12 - Laserfiche WebLink

• The proposed ordinance authorizing the City Manager to administratively develop a tobacco retailer licensing program would go into effect the regular 30 days after adoption. The subsequent drafting and implementation of such a program would occur in a timely manner. • The proposed ordinance prohibiting possession of tobacco products by persons under 21 would go into effect the regular 30 days after adoption. Restrictions not recommended. During meetings with the commissions and committee, other restrictions were discussed but are not being recommended for consideration, as follows: • Minimum pack sizes and pricing: The Youth Commission heard from speakers that young people are experimenting with many types of tobacco products and are very price sensitive. The Youth Commission were shown low-price flavored tobacco products and urged to recommend minimum pack sizes and pricing — and also prohibit discounts or coupons. Staff initially proposed some pack size minimums, which were challenged by retailers as not reflecting manufacturers actual packaging quantities. Staff subsequently learned of a UCSF study of Marin County and West Contra Costa County (WCCC) high school tobacco usage, where higher income Marin County high schoolers were using Juul and other expensive products, while the lower-income WCCC students were using the low price small quantity flavored items.16 It would be expected that a similar pattern would exist for a higher-income community like Pleasanton. Therefore, minimum pack sizes and pricing are not recommended as: they are not as likely to be the preferred products; monitoring difficulty; and the proposed ordinance would adopt other sales restrictions that should be more effective. • "Go dark" and not have tobacco products visible at retail sites: A tobacco retailer suggested that his site could "go dark" by placing tobacco products inside opaque cabinets so that no tobacco products are visible. He stated this is required in Canada and the United Kingdom. Tobacco-focused advertising / product display restrictions are not being recommended because they implicate the First Amendment and raise concerns about content-based speech restrictions. • Limit tobacco advertising: Like the "go dark" discussion, above, First Amendment free speech concerns are raised if the city adopted tobacco-specific advertising rules. PUBLIC COMMENT Attachment 12 is a collection of correspondence, petitions and material submitted by members of the public, including Pleasanton students, tobacco retailers and store owners and operators, health professionals, and organization representatives to the 'v See https://www.cdc.qov/mmwr/volumes/68/wr/mm6840a4.htm?s cid=mm6840a4 w