The City Council finds that substantial scientific evidence exists that the use of tobacco-related products causes cancer, heart disease and various other medical disorders. Tobacco use continues to be an urgent public health threat, as evidenced by the fact that 480,000 people die prematurely in the United States from smoking-related diseases every year, making tobacco use the leading cause of preventable death. Tobacco use can cause disease in nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32 percent of coronary heart disease deaths. The World Health Organization estimates that tobacco accounts for the greatest cause of death worldwide accounting for more than 8 million deaths per year. It is the further finding of the City Council that the legislative scheme of prohibiting sales of tobacco-related products to persons under the age of 18 has proven ineffective in preventing such persons from using tobacco-related products. The City Council recognizes that the sale of commercial tobacco-related products to persons under the age of 21 violates both state and federal law. The City Council has concluded that youth and young adults have ready access to self-service merchandising, including vending machines, which sell tobacco-related products and that the prohibition of the sale or dispensing of tobacco-related products through vending machines and the regulation of sales through self-service merchandising will thereby promote the health, safety and welfare of the residents of the city, particularly those residents under 21 years of age.
The City Council also finds that marketing and public health research shows how flavors such as fruit, candy and sweet tasting products hold an intense appeal to minors. In addition, research shows that youth and young adults have higher rates of menthol tobacco use, and that initiation with menthol cigarettes is related to greater nicotine dependence.
The City Council finds that the location and density of commercial tobacco-related product retailers influences tobacco-related product use among residents living in those communities. Research shows that youth who live or attend school in neighborhoods with the highest density of tobacco outlets or retail tobacco advertising have higher smoking rates compared to youth who live or attend school in neighborhoods with fewer or no tobacco outlets. The City Council recognizes, as expressed in Resolution 2021-6, that there are significant and substantial racial disparities in the overall health of Bloomington residents. Compounding existing health disparities, tobacco retailers are often concentrated in communities at higher risk for adverse health outcomes. Further, the City Council finds that tobacco manufacturer spending on advertising, marketing and price is directed at youth and young adults. The majority of smokers start young, youth get tobacco from older peers, and exposure to nicotine is particularly dangerous to the adolescent brain. Therefore, the purpose of this ordinance is to reduce the appeal to youth and young adults and reduce the likelihood that youth and young adults will become users of tobacco-related products later in life, thereby promoting health, safety and welfare.