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9.A. - Page 19 of 31 c' ZIFnP, File Number: 19-842 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1588-2019 Enactment Number: ORD 1588-2019 ORDINANCE AMENDING TITLE 8, CHAPTER 8.50 AND TITLE 20, CHAPTER 20.420, AND ADDING TITLE 6, CHAPTER 6.47, OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO SALE OF TOBACCO, FLAVORED TOBACCO, AND ELECTRONIC SMOKING DEVICES WHEREAS, the U.S. Center for Disease Control and Prevention estimates that approximately 480,000 people die each year in the United States due to smoking, and more than 16 million people are living with disease caused by smoking; and WHEREAS, studies have shown that electronic smoking devices contain high levels of toxic chemicals; and WHEREAS, the Surgeon General has reported a more than an 900% increase in the use of electronic smoking devices among middle school and high school students between 2011 and 2015; and WHEREAS, the liquid nicotine solutions consumed in electronic smoking devices are marketed in a variety of flavors that appeal to youth including cotton candy, bubble gum, and fruit; and WHEREAS, the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products in electronic smoking devices help establish smoking habits in youth that can lead to long-term addiction; and WHEREAS, traditional tobacco products including cigarettes, cigarillos, and chewing tobacco are also sold in flavors (such as menthol and wintergreen) that appeal to young people, with data from the National Youth Tobacco survey indicating that over two-fifths of U.S. middle school and high school smokers report using flavored cigarillos or flavored cigarettes; and WHEREAS, a local prohibition against the sale of flavored tobacco products and against the sale of all electronic smoking devices is an effective means to reduce the availability of these products to youth, thereby protecting the public health by discouraging tobacco initiation and continued use; and WHEREAS, State law contains various tobacco control laws including: the prohibition against the sale or furnishing of tobacco products and smoking paraphernalia to minors (Cal. Pen. Code, § 308); the sale or furnishing of electronic smoking devices to minors (Cal. Health & Safety Code, § 119405); and the sale of loose or single cigarettes; and WHEREAS, State law requires tobacco retailers check the identification of tobacco purchasers who City of South San Francisco Page 1 296