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It is expected that such a TRL program will involve tobacco retailers and tobacco stores needing to obtain an annual TRL permit. A fee at an amount for cost recovery would need to be brought back to the City Council for addition to the Master Fee Schedule. Penalties for violations could include monetary fines13, suspension of TRL / ability to sell tobacco products, and even revocation of a TRL. A hearing and appeal process is also envisioned. Committee and Commission Recommendations Staff did not bring forward a proposed TRL for discussion by the various Commissions or the EVC. However, a TRL program was suggested and advocated by the Planning Commission in light of its recommendation that existing tobacco retailers and stores within 1,000 feet of public schools, parks and recreation facilities be able to continue to sell tobacco products, to allow the City to monitor and bring enforcement against noncompliant tobacco retailers and stores. Regulations in Other Tri-Valley Cities As noted, many Alameda County jurisdictions operate TRL programs, including in Dublin and Livermore. These programs utilize staff from Business License, Community Development, Code Enforcement, City Manager's Office, and the Police Department to issue TRL permits and undertake compliance checks and enforcement. Alternatives As an alternative to the proposed approach outlined above, the City Council could consider not directing the City Manager to develop a TRL program. 5. Prohibit Possession by Persons Under 21. Current Municipal Code §9.32.040 prohibits possession of tobacco products by persons under the age of 18 in public places (e.g. public sidewalks, public parks) and on private property open to the public (e.g. shopping center parking lot). The current code was adopted in 2015 when the smoking age in California was 18. At that same time, Cal. Penal Code §308 imposed a $75 fine or 30 hours of community service for underage purchase, receipt or possession of tobacco products. When the smoking age in California was raised to 21 in 2016, the City did not similarly update the age for prohibition on possession. Cal. Penal Code §308 was subsequently amended to: (a) remove the monetary fine and community service for underage possession; (b) impose higher monetary penalties and criminal misdemeanor charges for selling or distributing tobacco to persons under 21. Nevertheless, Cal. Penal Code §308 specifically allows cities and counties to adopt local laws not in conflict with state law. '' The proposed ordinance references delegation by the City Council of authority to the City Manager to impose fines allowed by Cal. Government Code§§36901 and 38773.7, which can include fines up to $1,000, as well as treble damages for repeat violations.