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Exhibit A, Attachment 1 <br /> CHAPTER 18.109 RETAILERS OF TOBACCO PRODUCTS AND PARAPHERNALIA <br /> 18.109.010 Purpose and intent. <br /> It is the purpose and intent of this chapter to reduce the exposure of youth to tobacco <br /> products and tobacco paraphernalia in advertisement and product placement at retail <br /> establishments near public schools, public parks and public recreation facilities. These are <br /> places where youth congregate, as well as travel to and from frequently. By eliminating <br /> tobacco retail sales along frequent youth travel routes, this decreases youth exposure to and <br /> availability of tobacco products. The intent is to reduce youth smoking and use of tobacco <br /> products. <br /> 18.109.020 Definitions. <br /> For purposes of this chapter, certain words and terms are defined as follows: <br /> A. "Public park" means a site or parcel of land owned by a public agency and open to the <br /> public for active or passive recreation activity (e.g. neighborhood or community city parks, <br /> East Bay Regional Park District park). This definition excludes public trails. <br /> B. "Public recreation facility" means a site or parcel of land owned by a public agency and <br /> improved with a building or other facility, open to the public for active or passive recreation <br /> activity (e.g. city senior center, city aquatic center). <br /> C. "Public school" means a site or parcel of land owned by a public school district where <br /> instruction is provided, and includes the buildings and related recreation fields. <br /> D. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders <br /> of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and <br /> any other item designed primarily for the smoking or ingestion of tobacco products. <br /> E. "Tobacco product" means any of the following: <br /> 1. A product containing, made, or derived from tobacco or nicotine that is intended for <br /> human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, <br /> snorted, sniffed, or ingested by any other means, including, but not limited to, <br /> cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. <br /> 2. An electronic device that delivers nicotine or other vaporized liquids to the person <br /> inhaling from the device, including, but not limited to, an electronic cigarette, cigar, <br /> pipe, or hookah. <br /> 3. Any component, part. or accessory of a tobacco product, whether or not sold <br /> separately. <br /> 4. Exception. "Tobacco product" does not include a product that has been approved <br /> by the United States Food and Drug Administration for sale as a tobacco cessation <br /> product or for other therapeutic purposes where the product is marketed and sold <br /> solely for such an approved purpose. <br /> 1 <br />unity and a strong community support system. <br /> • Policy 21 : Promote a healthy community through the provision of health and <br /> mental health facilities and services, and healthy community design. <br />ended and provided input at various meetings. <br /> Project No. P19-0389, Citywide Planning Commission <br /> 6 of 7 <br />ssion of tobacco products, <br /> Project No. P19-0389, Citywide Planning Commission <br /> 5 of 7 <br />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 />