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Like the proposed prohibition on the sale of flavored tobacco products, this proposed prohibition on electronic smoking devices and electronic smoking device paraphernalia would go into effect on July 1, 2020; would not apply to wholesalers or distributors; and would exempt products authorized by the FDA for disease treatment. 3. Prohibit Tobacco Sales within 1,000 feet of public schools, public parks and public recreation facilities. The California Department of Public Health states that in 2008 about 90% of retail tobacco stores had cigarette advertising material near the register, and studies show that exposure to cigarette advertising increases the likelihood that youth will start to smoke. The Youth Commission is concerned that youth who are walking, bicycling and traveling from public schools, pubic parks and public recreation facilities often stop by local retailers and are exposed to such tobacco advertising. The Youth Commission has recommended that to reduce youth exposure to tobacco products and advertising, a proposed law should generally prohibit stores located within 1,000 feet of public schools, public parks and public recreation facilities from selling and displaying tobacco products. In the area, Contra Costa County prohibits tobacco retailers within 1,000 feet of schools, parks, playgrounds and libraries; as well as within 500 feet of another tobacco retailer. Livermore and Richmond have a similar 1,000 foot buffer. EI Cerrito has a 500 foot buffer.3 Attachment 3 adds Chapter 18.109 and amends Municipal Code §§9.24.020 and 18.44.080 to create this prohibition. Maps of public schools, public parks and public recreation facilities, the proposed 1,000 foot buffer, and tobacco retailer locations', are provided as Attachments 4 and 5. If the 1,000 foot buffer around public schools is adopted, about 4 to 6 of the 40 tobacco retailers would be effected. If the 1,000 foot buffer around public parks and public recreation facilities is adopted, about 18-22 tobacco retailers would be effected.5 For stores where tobacco sales represent more than 60% of total annual sales,6 it is proposed that such retailers be allowed to remain at their current locations and be permitted to continue to sell tobacco products. This is because these are tobacco shops where elimination of the sale of tobacco products would effectively end their business. ' This is information obtained during research for tobacco restrictions overall. No formal survey of local cities has been undertaken to determine how many have a 1,000 foot distance prohibition on tobacco sales from youth -oriented sites. ' The tobacco retailers locations are based on data from the California Department of Tax and Fee Administration license database, city business licenses, and staff knowledge. More precise measurements would be needed to determine if some tobacco retailers are effected, as the proposed prohibition is measured from the lot line of public schools, public parks or public recreation facilities to the building where tobacco retailing occurs (intentionally not lot line to lot line in order to avoid including shopping center parking lots). "This 60% threshold is based on California Business & Professions Code §22962 definition of a tobacco store. Under that state law, such stores may not allow any person under the age of 18 to be present or enter unless accompanied by that person's parent or legal guardian. Page 4 of 7