A. Substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the United States has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability.

B. The U.S. Centers for Disease Control have found that at least 434,000 Americans die each year from tobacco-caused diseases. The Surgeon General of the United States and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents, before the age of legal consent.

C. The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identify nicotine addiction as the most widespread example of drug dependence in the U.S.

D. The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin.

E. The National Institute on Drug Abuse found that tobacco use by adolescents precedes and is predictive of adolescent illicit drug use.

F. The Surgeon General of the U.S., the U.S. Department of Health and Human Services, and local public health agencies and private health organizations have found that cigarettes and other tobacco products are easily available to minors from cigarette vending machines, tobacco retailers, distribution of tobacco product samples, and shoplifting. Therefore, strong legislative action and enforcement are necessary to curtail the wide availability of tobacco products to minors.

G. California Penal Code Section 308 prohibits selling, giving or furnishing tobacco products to minors, and prohibits minors from buying, receiving or using falsified identification to obtain tobacco products. However, the present legislative scheme of prohibiting tobacco sales and distribution to minors has proven ineffective in preventing tobacco sales and distribution to minors and preventing minors from buying and obtaining tobacco.

H. Minors have easy access to vending machines selling tobacco products and that the prohibition of the sale or dispensing of tobacco products through vending machines will thereby promote the health, safety and welfare of the residents of Sebastopol under 18 years of age.

I. Distribution of tobacco product samples to minors encourages them to begin smoking cigarettes and using other tobacco products, thereby becoming addicted to cigarettes and other tobacco products, and discourages minors from quitting smoking cigarettes and using other tobacco products. Prohibiting the distribution of tobacco product samples will thereby promote the health, safety and welfare of the residents of Sebastopol under 18 years of age. Therefore, the Council finds it in the public interest to restrict cigarette sales through vending machines, prohibit self-service sales of tobacco products by retailers, and prohibit the distribution of tobacco product samples in the City of Sebastopol. The Council further finds it is within its basic police power to implement and enforce the provisions of this chapter.