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Commissioner Balch responded, and Commissioner Brown agreed that it's still feasible to implement a TRL program with the two-strike consequence. Chair Ritter stated he's amenable to what's being proposed, as long as the Commission's recommendation includes provisions for a TRL program when it goes to the City Council. Commissioner Balch concurred that was the intent. Commissioner Brown echoed that all the components being discussed would be included with the TRL program. He commented to Commissioner Balch's stance that he is amenable to tobacco stores also being subject to a TRL program. In response to Commissioner Balch, Ms. Seto confirmed that the regulations for the 1,000-foot buffer would not allow for a new tobacco store to occupy a retail space. She continued by stating the proposal is that the tobacco stores would be allowed to continue to operate but they would be treated as a legal, non-conforming use; they couldn't expand, they couldn't relocate, and now no new tobacco retailers or tobacco stores could establish in those areas. Commissioner Brown stated that based upon the recent discussion, there was enough information to move forward with a motion. Commissioner Brown moved to recommend approval of Case P19-0389 and adopt the Youth Commission recommendation to restrict tobacco sales within 1,000 feet of public schools, public parks and public recreation facilities with clarifications to require all tobacco retailers and tobacco stores city-wide to obtain a tobacco retailers license (TRL); allow existing tobacco stores within the 1,000-foot buffer to remain in operation as legal non-conforming uses; and either (1) Grandfather existing tobacco retail sites only if such sites can go dark (no visible tobacco products) and be subject to TRL enforcement; or (2) If existing tobacco retail sites cannot go dark and be subject to enforcement, then prohibit all tobacco sales within the 1,000-foot buffer, but provide 12 — 18 months for prohibition to go into effect; and in all instances adopt enforcement provisions for TRL, with failure to comply with sales or Go Dark provisions resulting in revocation of "grandfathering" rights and TRL. Commissioner Allen seconded the motion. ROLL CALL VOTE: AYES: Commissioners Allen, Balch, Brown, O'Connor and Ritter NOES: None ABSENT: None Resolution PC-2020-02 approving Case P19-0389 was adopted, with alternate recommendations, as motioned. MATTERS FOR COMMISSION'S REVIEW/ACTION/INFORMATION 5. Reports from Meetings Attended (e.g., Committee, Task Force, etc.) There were no reports from meetings attended. Planning Commission Minutes Page 10 of 11 January 15, 2020 in tobacco or tobacco-related products, and that the legal age permitted to enter a tobacco store is 18 years old, or the individual must be accompanied by an adult, or with another individual over the age of 18 years old. Commissioner Brown stated that the difference to him was that a "go dark" provision made sense for tobacco retailers where underage individuals are still being exposed to tobacco products, tobacco advertising, and the like. He noted it could be difficult to "go dark" in a store that sells 100 percent tobacco products. Planning Commission Minutes Page 9 of 11 January 15, 2020