotine, that is intended for human consumption or is likely to
be consumed, whether inhaled, absorbed, or ingested by any other means, including
but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, hookah tobacco,
snuff, or snus. leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah
tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of
tobacco; or (2) any product or formulation of matter containing biologically active
amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed
Ordinance No. NS - ____
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with the expectation that the product or matter will be introduced into the human body,
but does not include any product specifically approved by the United States Food and
Drug Administration for use in treating nicotine or tobacco product dependence.
Electronic smoking device and any substances that may be aerosolized or vaporized by
such device, whether or not the substance contains nicotine; or (3) any component,
part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
mouthpieces, and pipes.
“Tobacco product” does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms are
defined in the Federal Food, Drug, and Cosmetic Act.
[Public Health Law Center and American Lung Association (California) definition
including hookah tobacco]
(g)(h) "Tobacco retailer" means any person or business who sells, offers for
sale, or does or offers to exchange for any form of consideration, flavored tobacco
product, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or
low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing"
shall mean the doing of any of these things. This definition is without regard to the
quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale,
exchanged, or offered for exchange.
Sec. 18-91. Tobacco retailer license.
(a) It shall be unlawful for any person to act as a tobacco retailer, or to display
or advertise the sale of tobacco products or tobacco paraphernalia, without obtaining
and maintaining a valid tobacco retailer's license pursuant to this article for each
location at which that activity is to occur.
(b) It shall be a unlawful for a licensed tobacco retailer, or an agent or
employee thereof to violate any local, state, or federal tobacco-related law.
(c) Each day on which a prohibited act occurs shall constitute a separate
violation.
(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's
agents or employees, to violate any local, state, or federal law applicable to sale,
display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing.
(e) Each tobacco retailer license shall be prominently displayed in a publicly
visible location at the licensed location.
Ordinance No. NS - ____
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Sec. 18-92. - Limits on tobacco retail license.
(a) No license shall be issued to authorize tobacco retailing at other than a
fixed business place. Tobacco retailing by persons on foot or from
vehicles is prohibited.
(b) No license shall be issued to authorize tobacco retailing at any location for
which a tobacco retailer license suspension is in effect or during a period
of ineligibility following a revocation.
(c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer’s
agents or employees, to sell, offer for sale, possess with intent to sell or
offer for sale, a flavored tobacco product.
* * *
Sec. 18-103. Tobacco retailing without a license—Seizure.
(a) Tobacco products, including flavored tobacco products, and tobacco
paraphernalia offered for sale or exchange in violation of this article are
subject to seizure by the chief or any peace officer and shall be forfeited
after the licensee and any other owner of the tobacco products, including
flavored tobacco products, and tobacco paraphernalia seized is given
reasonable notice and an opportunity to demonstrate that the tobacco
products, including flavored tobacco products and tobacco paraphernalia
were not offered for sale or exchange in violation of this article.
(b) Forfeited tobacco products, including flavored tobacco products and
tobacco paraphernalia shall be maintained and destroyed pursuant to the
chief's policy for seized evidence.
Section 3. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 4. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phr ase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Ordinance No. NS - ____
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Section 5. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Section 6. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in the Recitals and Section 1 of this ordinance.
ADOPTED this ___ day of ___________________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on .
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
Exhibit 2
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING ARTICLE III ENTITLED
TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE
SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE
OF FLAVORED TOBACCO PRODUCTS
WHEREAS, pursuant to the City’s police power, as granted broadly under Article
XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the
Santa Ana City Council has the authority to enact and enforce ordinances and
regulations for the public peace, health, and welfare of the City and its residents.
WHEREAS, the City Council finds and determines that the recent increase in use
of e-cigarettes by middle and high school students is a grave public health concern.
WHEREAS, according to the American Lung Association, smoking is the number
one preventable cause of death in the United States killing over 480,000 people per
year1.
WHEREAS, the U.S. Center for Disease Control and Prevention (“CDC”) has
definitively linked smoking to more severe illness from COVID-192.
WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed
venues in the United States contain nicotine.
WHEREAS, use of nicotine can harm the developing brain and the brain
continues developing until age 25.
WHEREAS, use of nicotine in adolescence can lead to lower impulse control and
mood disorders3.
WHEREAS, there is evidence that youth may be sensitive to nicotine and that
teens can feel dependent on nicotine sooner than adults.
WHEREAS, as of 2017, more than two (2) million teens were currently using e-
cigarettes.4
1 https://www.lung.org/research/sotc/facts
2 https://www.lung.org/research/sotc/facts
3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016.
4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle
and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633
Ordinance No. NS - ____
Page 2 of 7
WHEREAS, according to the 2020 National Youth Tobacco Survey, more than
23.6% of high school students in the United States use at least one tobacco product,
including e-cigarettes, as well as 6.7% of middle school students.
WHEREAS, in 2021, 84.7% of youth who reported using e -cigarettes reported
using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy,
desserts or other sweets (34.1%), mint (30.2%) and menthol (28.8%).5
WHEREAS, flavorings in tobacco products can make the products more
appealing to youth6.
WHEREAS, according to the CDC, each day about 1,600 youth try their first
cigarette7.
WHEREAS, according to the CDC, widespread marketing of e -cigarettes and the
lower cost (when compared to traditional tobacco products) have contributed t o the use
of e-cigarettes among youth.
WHEREAS, if cigarette smoking continues at the current rate among youth in the
United States, 5.6 million people currently under the age of 18, will die early from a
smoking-related illness.8
WHEREAS, many cities throughout California have banned the sale of flavored
tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles,
Pasadena, El Monte, Glendale, Burbank and Laguna Niguel.
WHEREAS, the California State Legislature passed SB 793 banning the sale of
flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum
on the statewide ballot for the November 8, 2022 General Election.
WHEREAS, the staff report for this ordinance dated March 1, 2022, shall be
incorporated herein by this reference, and together with this ordinance, any
amendments or supplements, and oral testimony, shall constitute the necessary
findings for this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
5 Park-Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School
Students- National Youth Tobacco Survey, United States, 2021 . Morbidity and Mortality Weekly Report, 2021.
70:1387-9.
6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School
Students—United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066 –70.
7 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh -stu-home-spotlight-001
8 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm
Ordinance No. NS - ____
Page 3 of 7
Section 1. The recitals and statements of fact set forth in the Recitals to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference and adopted by the City Council.
Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled
“Tobacco Retail License” of Chapter 18 of the Santa Ana Municipal Code are hereby
amended to read in their entirety as follows (new language is underlined and deleted
language is stricken):
Sec. 18-90. Definitions.
The following words and phrases, whenever used in this article, shall have the
meanings defined in this section unless the context clearly requires otherwis e:
(a) "Department" means the Santa Ana Police Department.
(b) “Characterizing flavor” means any tobacco product that contains a taste or
smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary
consumer either prior to, or during consumption of, a tobacco product, including but not
limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate,
cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or
spice. A tobacco product shall not be determined to have a characterizing flavor solely
because of the use of additives or flavorings or the provision of ingredient information.
Rather, it is the presence of a distinguishable taste or aroma, or both, as described in
the first sentence of this definition that constitutes characterizing flavor.
(b)(c) "Chief" means the Chief of Police or designee.
(d) “Flavored tobacco product” means any tobacco product that imparts a
characterizing flavor. There is a rebuttable presumption that a tobacco product is a
flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent
of a tobacco retailer or manufacturer has (i) made a public statement or claim that the
tobacco product imparts a characterizing flavor; (ii) used text and/or images on the
tobacco product’s labeling or packaging to explicitly or implicitly indicate that the
tobacco product imparts a characterizing flavor or (iii) taken action directed to
consumers that would be reasonably expected to cause consumers to believe the
tobacco product imparts a characterizing flavor.
(c)(e) "Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity, and includes the definition of "person" found in Section 1 -2 of the Code.
(d)(f) "Proprietor" means a person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist when a person has a ten
percent (10%) or greater interest in the stock, assets, or income of a business other
Ordinance No. NS - ____
Page 4 of 7
than the sole interest of security for debt. A managerial interest shall be deemed to exist
when a person can or does have or share ultimate control over the day -to-day
operations of a business.
(e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes,
holders of smoking materials of all types, cigarette rolling machines, and any other item
designed for the smoking, preparation, storing, or consumption of tobacco products.
(f)(g) “Tobacco product" means any of the following: (1) any substance
containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco,
hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco; or (2) any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
otherwise distributed with the expectation that the product or matter will be introduced
into the human body, but does not include any product specifically approved by the
United States Food and Drug Administration for use in treating nicotine or tobacco
product dependence. (1) a product containing, made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, heated or chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not
limited to, cigarettes, cigars, little cigars, hookah tobacco, chewing tobacco, pipe
tobacco or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids
to the person inhaling from the device, including but not limited to, an electronic
cigarette, cigar, pipe or hookah; (3) any component, part or accessory of a tobacco
product whether or not sold separately. “Tobacco product” does not include a nicotine
replacement product approved by the US Food and Drug Administration.
[SB-793 Definition including hookah tobacco]
OR
(f)(g) Tobacco product" means: (1) any product that is made from substance
tobacco, or that contains nicotine, that is intended for human consumption or is likely to
be consumed, whether inhaled, absorbed, or ingested by any other means, including
but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, hookah tobacco,
snuff, or snus. leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah
tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of
tobacco; or (2) any product or formulation of matter containing biologic ally active
amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed
with the expectation that the product or matter will be introduced into the human body,
but does not include any product specifically approved by the United States Food and
Drug Administration for use in treating nicotine or tobacco product dependence.
Electronic smoking device and any substances that may be aerosolized or vaporized by
such device, whether or not the substance contains nicotine; or (3) any component,
part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
mouthpieces, and pipes.
Ordinance No. NS - ____
Page 5 of 7
“Tobacco product” does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms are
defined in the Federal Food, Drug, and Cosmetic Act.
[Public Health Law Center and American Lung Association (California) definition
including hookah tobacco]
(g)(h) "Tobacco retailer" means any person or business who sells, offers for
sale, or does or offers to exchange for any form of consideration, flavored tobacco
product, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or
low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing"
shall mean the doing of any of these things. This definition is without regard to the
quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale,
exchanged, or offered for exchange.
Sec. 18-91. Tobacco retailer license.
(a) It shall be unlawful for any person to act as a tobacco retailer, or to display
or advertise the sale of tobacco products or tobacco paraphernalia, without obtaining
and maintaining a valid tobacco retailer's license pursuant to this article for each
location at which that activity is to occur.
(b) It shall be a unlawful for a licensed tobacco retailer, or an agent or
employee thereof to violate any local, state, or federal tobacco-related law.
(c) Each day on which a prohibited act occurs shall constitute a separate
violation.
(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's
agents or employees, to violate any local, state, or federal law applicable to sale,
display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing.
(e) Each tobacco retailer license shall be prominently displayed in a publicly
visible location at the licensed location.
Sec. 18-92. - Limits on tobacco retail license.
(a) No license shall be issued to authorize tobacco retailing at other than a
fixed business place. Tobacco retailing by persons on foot or from
vehicles is prohibited.
(b) No license shall be issued to authorize tobacco retailing at any location for
which a tobacco retailer license suspension is in effect or during a period
of ineligibility following a revocation.
Ordinance No. NS - ____
Page 6 of 7
(c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer’s
agents or employees, to sell, offer for sale, possess with intent to sell or
offer for sale, a flavored tobacco product.
* * *
Sec. 18-103. Tobacco retailing without a license—Seizure.
(a) Tobacco products, including flavored tobacco products, and tobacco
paraphernalia offered for sale or exchange in violation of this article are
subject to seizure by the chief or any peace officer and shall be forfeited
after the licensee and any other owner of the tobacco products, including
flavored tobacco products, and tobacco paraphernalia seized is given
reasonable notice and an opportunity to demonstrate that the tobacco
products, including flavored tobacco products and tobacco paraphernalia
were not offered for sale or exchange in violation of this article.
(b) Forfeited tobacco products, including flavored tobacco products and
tobacco paraphernalia shall be maintained and destroyed pursuant to the
chief's policy for seized evidence.
Section 3. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 4. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 5. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by la w.
Section 6. This ordinance will take effect thirty (30) days after adoption of the
second reading by the City Council.
Ordinance No. NS - ____
Page 7 of 7
ADOPTED this ___ day of ___________________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on .
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
Exhibit 3
ORDINANCE NO. NS-XXXX
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING ARTICLE III
ENTITLED TOBACCO RETAIL LICENSE OF CHAPTER 18
OF THE SANTA ANA MUNICIPAL CODE PROHIBITING
THE SALE OF FLAVORED TOBACCO PRODUCTS
WHEREAS, pursuant to the City’s police power, as granted broadly under Article
XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the
Santa Ana City Council has the authority to enact and enforce ordinances and
regulations for the public peace, health, and welfare of the City and its residents.
WHEREAS, pursuant to Santa Ana City Charter Sections 415 and 417, this
ordinance is declared by the City Council to be necessary as an emergency measure to
protect and preserve the health, safety and welfare of the residents of the City of Santa
Ana and will become effective immediately if passed by the affirmative votes of at least
two-thirds (2/3) of the members of the City Council. The City Council hereby finds that
there is an urgent need to adopt these regulations in order to address the current and
immediate threats set forth in these Recitals.
WHEREAS, the City Council finds and determines that the recent increase in use
of e-cigarettes by middle and high school students is a grave public health concern.
WHEREAS, according to the American Lung Association, smoking is the number
one preventable cause of death in the United States killing over 480,000 people per
year1.
WHEREAS, the U.S. Center for Disease Control and Prevention (“CDC”) has
definitively linked smoking to more severe illness from COVID-192.
WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed
venues in the United States contain nicotine.
WHEREAS, use of nicotine can harm the developing brain and the brain
continues developing until age 25.
WHEREAS, use of nicotine in adolescence can lead to lower impulse control and
mood disorders3.
1 https://www.lung.org/research/sotc/facts
2 https://www.lung.org/research/sotc/facts
3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016.
Ordinance No. NS - ____
Page 2 of 8
WHEREAS, there is evidence that youth may be sensitive to nicotine and that
teens can feel dependent on nicotine sooner than adults.
WHEREAS, as of 2017, more than two (2) million teens were currently using e -
cigarettes.4
WHEREAS, according to the 2020 National Youth Tobacco Survey, more than
23.6% of high school students in the United States use at least one tobacco prod uct,
including e-cigarettes, as well as 6.7% of middle school students.
WHEREAS, in 2021, 84.7% of youth who reported using e -cigarettes reported
using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy,
desserts or other sweets (34.1%), mint (30.2%) and menthol (28.8%).5
WHEREAS, flavorings in tobacco products can make the products more
appealing to youth6.
WHEREAS, according to the CDC, each day about 1,600 youth try their first
cigarette7.
WHEREAS, according to the CDC, widespread marketing of e-cigarettes and the
lower cost (when compared to traditional tobacco products) have contributed t o the use
of e-cigarettes among youth.
WHEREAS, if cigarette smoking continues at the current rate among youth in the
United States, 5.6 million people currently under the age of 18, will die early from a
smoking-related illness.8
WHEREAS, many cities throughout California have banned the sale of flavored
tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles,
Pasadena, El Monte, Glendale, Burbank and Laguna Niguel.
WHEREAS, the California State Legislature passed SB 793 banning the sale of
flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum
on the statewide ballot for the November 8, 2022 General Election.
4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle
and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633
5 Park-Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School
Students- National Youth Tobacco Survey, United States, 2021 . Morbidity and Mortality Weekly Report, 2021.
70:1387-9.
6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School
Students—United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066 –70.
7 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh -stu-home-spotlight-001
8 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm
Ordinance No. NS - ____
Page 3 of 8
WHEREAS, the staff report for this ordinance dated March 1, 2022, shall be
incorporated herein by this reference, and together with this ordinance, any
amendments or supplements, and oral testimony, shall constitute the necessary
findings for this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals and statements of fact set forth in the Recitals to this
ordinance are true and correct, constitute a substant ive part of this ordinance, and are
incorporated herein by this reference and adopted by the City Council.
Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled
“Tobacco Retail License” of Chapter 18 of the Santa Ana Municipal Code are hereby
amended to read in their entirety as follows (new language is underlined and deleted
language is stricken):
Sec. 18-90. Definitions.
The following words and phrases, whenever used in this article, shall have the
meanings defined in this section unless the context clearly requires otherwise:
(a) "Department" means the Santa Ana Police Department.
(b) “Characterizing flavor” means any tobacco product that contains a taste or
smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary
consumer either prior to, or during consumption of, a tobacco product, including but not
limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate,
cocoa, vanilla, honey, molasses, or any candy, dessert, a lcoholic beverage, herb or
spice. A tobacco product shall not be determined to have a characterizing flavor solely
because of the use of additives or flavorings or the provision of ingredient information.
Rather, it is the presence of a distinguishable taste or aroma, or both, as described in
the first sentence of this definition that constitutes characterizing flavor.
(b)(c) "Chief" means the Chief of Police or designee.
(d) “Flavored shisha tobacco product” means any shisha tobacco product that
contains a constituent that imparts a characterizing flavor.
(e) “Flavored tobacco product” means any tobacco product that imparts a
characterizing flavor. There is a rebuttable presumption that a tobacco product is a
flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent
of a tobacco retailer or manufacturer has (i) made a public statement or claim that the
tobacco product imparts a characterizing flavor; (ii) used text and/or images on th e
tobacco product’s labeling or packaging to explicitly or implicitly indicate that the
Ordinance No. NS - ____
Page 4 of 8
tobacco product imparts a characterizing flavor or (iii) taken action directed to
consumers that would be reasonably expected to cause consumers to believe the
tobacco product imparts a characterizing flavor.
(f) “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco
products, with a long flexible tube for drawing aerosol through water. Components of a
hookah may include heads, stems, bowls, and hoses. This definition applies only to this
article.
(c)(g) "Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity, and includes the definition of "person" found in Section 1 -2 of the Code.
(d)(h) "Proprietor" means a person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist when a person has a ten
percent (10%) or greater interest in the stock, assets, or income of a business other
than the sole interest of security for debt. A managerial interest shall be deemed to exist
when a person can or does have or share ultimate control over the day -to-day
operations of a business.
(e) "Tobacco paraphernalia" means cigarette papers or wrappe rs, pipes,
holders of smoking materials of all types, cigarette rolling machines, and any other item
designed for the smoking, preparation, storing, or consumption of tobacco products.
(i) “Shisha tobacco product” means a tobacco product smoked or intende d to
be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as,
hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco
product” does not include any electronic devices, such as electronic hookah, elec tronic
cigarette, or electronic tobacco product.
(f)(j) “Tobacco product" means any of the following: (1) any substance
containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco,
hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco; or (2) any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
otherwise distributed with the expectation that the product or matter will be introduced
into the human body, but does not include any product specifically approved by the
United States Food and Drug Administration for use in treating nicotine or tobacco
product dependence. (1) a product containing, made or derived from tobacco or nicotine
that is intended for human consumption, smoked, heated or chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not
limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco or snuff; (2) an
electronic device that delivers nicotine or other vaporized liquids to the person inhaling
from the device, including but not limited to, an electronic cigarette, cigar, pipe or
hookah; (3) any component, part or accessory of a tobacco product whether or not sold
Ordinance No. NS - ____
Page 5 of 8
separately. “Tobacco product” does not include a nicotine replacement product
approved by the US Food and Drug Administration.
[SB-793 Definition]
OR
(f)(j) Tobacco product" means: (1) any product that is made from substance or
derived from tobacco, or that contains nicotine, that is intended for human consumption
or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means,
including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or
snus. leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco ; or
(2) any product or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the
expectation that the product or matter will be introduced into the human body, but does
not include any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco product dependence. electronic
smoking device and any substances that may be aerosolized or vaporized by such
device, whether or not the substance contains nicotine; or (3) any component, part, or
accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
mouthpieces, and pipes.
“Tobacco product” does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms are
defined in the Federal Food, Drug, and Cosmetic Act.
[Public Health Law Center and American Lung Association (California) definition ]
(g)(k) "Tobacco retailer" means any person or business who sells, offers for
sale, or does or offers to exchange for any form of consideration, flavored tobacco
product, tobacco, tobacco products, shisha tobacco product including flavored shisha
tobacco product, or tobacco paraphernalia, or who distributes free or low cost samples
of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing
of any of these things. This definition is without regard to the quantity of tobacco,
tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered
for exchange.
Sec. 18-91. Tobacco retailer license.
(a) It shall be unlawful for any person to act as a tobacco retailer, or to display
or advertise the sale of tobacco products or tobacco paraphernalia, without obtaining
and maintaining a valid tobacco retailer's license pursuant to this article for each
location at which that activity is to occur.
Ordinance No. NS - ____
Page 6 of 8
(b) It shall be a unlawful for a licensed tobacco retailer, or an agent or
employee thereof to violate any local, state, or federal tobacco-related law.
(c) Each day on which a prohibited act occurs shall constitute a separate
violation.
(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's
agents or employees, to violate any local, state, or federal law applicable to sale,
display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing.
(e) Each tobacco retailer license shall be prominently displayed in a publicly
visible location at the licensed location.
Sec. 18-92. - Limits on tobacco retail license.
(a) No license shall be issued to authorize tobacco retailing at other than a
fixed business place. Tobacco retailing by persons on foot or from
vehicles is prohibited.
(b) No license shall be issued to authorize tobacco retailing at any location for
which a tobacco retailer license suspension is in effect or during a period
of ineligibility following a revocation.
(c) It shall be unlawful for a tobacco retailer, o r any of the tobacco retailer’s
agents or employees, to sell, offer for sale, possess with intent to sell or
offer for sale, a flavored tobacco product.
(d) Subsection (c) shall not apply to the sale of flavored shisha tobacco
products by a licensed tobacco retailer.
* * *
Sec. 18-103. Tobacco retailing without a license—Seizure.
(a) Tobacco products, including flavored tobacco products, shisha tobacco
products, and flavored shisha tobacco products and tobacco
paraphernalia offered for sale or exchange in violation of this article are
subject to seizure by the chief or any peace officer and shall be forfeited
after the licensee and any other owner of the tobacco products, including
flavored tobacco products, shisha tobacco products, and flavored shisha
tobacco products, and tobacco paraphernalia seized is given reasonable
notice and an opportunity to demonstrate that the tobacco products,
including flavored tobacco products, shisha tobacco products, and
flavored shisha tobacco products and tobacco paraphernalia were not
offered for sale or exchange in violation of this article.
Ordinance No. NS - ____
Page 7 of 8
(b) Forfeited tobacco products, including flavored tobacco products, shisha
tobacco products, and flavored shisha tobacco products and tobacco
paraphernalia shall be maintained and destroyed pursuant to the chief's
policy for seized evidence.
Section 3. This ordinance shall be automatically repealed by operation of law
in the event that Senate Bill 793 (2020) re flavored tobacco products goes into effect.
Section 4. The City Council finds that this ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 5. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 6. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Section 7. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in the Recitals and Section 1 of this ordinance.
ADOPTED this ___ day of ___________________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Laura A. Rossini
Chief Assistant City Attorney
Ordinance No. NS - ____
Page 8 of 8
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on .
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
Exhibit 4
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING ARTICLE III ENTITLED
TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE
SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE
OF FLAVORED TOBACCO PRODUCTS
WHEREAS, pursuant to the City’s police power, as granted broadly under Article
XI, Section 7 of the California Constitution, and Santa Ana Charter Section 200, the
Santa Ana City Council has the authority to enact and enforce ordinances and
regulations for the public peace, health, and welfare of the City and its residents.
WHEREAS, the City Council finds and determines that the recent increase in use
of e-cigarettes by middle and high school students is a grave public health concern.
WHEREAS, according to the American Lung Association, smoking is the number
one preventable cause of death in the United States killing over 480,000 people per
year1.
WHEREAS, the U.S. Center for Disease Control and Prevention (“CDC”) has
definitively linked smoking to more severe illness from COVID-192.
WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed
venues in the United States contain nicotine.
WHEREAS, use of nicotine can harm the developing brain and the brain
continues developing until age 25.
WHEREAS, use of nicotine in adolescence can lead to lower impulse control and
mood disorders3.
WHEREAS, there is evidence that youth may be sensitive to nicotine and that
teens can feel dependent on nicotine sooner than adults.
WHEREAS, as of 2017, more than two (2) million teens were currently using e-
cigarettes.4
1 https://www.lung.org/research/sotc/facts
2 https://www.lung.org/research/sotc/facts
3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016.
4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle
and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633
Ordinance No. NS - ____
Page 2 of 8
WHEREAS, according to the 2020 National Youth Tobacco Survey, more than
23.6% of high school students in the United States use at least one tobacco product,
including e-cigarettes, as well as 6.7% of middle school students.
WHEREAS, in 2021, 84.7% of youth who reported using e -cigarettes reported
using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy,
desserts or other sweets (34.1%), mint (30.2%) and menthol (28.8%).5
WHEREAS, flavorings in tobacco products can make the products more
appealing to youth6.
WHEREAS, according to the CDC, each day about 1,600 youth try their first
cigarette7.
WHEREAS, according to the CDC, widespread marketing of e -cigarettes and the
lower cost (when compared to traditional tobacco products) have contributed t o the use
of e-cigarettes among youth.
WHEREAS, if cigarette smoking continues at the current rate among youth in the
United States, 5.6 million people currently under the age of 18, will die early from a
smoking-related illness.8
WHEREAS, many cities throughout California have banned the sale of flavored
tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles,
Pasadena, El Monte, Glendale, Burbank and Laguna Niguel.
WHEREAS, the California State Legislature passed SB 793 banning the sale of
flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum
on the statewide ballot for the November 8, 2022 General Election.
WHEREAS, the staff report for this ordinance dated March 1, 2022, shall be
incorporated herein by this reference, and together with this ordinance, any
amendments or supplements, and oral testimony, shall constitute the necessary
findings for this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
5 Park-Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School
Students- National Youth Tobacco Survey, United States, 2021 . Morbidity and Mortality Weekly Report, 2021.
70:1387-9.
6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School
Students—United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066 –70.
7 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh -stu-home-spotlight-001
8 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm
Ordinance No. NS - ____
Page 3 of 8
Section 1. The recitals and statements of fact set forth in the Recitals to this
ordinance are true and correct, constitute a substantive part of this ordinance, and are
incorporated herein by this reference and adopted by the City Council.
Section 2. Sections 18-90, 18-91, 18-92 and 18-103 of Article III entitled
“Tobacco Retail License” of Chapter 18 of the Santa Ana Municipal Code are hereby
amended to read in their entirety as follows (new language is underlined and deleted
language is stricken):
Sec. 18-90. Definitions.
The following words and phrases, whenever used in this article, shall have the
meanings defined in this section unless the context clearly requires otherwise:
(a) "Department" means the Santa Ana Police Department.
(b) “Characterizing flavor” means any tobacco product that contains a taste or
smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary
consumer either prior to, or during consumption of, a tobacco product, including but not
limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate,
cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or
spice. A tobacco product shall not be determined to have a characterizing flavor solely
because of the use of additives or flavorings or the provision of ingredient information.
Rather, it is the presence of a distinguishable taste or aroma, or both, as described in
the first sentence of this definition that constitutes characterizing flavor.
(b)(c) "Chief" means the Chief of Police or designee.
(d) “Flavored shisha tobacco product” means any shisha tobacco product that
contains a constituent that imparts a characterizing flavor.
(e) “Flavored tobacco product” means any tobacco product that imparts a
characterizing flavor. There is a rebuttable presumption that a tobacco product is a
flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent
of a tobacco retailer or manufacturer has (i) made a public statement or claim that the
tobacco product imparts a characterizing flavor; (ii) used text and/or images on th e
tobacco product’s labeling or packaging to explicitly or implicitly indicate that the
tobacco product imparts a characterizing flavor or (iii) taken action directed to
consumers that would be reasonably expected to cause consumers to believe the
tobacco product imparts a characterizing flavor.
(f) “Hookah” means a type of waterpipe, used to smo ke shisha or other tobacco
products, with a long flexible tube for drawing aerosol through water. Components of a
hookah may include heads, stems, bowls, and hoses. This definition applies only to this
article.
Ordinance No. NS - ____
Page 4 of 8
(c)(g) "Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity, and includes the definition of "person" found in Section 1 -2 of the Code.
(d)(h) "Proprietor" means a person with an ownership or managerial interest in a
business. An ownership interest shall be deemed to exist when a person has a ten
percent (10%) or greater interest in the stock, assets, or income of a business other
than the sole interest of security for debt. A managerial interest shall be deemed to exist
when a person can or does have or share ultimate control over the day -to-day
operations of a business.
(e) "Tobacco paraphernalia" means cigarette papers or wrappers, pipes,
holders of smoking materials of all types, cigarette rolling machines, and any other item
designed for the smoking, preparation, storing, or consumption of tobacco products.
(i) “Shisha tobacco product” means a tobacco product smoked or intended to
be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as,
hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh. “Shisha tobacco
product” does not include any electronic devices, such as electronic hookah, electronic
cigarette, or electronic tobacco product.
(f)(j) “Tobacco product" means any of the following: (1) any substance
containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco,
hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco; or (2) any product or formulation of matter containing
biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
otherwise distributed with the expectation that the product or matter will be introduced
into the human body, but does not include any product specifically approved by the
United States Food and Drug Administration for use in treating nicotine or tobacco
product dependence. (1) a product containing, made or derived from tobacco or nicotine
that is intended for human consumption, smoked, heated or chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not
limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco or snuff; (2) an
electronic device that delivers nicotine or other vaporized liquids to the person inhaling
from the device, including but not limited to, an electronic cigarette, cigar, pipe or
hookah; (3) any component, part or accessory of a tobacco product whether or not sold
separately. “Tobacco product” does not include a nicotine replacement product
approved by the US Food and Drug Administration.
[SB-793 Definition]
OR
(f)(j) Tobacco product" means: (1) any product that is made from substance or
derived from tobacco, or that contains nicotine, that is intended for human consumption
or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means,
Ordinance No. NS - ____
Page 5 of 8
including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or
snus. leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco,
snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco ; or
(2) any product or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the
expectation that the product or matter will be introduced into the human body, but does
not include any product specifically approved by the United States Food and Drug
Administration for use in treating nicotine or tobacco product dependence. electronic
smoking device and any substances that may be aerosolized or vaporized by such
device, whether or not the substance contains nicotine; or (3) any component, part, or
accessory of (1) or (2), whether or not any of these contains tobacco or nicotine,
including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs,
mouthpieces, and pipes.
“Tobacco product” does not include drugs, devices, or combination products
authorized for sale by the U.S. Food and Drug Administration, as those terms are
defined in the Federal Food, Drug, and Cosmetic Act.
[Public Health Law Center and American Lung Association (California) definition]
(g)(k) "Tobacco retailer" means any person or busine ss who sells, offers for
sale, or does or offers to exchange for any form of consideration, flavored tobacco
product, tobacco, tobacco products, shisha tobacco product including flavored shisha
tobacco product, or tobacco paraphernalia, or who distributes free or low cost samples
of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing
of any of these things. This definition is without regard to the quantity of tobacco,
tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered
for exchange.
Sec. 18-91. Tobacco retailer license.
(a) It shall be unlawful for any person to act as a tobacco retailer, or to display
or advertise the sale of tobacco products or tobacco paraphernalia, without obtaining
and maintaining a valid tobacco retailer's license pursuant to this article for each
location at which that activity is to occur.
(b) It shall be a unlawful for a licensed tobacco retailer, or an agent or
employee thereof to violate any local, state, or federal tobacco-related law.
(c) Each day on which a prohibited act occurs shall constitute a separate
violation.
(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's
agents or employees, to violate any local, state, or federal law applicable to sale,
display or advertising of tobacco products, tobacco paraphernalia, or tobacco retailing.
Ordinance No. NS - ____
Page 6 of 8
(e) Each tobacco retailer license shall be prominently displayed in a publicly
visible location at the licensed location.
Sec. 18-92. - Limits on tobacco retail license.
(a) No license shall be issued to authorize tobacco retailing at other than a
fixed business place. Tobacco retailing by persons on foot or from
vehicles is prohibited.
(b) No license shall be issued to authorize tobacco retailing at any location for
which a tobacco retailer license suspension is in effect or during a period
of ineligibility following a revocation.
(c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer’s
agents or employees, to sell, offer for sale, possess with intent to sell or
offer for sale, a flavored tobacco product.
(d) Subsection (c) shall not apply to the sale of flavored shisha tobacco
products by a licensed tobacco retailer.
* * *
Sec. 18-103. Tobacco retailing without a license—Seizure.
(a) Tobacco products, including flavored tobacco products, shisha tobacco
products, and flavored shisha tobacco products and tobacco
paraphernalia offered for sale or exchange in violation of this article are
subject to seizure by the chief or any peace officer and shall be forfeited
after the licensee and any other owner of the tobacco products, including
flavored tobacco products, shisha tobacco products, and flavored shisha
tobacco products, and tobacco paraphernalia seized is given reasonable
notice and an opportunity to demonstrate that the tobacco products,
including flavored tobacco products, shisha tobacco products, and
flavored shisha tobacco products and tobacco paraphernalia were not
offered for sale or exchange in violation of this article.
(b) Forfeited tobacco products, including flavored tobacco products, shisha
tobacco products, and flavored shisha tobacco products and tobacco
paraphernalia shall be maintained and destroyed pursuant to the chief's
policy for seized evidence.
Section 3. This ordinance shall be automatically repealed by operation of law
in the event that Senate Bill 793 (2020) re flavored tobacco products goes into effect.
Ordinance No. NS - ____
Page 7 of 8
Section 4. The City Council finds that this ordinance is not subject to th e
California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2),
15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a
direct or reasonably foreseeable indirect physical change in the environment, because
there is no possibility it will have a significant effect on the environment, and it is not a
"project," as defined in section 15378 of the State CEQA Guidelines.
Section 5. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 6. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Section 7. This ordinance shall become effective thirty (30) days after
adoption of the second reading by the Santa Ana City Council.
ADOPTED this ___ day of ___________________, 2022.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
_______________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers: ________________________________________
NOES: Councilmembers: ________________________________________
ABSTAIN: Councilmembers: ________________________________________
NOT PRESENT: Councilmembers: ________________________________________
Ordinance No. NS - ____
Page 8 of 8
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on .
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 1
Flavored Tobacco
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 2
Background
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 3
At the November 16, 2021 meeting,
Councilmember Mendoza added the
following Councilmember requested item:
Discuss and Consider Directing City Manager
to Direct Staff to Introduce an Ordinance to
Ban the Sale of Flavored Tobacco Products.
The item was presented at the December
21, 2021 meeting.
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 4
Direction from the City Council
An ordinance banning flavored tobacco products including a
choice of definitions of “tobacco product” that included the SB
793 definition and the American Lung Association definition.
An ordinance banning flavored tobacco products including a
choice of definitions of “tobacco product” that included the SB
793 definition and the Public Health Law Center and American
Lung Association California definition. This ordinance would
contain an exemption for hookah products.
Look into enforcement and/or security options already utilized
by the City for cannabis businesses that may be able to be
applied to tobacco retailers.
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 5
Options
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 6
Option 1: Urgency Ordinance (either full ban OR excluding hookah)
Adopt an urgency ordinance prohibiting the sale of flavored tobacco products, including
hookah. (Requires five affirmative votes)
Adopt an urgency ordinance prohibiting the sale of flavored tobacco products, excluding
hookah. (Requires five affirmative votes)
Option 2: Regular Ordinance (either full ban OR excluding hookah)
Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products,
including hookah. OR
Approve the first reading of an ordinance prohibiting the sale of flavored tobacco products,
excluding hookah.
Option 3: Come Back with Ordinance with Enforcement or Security Measures
Consider whether to direct staff to prepare an ordinance regarding enforcement and/or
security measures for tobacco retailers; or
Option 4: Take No Action, Pending SB 793
Take no action at this time and wait to see whether Senate Bill 793 goes into effect following a
statewide referendum vote in November 2022.
Flavored Tobacco
City Manager’s Office
March 1, 2022
Slide 7
Questions?