O1569
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CA:RMM:lld643/hpc
city council Meeting 2-26-91
Santa Monica, California
ORDINANCE NUMBER 1569 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4390 TO
THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT
THE SALE OF TOBACCO BY VENDING MACHINE OR OTHER
MECHANICAL DEVICE OR OUT OF PACKAGE
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Section 4930 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4930.
sale of Tobacco by
Vending Machine or other MeChanical Device
or out of Package.
(a)
Purpose.
The City council
finds cigarette smoking and other tobacco
use by minors to be a continuing problem
with grave public health consequences.
studies show that the vast majority of
adult smokers began as teenagers, and that
teenagers who begin using tobacco before
the age of 15 eventually have much higher
cancer
rates
than
non-tobacco
using
teenagers. In recognition of the Surgeon
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General's conclusion that nicotine is as
addictive as cocaine or heroin, action is
needed to curtail the easy access of
minors to cigarettes and other tobacco
products. Furthermore, by adoption of
Santa Monica Municipal Code Sections 4920
through 4927, the city has already
prohibited smoking in public places, work
places, and restaurants. The sale of
tobacco by vending machine encourages
violations of these Sections of the
Municipal Code since minors have access to
most of these types of premises. The
purpose of this Chapter is to implement a
strict and enforceable system to prevent
the illegal sale of cigarettes and other
tobacco products to minors.
(b) vending Machines. On or after
May 1, 1991, no person shall sell or
dispense cigarettes or other tobacco
products by vending machine or any other
device that automatically sells or
dispenses tobacco products.
(c) Out of Package Sales
Prohibi ted. It is unlawful to sell
cigarettes out of the manufacturer's
package with required health warnings.
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SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, 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 and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~~.~
ROBERT M. MYERS
City Attorney
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Adopted and approved this 26th day of February, 1991.
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I hereby certify that the foregoing Ordinance No. 1569 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 19th day of February 1991; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 26th day of February 1991 by the following Council vote:
Ayes: Councilmembers:
Genser, Holbrook, Olsen, Vazquez,
Zane, and Mayor Abdo
Noes: Councilmembers:
None
Abstain: councilmembers:
None
Absent: Councilmembers:
Katz
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ATTEST:
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Le~
ci ty Clerk"-
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