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Resolution No. 13-01 v RESOLUTION NO. 13-01 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, URGING TOBACCO RETAILERS TO ADOPT A VOLUNTARY RETAIL POICY TO PROHIBIT AND/OR RESTRICT THE SALE AND MARKETING OF CANDY FLAVORED TOBACCO IN THE CITY OF ATLANTIC BEACH,AND PROVIDING AN EFFECTIVE DATE. WHEREAS, tobacco use is the number one cause of preventable deaths in the United States, and almost 90%of tobacco users and smokers started before they were 18 years old, and WHEREAS, each day more than 4,000 young people try smoking for the first time, and another 2,000 youths become regular daily smokers,and WHEREAS the Surgeon General has concluded that tobacco advertising greatly contributes to youth smoking rates,and. WHEREAS, an estimated one-third of adolescent experimentation with smoking can be directly attributed to tobacco advertising and promotional activities,and WHEREAS, internal tobacco industry documents strongly suggest that manufacturers intentionally target youth through use of candy-like flavors in tobacco products,and WHEREAS, research from the Harvard School of Public Health (published November 2005) found that cigarette makers are targeting young smokers with new candy and liqueur flavored brands that mask the harsh and toxic properties found in tobacco smoke. Tobacco companies use youth-oriented, colorful and stylish packaging, and exploit adolescents' attraction to candy flavors with names such as"Mandarin Mint,""Winter Warm Toffee"and"Twists Chill", and WHEREAS, national studies have found that the vast majority of people who are using these flavored tobacco products are youth and young adults, and WHEREAS, candy flavored tobacco products are defined as loose tobacco, including snuff flour, plug and twist tobacco, fine cutes, chewing tobacco, snus, shisha tobacco, smoking or snuffing tobacco products, and all other kinds and forms of tobacco, including, but not limited to, cigarettes, cigars, smokeless tobacco products and blunt wraps, prepared in such a manner with the purpose for chewing, inhaling, smoking or ingesting in any manner in which the products or any of its component parts (including the tobacco, filter, or paper) contain, as a constituent (including a smoke constituent) or additive, an artificial flavor (other than tobacco or menthol) or an herb or spice, including, but not limited to, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, coffee, or alcohol flavors, that is a characterizing flavor of the tobacco product or tobacco smoke. NOW THEREFORE, be it resolved by the City Commission of the City of Atlantic Beach as follows: SECTION 1. The City Commission of the City of Atlantic Beach, Florida, urges all local retailers who sell tobacco products to cease the sale and marketing of all candy flavored tobacco products, which are defined as loose tobacco, including snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, including, but not limited to, cigarettes, cigars, smokeless tobacco products and blunt wraps, prepared in such a manner with the purpose for chewing, inhaling, smoking or ingesting in any manner which have been flavored through the addition of natural or artificial flavorings, herbs, spices or other means with flavors characterizing fruit, candy, alcohol or other similar flavorings with the exception that menthol will not be included in this definition. SECTION 2. This Resolution shall take effect immediately upon its final passage and adoption. PASSED by the City Commission this /' "'day of January,2013. ATTEST: 4,,,,,,,t.„. 5.6514;ete 1 " w - Donna L. Bartle,City Clerk Louis"Mike"Borno,Jr.,Mayor App •d as to form and correctness: Ati`...4f/A . ensen, Esquire Attorney