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