12 - Laserfiche WebLink

addresses concerns about tenant spaces in shopping complexes with large parking lots. Attachments 10 and 11 are maps showing the 1,000 foot buffer around public schools, parks and recreation facilities, with tobacco retailers and stores shown as red dots. In total 14-18 tobacco retailers, and 4 tobacco stores are currently located within the proposed buffer. Committee and Commission Recommendations The Youth Commission recommended a 1,000 foot buffer around public schools, parks and recreation facilities, but with a grandfathering provision for existing tobacco stores only. The Planning Commission recommended regulations similar to those recommended by staff, above. The EVC supported a restriction on sales at tobacco retailers within 1,000 feet of schools only, and with tobacco stores grandfathered. Regulations in Other Tri-Valley Cities Attachment 7 shows that Dublin and Livermore also impose buffers around certain youth gathering spaces, but with some differences on the type of uses around which the buffers would apply; and for Dublin, a smaller (500 foot) buffer from parks, libraries and recreation facilities (and some other uses), and 1,000 feet from schools. All the cities in Alameda County which have adopted such buffers have allowed pre-existing uses within those buffers to continue to sell tobacco products, which is the same approach in the proposed ordinance Alternatives As alternatives to the proposed restriction, the City Council could consider: A. Prohibiting tobacco sales for existing as well as new retailers (i.e. not grandfathering tobacco retailers.) B. Restricting sales around public schools only. 4. Authorize staff to developer Tobacco Retailer Licensing (TRL) program. The majority of Alameda County jurisdictions that impose restrictions on tobacco sales also operate a Tobacco Retailer License program, which requires any retailer of tobacco products to obtain a separate license. These licensing programs provide the jurisdiction with a better ability to track the locations where tobacco is being sold, and to enforce local regulations by imposing penalties or revoking a license if violations are found. Proposed Regulations To better ensure compliance with the prohibitions on the sale of flavored tobacco products and electronic smoking devices and related paraphernalia, as well as test for underage sales, or other violations, the proposed ordinance (Attachment 1, in new §9.32.090) directs the City Manager to administratively develop and enforce a tobacco retailer licensing (TRL) program.