Studies have shown that stores visited by youth have more tobacco advertising, and such
<br /> exposure increases youth susceptibility to begin smoking.
<br /> The Youth Commission was advised that other communities in Alameda County have also
<br /> adopted buffers around youth-oriented or family sites where tobacco product sales are
<br /> restricted, as follows:
<br /> • Alameda: 300-foot buffer around public and private schools; minimum 500 feet from
<br /> another tobacco retailer.
<br /> • Berkeley: no new tobacco retailer stores within 600 feet of any school.
<br /> • Hayward: no new tobacco retailers within 500 feet of public or private schools.
<br /> • Livermore: 1 ,000-foot buffer around public and private schools, libraries, parks, and
<br /> daycares.
<br /> • Oakland: 1,000-foot buffer around residential areas, schools, parks, libraries, recreation
<br /> centers and daycares.
<br /> • Union City: 1,000-foot buffer around parks, libraries, recreation centers, religious and
<br /> youth sites.
<br /> The Youth Commission is recommending the 1 ,000-foot buffer around public schools, public
<br /> parks and public recreation facilities. This recommendation intentionally does not include
<br /> private schools, private tutoring facilities, private day care, etc., as those private businesses
<br /> frequently change locations. The definition of public parks excludes trails, as trails cross so
<br /> many areas of the community that a 1 ,000-foot buffer around trails could eliminate many more
<br /> retail sites. The distance would be measured from the parcel line of the public school, public
<br /> park or public recreation facility to the exterior wall of the building where the retailer is located.
<br /> This parcel line to exterior wall measurement is intended to reflect that many retailers are a
<br /> single tenant in a multi-tenant shopping center with large parking areas, and the focus is on the
<br /> retailer location.
<br /> The Youth Commission recommends adding a new Chapter 18.109 Retailers of Tobacco
<br /> Products and Paraphernalia to the municipal code. This code would differentiate between:
<br /> (a) A tobacco retailer, defined as a business that sells or displays tobacco products, but
<br /> only as a small part of other merchandise sales or services offered. This would include,
<br /> for example, a gas station with a mini-market that sells snacks, drinks and cigarettes; a
<br /> donut shop that also sells chewing tobacco; a grocery store that also sells cigars and
<br /> e-cigarettes; and a 7-11 type convenience store.
<br /> (b) A tobacco store, defined as a retail business where more than 60% of revenue is from
<br /> tobacco products and only persons age 18 or older may enter.
<br /> Under the proposal, no new tobacco retailers or tobacco stores can be established within
<br /> 1,000 feet of public schools, public parks, and public recreation facilities. Existing tobacco
<br /> retailers would need to stop selling tobacco products by a certain date (proposed to be
<br /> July 1, 2020 by the Youth Commission at their November 2019 meeting). Under the proposed
<br /> regulations, however, existing tobacco stores (i.e. those selling tobacco/tobacco products as
<br /> its predominant merchandise) could continue to operate, even if within the 1,000-foot buffer.
<br /> The rationale is that tobacco stores do not allow youth entry, so concerns about youth
<br /> exposure are diminished; and the exemption would avoid putting these tobacco stores out of
<br /> business. Nonetheless, any existing tobacco stores within the 1,000-foot buffer would be
<br /> Project No. P19-0389, Citywide Planning Commission
<br /> 4 of 7
<br />nducted by a certified arborist familiar with the International
<br /> Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established
<br /> by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.
<br /> P19-0390 Planning Commission
<br /> Page 10 of 11
<br />tions to the public water mains.
<br /> P19-0390 Planning Commission
<br /> Page 7 of 11
<br /> will retain the cash
<br /> deposit until all work is substantially complete, all areas are stabilized, and all hazards are
<br /> mitigated to the satisfaction of the Director of Engineering/City Engineer.
<br /> P19-0390 Planning Commission
<br /> Page 6 of 11
<br /> |