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9.21.070 Appeal. A. Any applicant may appeal a determination of the compliance official regarding: 1. The granting or denial of an exemption pursuant to Section 9.21.060; 2. Compliance with the WMP pursuant to Section 9.21.050. B. The applicant must file a written appeal with the city manager within 10 business days of the compliance official's determination. The appeal shall state the grounds for the appeal. C. In deciding the appeal, the city manager may request additional information from the applicant, the compliance official, the franchise collector and third parties, including but not limited to, persons other than the franchise collector who collect recyclable materials. The city manager shall issue a written decision within 20 business days of receipt of the appeal, unless the applicant agrees to an extension of time. The city manager's decision shall be final. Chapter 9.32 Restrictions on Accessibility to Cigarettes and other Tobacco Products 9.32.010 Legislative findings and declarations. The city council hereby finds and determines that the adoption of this chapter is necessary to the promotion of the public health, safety and welfare. Each of the reasons set forth below provides a separate and independent basis for the council's adoption of this chapter. A. Substantial scientific evidence supports the causal relationship between using tobacco products and the deadly diseases such as lung cancer, chronic bronchitis, heart disease,emphysema and other types of cancer. The Surgeon General of the United States has determined that smoking is the leading cause of preventable death in this country. B. An estimated annual 31,000 deaths in the state of California and 434,175 deaths nationwide are caused by cigarette smoking. The estimated annual economic burden to the state of California resulting from smoke-related health care costs and lost productivity is over$7,100,000,000.00. C. Ninety percent of cigarette smoking initiation occurs between the ages of nine through 18 years, and many children are particularly attracted to e-cigarettes. D. Minors currently have ready access to cigarettes and other tobacco products as a result of noncompliance with existing laws that prohibit the sale of such tobacco products to minors, and the widespread availability of cigarette vending machines,the free distribution of tobacco products in public places, and seeing other minors with e-cigarettes in public parks or other youth gathering areas. E. The free distribution of cigarettes and other tobacco products encourages people to begin smoking and using tobacco products and thereby become addicted to the habit, discourages people from quitting smoking,and tempts those who had quit smoking to begin smoking again. Encouraging smoking and discouraging those who are currently smoking from overcoming the habit endangers the public health by leading more people into habits that cause illness and death. F. Free distribution of cigarettes and other tobacco product promotes unsightly litter, thereby increasing the costs to the public in cleaning the streets; and also causes pedestrian traffic congestion. G. The compelling purpose and intent of this chapter includes: 1. To prevent young people from using nicotine until they are mature and capable of making an informed and rational decision; 2. To reduce significantly the ability of young people from illegally obtaining tobacco products by banning cigarette vending machines and prohibiting the free distribution of tobacco products in public places; 3. To reduce the ability of young people to possess e-cigarettes in public parks or other public places where youth gather,as that may influence other youth to try such tobacco products; and 4. To promote generally the health and welfare of all people in the community against the health hazards and harmful effects of using addictive tobacco products. 9.32.020 Definitions. 9