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the store parking lot. The: Police Department wanted a tool to be able to confiscate the <br />items. <br />In 2016, California raised the smoking age to 21,. The proposed amendment would <br />similarly raise the age for possession of tobacco products and tobacco paraphernalia to . <br />21. (See Attachment 7, §9.32.040.) <br />This specific code amendment is- proposed to go into effect immediately upon City <br />Council approval. <br />Several speakers who. addressed the Youth Commission. on November 13th expressed <br />concerns about criminalization of tobacco possession by underage persons, 'and how <br />that, in their opinion, such rules often targeted younger minority persons. These <br />speakers believed that enforcement should be focused on retailers who sell to .underage <br />persons, not the young people themselves. <br />In response to these concerns: (a) this prohibition on possession of tobacco products by <br />underage persons -is not subject to criminal enforcement;. but rather administrative <br />citation and fine ($100 for first offence), subject to appeal; and (b) the Police <br />Department was concerned with persons legally buying products and then giving them <br />to underage friends. The Police Department already undertakes a program of <br />attempted .purchases by underage persons which focuses on retailer compliance. <br />Tobacco retailers support -this regulation. <br />As noted above, tobacco retailers had other concerns about the Youth Commission's. <br />proposedtobacco regulations. Retailers general concerns and. process -comments are <br />provided as Attachment 1. <br />The commission is asked to consider the Youth Commission's recommendation to the <br />City Council for amendments to the Pleasanton Municipal Code to: <br />1.. Prohibit the sale of flavored tobacco products — including menthol <br />a. Potentially exempt stores serving persons 21 years or older <br />2. Prohibit the sale of e -cigarettes, other electronic smoking devices and <br />paraphernalia <br />3. Prohibit tobacco sales within 1,000 feet of public schools, public parks. and public - <br />recreation facilities <br />a. Or, just within 1,000 feet of public schools <br />b.: Or, just within 1,000 feet of public parks and public recreation. facilities <br />4. Mandate minimum pack sizes and/or minimum pricing _for.some cigars and <br />cigarettes <br />5. Prohibit: possession of tobacco products or smoking devices by persons under 21 <br />Additionally, the human Services Commission may provide its own recommendations, - <br />propose amendments, ask for additional .information, or take other action. <br />Page 8 of 9 <br />