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O1569 e e 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 - 1 - e e 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. - 2 - e e 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance.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 - 3 - e . Adopted and approved this 26th day of February, 1991. ~ P(~r 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 - ~ " ATTEST: - - -- - r-r Le~ ci ty Clerk"- --