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achieve the desired change and 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) in all zones, 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 throughout the City and a citywide ban on e-cigarettes and flavored tobacco sales. He further stated he is disheartened that the City hasn't been at the forefront of this topic to date. Additionally, he stated grandfathering would not make the desired change, as it would prevent the situation from getting worse but wouldn't make it better; if grandfathering were permitted, then "going dark", tobacco retail license, and a two-strike consequence must be implemented as a requirement, 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. He referenced the business owner who provided public comment and had represented that he was trying to do the right thing; the license is the mechanism for enforcement. Commissioner Allen agreed but asked Commissioner Balch for his recommendation regarding grandfathering existing businesses if City Council decided not to support a TRL program. Commissioner Balch explained that the only option for him, if there is grandfathering and no TRL program, would be to require the retailer to "go dark." Commissioner Allen stated then there would be no enforcement if there's no TRL program. Commissioner Brown questioned enforcement with "going dark" without licensing, and without it that going dark was not viable. 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 he was conscious of the fact that people had businesses with livelihoods they were supporting, and there were adults choosing to use tobacco; but underage youth were somehow obtaining products. He cited statistics indicating that many youth were affected, but questioned whether tobacco in general should be restricted. He concurred with Commissioner Balch that grandfathering would prevent the issue from getting worse but would not allow it to improve. He stated he did not want to wait for the attrition of those businesses and he was considering the option to grandfather existing locations with the option to "go dark" but that without a TRL program, he did not know if he could vote for grandfathering and going dark. Commissioner Pace indicated broad support of the comments but suggested reviewing existing enforcement mechanisms. He stated there were other policy decisions around Planning Commission Minutes Page 8 of 11 January 15, 2020 Page 7 of 11 January 15, 2020