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retailers and tobacco stores may continue tobacco sales as legal non-conforming <br /> uses <br /> 4. Authorize staff to develop and implement a tobacco retailer licensing (TRL) <br /> program requiring all tobacco retailers and tobacco stores to obtain an annual <br /> permit; with retailers subject to fines and permit revocation for sales violations <br /> 5. Prohibit possession of tobacco products by persons under 21, subject to <br /> confiscation and diversion (but no criminal penalties or fines) <br /> FINANCIAL STATEMENT <br /> Existing staff in the Community Development Department, including the Code <br /> Enforcement Division, and the Police Department, are expected to be involved with <br /> compliance enforcement. As a tobacco retailer licensing program is developed, an <br /> annual permit fee may off-set some of the monitoring and enforcement costs. <br /> BACKGROUND <br /> Current Smoking and Tobacco Restrictions. The City of Pleasanton has the following <br /> restrictions on smoking and tobacco sales in the Pleasanton Municipal Code (PMC): <br /> • No smoking (including combustion cigarettes and electronic cigarettes) in multi- <br /> family rental apartments (see PMC Ch. 9.26) <br /> • No smoking in public parks or inside recreation facilities (see PMC §13.08.190) <br /> • No smoking in public or work places (see PMC Ch. 9.24) <br /> • No tobacco sales from vending machines, except at age-restricted sites (see <br /> PMC Ch. 9.32) <br /> • No free or give-away tobacco products (see PMC Ch. 9.32) <br /> • No possession of tobacco products by youth under 18 in public places or private <br /> property open to the public (see PMC §9.32.040) <br /> • Tobacco stores require a conditional use permit (CUP) before operating in <br /> specific commercial zoning districts (see PMC §18.44.080). A "tobacco store" is <br /> defined in Cal. Business and Professions Code §22962 as a retail business that: <br /> o Primarily sells tobacco products' <br /> o More than 60% of gross annual revenues are from the sale of tobacco <br /> products and tobacco paraphernalia2 <br /> o Does not permit persons under the age of 18 to enter without a parent or <br /> guardian <br /> o Does not sell alcoholic beverages or food for consumption on the <br /> premises. <br /> ' "Tobacco product" includes products containing tobacco or nicotine for smoking, heating, chewing, <br /> inhaling or ingesting; electronic devices to deliver nicotine or other vaporized liquids; and components or <br /> accessory parts (see Cal. Bus. and Prof. Code §22950). <br /> 2"Tobacco paraphernalia" includes cigarette papers or wrappers, blunts, pipes, and other instruments <br /> designed for smoking or ingestion of tobacco products (see Cal. Bus. and Prof. Code §22962). <br />