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12 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2020
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021820
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12 ATTACHMENTS
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2/13/2020 2:27:54 PM
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2/13/2020 2:20:43 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/18/2020
DESTRUCT DATE
15Y
NOTES
TOBACCO ORDINANCE
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Shareef Mandavi commented that in Pleasanton the main concern is the use of e-cigarettes <br /> /vaping. He added the context of this issue relative to the location of the potential affected <br /> businesses is important in that Pleasanton values `family' and as such the Pleasanton <br /> business community should also prioritize and represent this rather than solely what is good <br /> for the economy. <br /> Trustee Jamie Yee added if there is too strict of a ban, it will push underage tobacco use to an <br /> illegal market. She added storefronts are not the sole location where underage youth acquire <br /> tobacco products, so penalizing businesses will not solve underage tobacco use. Instead, <br /> there are alternative options to decreasing youth tobacco use including schools increasing <br /> tobacco education. Ms. Yee proposed the sale of e-cigarettes be limited to "tobacco stores" <br /> only, and not allowed in general tobacco retailers, and indicated she does not support a <br /> prohibition of possession under 21, as it would be almost impossible to enforce. <br /> Christina Nystrom Mantha voiced concerns regarding a lapse in tobacco education at <br /> Pleasanton schools. <br /> Councilmember Julie Testa asked for clarification as to why prohibition of possession under 21 <br /> is not enforceable, sharing her perspective there should not be a criminalization of youth, but <br /> there should be an opportunity to remove it from the underage youth's possession without <br /> resulting in criminal charges. Assistant City Attorney Larissa Seto clarified the police <br /> department asked for the current tobacco prohibition (under the age of 18) so when they <br /> encounter youth in possession of tobacco products they are able to confiscate it; this results in <br /> a citation, not a criminal charge. Trustee Jamie Yee is concerned with how this would be <br /> enforceable and gave the example of parents holding social get togethers for underage youth, <br /> and the challenges in enforcing a social hosting ordinance. Christina Nystrom Mantha added <br /> that difficulty in enforcing, doesn't mean we shouldn't have a prohibition. <br /> Michael Li commented the Pleasanton community is more than 80,000, with the average <br /> resident around 40 years old and having children, so that health is more important to this <br /> community than the profits of the businesses and more education should be provided to help <br /> prevent tobacco use and addition. <br /> Steve Baker commented while he doesn't want youth to use e-cigarettes, this topic could be <br /> weighed as a personal choice versus potential government overreach, and it is hard to <br /> determine what position should be taken. He referenced other industry benchmarks to look at <br /> as examples, including existing regulations on alcohol and cigarettes: Do the new restrictions <br /> make sense, and are they overly restrictive or not restrictive enough? Context is important and <br /> if there is a current framework in place for restrictions imposed for youth but permitted for <br /> adults this topic could fall into the same portfolio; there should be consistency and City Council <br /> should consider this when making its decision. <br /> Christina Nystrom Mantha reminded the EVC members while the negative health effects are a <br /> top concern, as the EVC's role includes considering the livelihood of businesses when making <br /> recommendations. <br />
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