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ORDINANCE NO. 9489 (New Series)

AN ORDINANCE ADDING CHAPTER 8.6

TO DIVISION 2 OF TITLE 3 OF THE COUNTY OF SAN DIEGO

CODE OF REGULATORY ORDINANCES RELATING TO THE SALE

OF TOBACCO PRODUCTS TO MINORS

The Board of Supervisors of the County of San Diego ordains as follows:

Section 1. Chapter 8.6 is hereby added to Division 2 of Title 3 of the County of San Diego Code of Regulatory Ordinances, to read as follows:

CHAPTER 8.6. PROHIBITION OF THE SALE

OF TOBACCO PRODUCTS TO MINORS

SEC. 32. 860.  PURPOSE OF CHAPTER.

The declared purpose of this chapter is to prevent the sale of Tobacco Products and accessories to protect the health and welfare of the public, and in particular that segment of the public constituting minors.  The reasons in support of this declared purpose are as follows:  

(a) Smoking is responsible for the premature deaths of Americans each year from lung cancer, heart disease, respiratory illnesses, and other diseases.  

(b) Environmental tobacco smoke is reportedly responsible for the additional deaths of nonsmokers.  

(c) The Environmental Protection Agency has classified environmental tobacco smoke a Group A carcinogen, a substance known to cause cancer in humans, the same classification as asbestos.  

(d) The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin.  

(e) It is estimated that 7.1% of children in California smoke, 19.2% of ninth-to-twelfth grade boys use smokeless tobacco, 73% of high school seniors who have tried smokeless tobacco did so by the ninth grade, and 57% of tenth graders and 38% of eighth graders perceive that it would be easy for them to obtain cigarettes from a retail source.

SEC. 32.861.  DEFINITIONS.

(a) “Tobacco Products” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.

(b) “Self-Service Display” means the open display of Tobacco Products in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.

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