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3. Restrict the sale of tobacco products within 1,000 feet of public schools, public parks and public recreation facilities; 4. Require tobacco products to be sold in minimum package sizes and pricing; and 5. Prohibit the possession of tobacco products by persons under the age of 21. Of these proposals, the Planning Commission is asked to consider No. 3 - restrict tobacco product sales within 1,000 feet of public schools, public parks and public recreation facilities, as that involves an amendment to the Zoning Code.2 The recommended restrictions would be in addition to those already imposed by the State of California, which heavily regulates tobacco sales and advertising. Under State law, persons under the age of 21 may not legally purchase tobacco or e-cigarettes, tobacco retailers must be licensed, and penalties may be imposed for retailers who sell to underage customers. The State also has a long-standing settlement agreement with manufacturers that strictly limits types and locations of tobacco advertisements. Nonetheless, many communities throughout the state, have taken additional measures to further restrict access and exposure to tobacco sales and advertising, particularly by youth. DISCUSSION Summary of Youth Commission Recommendation/Proposed Zoning Code Amendments The Youth Commission's recommendation No. 3 would create a 1,000-foot buffer around public schools, public parks and public recreation facilities within which the sale of tobacco products (cigarettes, chewing tobacco, electronic cigarettes, wrappings, etc.3) would be restricted. The policy interest is to limit youth exposure to tobacco products and marketing, based on the fact that youth frequent schools, parks and recreation facilities, and patronize nearby stores. Retailers such as grocery stores, pharmacies, and convenience stores that sell tobacco products often have tobacco marketing (e.g., advertising, promotions, and product display) at the register and at the store. (See photo examples below). pp e sera 1..m. . 1 e;F'F €'SSS iea - • - MONSTER „ 1 mum, FNGR4Y ��i _ �IX MONSTER it AEN 10 1 t , 5=O' a r ,; .. ,,, ^ft -2 3 n al 111. Oz' s ,.-. Mgt r y Std [Area behind register of Walgreens on Valley @ Santa Rita. Circle K at 76 gas station on First @ Vineyard.] 'The zoning ordinance must be consistent with the General Plan (see Cal. Government Code §65860). Exempt from the sales prohibition would be products approved by the FDA for smoking cessation or other therapeutic purposes. Project No. P19-0389, Citywide Planning Commission 3 of 7 o; 2. Ban the sale of electronic smoking devices and related paraphernalia; ' City staff reviewed information from the Cal. Dept. of Tax and Fee Administration which lists 34 licensed cigarette and tobacco products retailers and 2 wholesalers and distributors in Pleasanton; as well as City of Pleasanton Business License information for 4 tobacco stores [where patrons generally need to be 18 or older to enter; and more than 60% of gross annual sales must be from tobacco and related products; see Cal. Business and Professions Code §22962(a)(4)]. Project No. P19-0389, Citywide Planning Commission 2 of 7 runing shall be conducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees. P19-0390 Planning Commission Page 10 of 11 tions to the public water mains. P19-0390 Planning Commission Page 7 of 11 will retain the cash deposit until all work is substantially complete, all areas are stabilized, and all hazards are mitigated to the satisfaction of the Director of Engineering/City Engineer. P19-0390 Planning Commission Page 6 of 11