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The rationale for the tobacco store exemption is based on the fact that tobacco stores must restrict access to persons 18 and older, therefore youth exposure is significantly curtailed.' The proposed definition of tobacco products subject to the flavor prohibition would echo the Cal. Business and Professions code to include combustible tobacco, chewing tobacco, as well as e-cigarette products. The definition of"flavored tobacco" would include mint, menthol, fruit, spice, candy, alcoholic beverage or other characterizing flavor8. Note that the proposed restriction would be broader than the federal rules, as it would also include a prohibition on menthol cigarettes and e-cigarette products. Committee and Commission Recommendations Staff met with tobacco retailers and store owners and operators on November 20th and their concerns about restrictions on tobacco products, including flavored tobacco, were summarized for the Economic Vitality Committee's November 21st meeting. (Attachment 8.) While the EVC did not support a ban on flavored tobacco, the Youth Commission recommended a Citywide prohibition. The Planning and Human Services Commission did not make a recommendation on this item. (See Attachment 6). Regulations in Other Tri-Valley Cities In the Tri-Valley, the cities of Dublin and Livermore have adopted citywide prohibitions on the sale of flavored tobacco, including within tobacco retailers and tobacco stores.9 Alternatives As an alternative to the proposed restriction, the City Council could consider also banning flavored tobacco sales in tobacco stores, as well as in tobacco retailers. 2. Restrictions on Sale of E-Cigarettes and Paraphernalia. As noted above, new federal rules prohibit flavored e-cigarette cartridge products, except tobacco and menthol. The federal and state minimum age of 21 applies to the purchase of electronic smoking devices such as e-cigarettes, vape pens, e-hookahs, e-cigars, personal vaporizers and electronic pipes. Proposed Regulations To limit the availability and exposure of youth to electronic smoking devices, the proposed ordinance (Attachment 1) would amend the Municipal Code to: • Prohibit tobacco retailers citywide from selling electronic smoking devices and related paraphernalia; but 'While some tobacco store owners have advised that they restrict entry to persons 21 and older, that is their business model and not required by federal or state law (which has the minimum age of 18). 8 The definition is similar to that used in the City of Livermore and City of Dublin, as well as the model ordinance from ChangeLab Solutions. 9 And in San Leandro and Hayward, those cities exempt menthol from the prohibition on the sale of flavored tobacco.