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flavored tobacco products, although he stated he was in favor of not having those within the City. He recognized that there are some honorable business members who would get wrapped up in the matter, who had never made an illegal sale and the local licensing mechanism would allow those businesspeople to maintain their businesses through grandfathered action; stated grandfathering could be 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 stated he did not feel buffering would make an impact and indicated support for forwarding the Youth Commission recommendation to the City Council. Commissioner Brown stated a 1000-foot buffer would decrease availability and usage. He stated that there appeared to be two options, both with a 1 ,000-foot buffer: A) If grandfathering is not allowed, provide for phase-out of tobacco products in 12-18 months and B) If grandfathering is permitted, do so only with retailers "going dark" and a TRL program implemented, with strict enforcement along the lines of a two-strikes rule. Those were the two options the Planning Commission could take action on in order to make an impact; and although he respected Chair Ritter, those were the two proposals he would make. Commissioner Allen indicated support for Commissioner Brown's statement and was prepared to vote. Commissioner Balch confirmed that businesses subject to any change or prohibition were the approximately 50 percent of retailers and shops within the 1,000-foot buffer areas. He questioned why citywide was not considered for a retail license, going dark and two strikes. Ms. Seto explained why citywide licensing has not been initially recommended by staff, and the proposed prohibition on flavored tobacco and e-cigarettes and paraphernalia was in fact city- wide. The Commission summarized its discussion and opinions on Options A and B, "going dark", buffer distance, licensing and grandfathering. Ms. Seto confirmed hearing the Commission discuss a TRL program, "go dark" and the TRL program would have a two-strikes mechanism. Commissioner Balch stated another question was around the exception on tobacco stores, which, in response to a query from Commissioner Brown, he confirmed was referencing the businesses whose sales are at least 60 percent 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