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Proposed to be exempt from the minimum pack size requirements are: (a) premium cigars with a minimum cost of $10.00 per cigar; (b) hand -rolled cigars; or (c) cigars which are sold at retail establishments where only persons age 21 or older are allowed. These exemptions address providing choices to adults age 21 or older, while retaining price sensitivity to discourage underage smoking. This proposed prohibition would go into effect on July 1, 2020, and would not apply to wholesalers or distributors. 5. Prohibit Possession of Tobacco, E -Cigarettes and related products by Persons Under the Age of 21. In 2015, the Municipal Code was amended to prohibit persons under the age of 18 from possessing tobacco products, including e -cigarettes, in public places and private places open to the public (like the parking lot at a shopping center). The code allows underage persons to have such items confiscated. In 2016, California raised the smoking age to 21. The proposed amendment would similarly raise the age for possession of tobacco products and tobacco paraphernalia to 21. (See Attachment 6, §9.32.040.) This specific code amendment is proposed to go into effect without delay. ACTION The EVC can consider making recommendations to the City Council for amendments to the Pleasanton Municipal Code to: 1. Prohibit the sale of flavored tobacco products — including menthol a. Potentially exempt stores serving persons 21 years or older 2. Prohibit the sale of e -cigarettes, other electronic smoking devices and paraphernalia 3. Prohibit tobacco sales within 1,000 feet of public schools, public parks and public recreation facilities a. Or, just within 1,000 feet of public schools b. Or, just within 1,000 feet of public parks and public recreation facilities 4. Mandate minimum pack sizes for some cigars and cigarettes 5. Prohibit possession of tobacco products or smoking devices by persons under 21 Submitted by: Larissa Seto Assistant City Attorney Page 6 of 7 Nicole Thomas Recreation Supervisor