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In response to Commissioner Ritter, Ms. Seto confirmed that similar restrictions were recently adopted for schools. Commissioner Brown asked which other neighboring cities had licensing. Ms. Seto referenced the Agenda Report listing other nearby cities with licensing. Commissioner Allen disclosed her discussions with staff from the City of Livermore and explained grandfathered retailers would lose their license if caught selling illegally to minors. She discussed American Lung Association data listing cities in California with buffers. She continued, commenting on the critical need to protect the youth and the epidemic surrounding tobacco use. She referenced other cities with ordinances in place to protect youth. She indicated her support for not grandfathering retailers; but if grandfathering was considered, that a longer (one year) lead time for retailers to expend existing inventory and bring in alternate products to make up for revenue loss might be appropriate. Also, with respect to grandfathering, she stated it should include "going dark" in retail locations, and in conjunction with a strong tobacco licensing program, with stiff fines and loss of grandfathering rights if the retailer had violations. For her, grandfathering should only be considered if it included both of these components. Commissioner Balch inquired about Commissioner Allen's thought on regulations for tobacco shops versus tobacco retailers Commissioner Allen responded that she struggled with that distinction but could support grandfathering existing tobacco stores because of the distinction that these types of businesses have an age requirement for individuals entering the premises. She was not in support of allowing any new tobacco stores. Commissioner Balch asked, and Ms. Seto confirmed that the age limit to enter a tobacco shop was 18- years old, or the individual must be accompanied by an adult. 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 to grandfather them. In addition, it would then invite those individuals from surrounding cities to purchase tobacco products from locations within the City. 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 Balch inquired about Commissioner O'Connor's previous comment regarding the limited number of tobacco retailers who would be affected if exempted, stating if there are 18-22 tobacco retailers within the 1,000-foot buffer who are affected, it equates to half of the tobacco retailers within the City. Commissioner O'Connor agreed that it is a larger number than he had just noted. However, he stated he doesn't feel that allowing existing retailers to continue to operate will result in change because it won't stop the sale of tobacco products, it will just prevent tobacco sales from being more widespread. He continued by stating that tobacco sales need to be eliminated in order to Planning Commission Minutes Page 7 of 11 January 15, 2020