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Proposed Regulations The proposed modification to §9.32.040, now renumbered as §9.32.080, would prohibit possession of tobacco products by persons under 21. The consequences would be: (a) confiscation of tobacco product; (b) no monetary fine; (c) no criminal prosecution; and (d) for youth with multiple violations, the Police Chief could require participation in the Police Department's existing diversion program or an anti-addiction program.14 (See Attachment 1.) This local prohibition does not conflict with state law. Since the proposal does not impose fines nor result in criminal prosecution, the amendment addresses concerns raised by some members of the public that youth are victims of tobacco advertising and that fines and criminal action should be focused persons who sell to underage youth. Committee and Commission Recommendations The Youth Commission, Economic Vitality Committee and Human Services Commission all supported this prohibition on underage possession, as do tobacco retailers and store owners.15 Regulations in Other Tri-Valley Cities Pleasanton is unique among Tri-Valley and Alameda County jurisdictions in imposing a separate local restriction on underage possession of tobacco products. Alternatives No alternatives to the proposed regulation are proposed; the modification would align existing local regulations to the State's current age limit for possession, and would clarify the consequences of violation of the local ordinance. Effective Dates of New Regulations. The following key "effective dates" would apply, as follows: • The proposed ordinance would provide tobacco retailers with 12 months to stop the sale of flavored tobacco products, electronic smoking devices and related paraphernalia. This delayed effective date allows retailers time to sell existing inventories, change business models, and modify shelf displays. • The restrictions on the sale of tobacco products near public schools, parks and recreation facilities is proposed to go into effect the regular 30 days after adoption, as it only applies to new tobacco retailers and stores. Existing tobacco retailers and stores are allowed to continue as legal non-conforming uses ("grandfathered") subject to tobacco retailer licensing. "Cal. Penal Code§308 still imposes monetary fines and criminal prosecution for sales and distribution to underage persons. While the proposed amendment to §9.32.080 acknowledges those Penal Code provisions; the proposed amendment only addresses underage possession. 15 The Planning Commission was not asked to make a recommendation on underage possession.