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Commissioner Allen suggested treating tobacco shops and retailers the same. Commissioner O'Connor opined that tobacco stores and tobacco retailers were essentially the same and should be treated as such. He stated such a small number of retailers would be affected therefore it would not make much of an impact. Commissioner Balch clarified that 5-6 retailers were within the school buffer and 18-22 retailers were within 1,000 feet of parks and recreational facilities. Commissioner O'Connor stated the sale of tobacco sales had to be limited to make an impact. He recommended implementing regulations on vaping similar to the surrounding cities. Ms. Clark explained that tobacco stores would require a Conditional Use Permit (CUP), which might be a mechanism to reduce such stores. Commissioner Balch suggested reviewing the sting operations to determine whether conditions of CUPs had been enforced. He suggested implementing tobacco retail licenses and a citywide ban on e-cigarettes and flavored tobacco. He stated grandfathering would not make the desired change; if grandfathering were permitted, "going dark", tobacco retail license, and two strike consequence must be implemented, and tobacco shops not excluded. Commissioner O'Connor suggested a one-year transition period if grandfathering was not permitted. Commissioner Balch discussed the location of parks throughout the City, therefore, impacting more retailers. Commissioner Allen asked Commissioner Balch if he would still encourage '`going dark" if licensing was not implemented. Commissioner Balch stated licensing was necessary otherwise there would be no enforcement. Commissioner Brown questioned enforcement with "going dark" without licensing. He stated a 500-foot buffer was not enough, particularly with the density in Pleasanton. He stated licensing was necessary and without licensing, the "go dark" option was not viable. He stated underage youth were somehow obtaining products but questioned whether tobacco in general should be restricted; grandfathering would prevent the issue from getting worse but would not allow it to improve. Commissioner Pace indicated broad support of the comments but suggested reviewing existing enforcement mechanisms. He stated there were other policy decisions around flavored tobacco, although he stated he was in favor of not having those within the City. He stated grandfathering was difficult to navigate and might not be fair to existing businesses but finding a mechanism of enforcement through licensing would allow the City to take action and involve the merchant/business owner. He indicated support for 1 ,000-foot buffer and restrictions on marketing and advertising. Chair Ritter agreed with fellow Commissioners and stated the issue was more than the buffer. He suggested the City Council establish a retail license ordinance and implement bans. He Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 6 of 7