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7 THE CITY OF ° CITY COUNCIL AGENDA REPORT PLEASANTON. May 5, 2020 Library and Recreation Community Development TITLE: CONSIDER INFORMATION ABOUT MINIMUM PACKAGE SIZES AND PRICES FOR TOBACCO PRODUCTS, AND INTRODUCE AN ORDINANCE BASED ON APPROVALS FROM FEBRUARY 18, 2020 TO: (1) PROHIBIT THE SALE OF FLAVORED TOBACCO CITY-WIDE; (2) PROHIBIT THE SALE OF ELECTRONIC SMOKING DEVICES AND RELATED PARAPHERNALIA CITY- WIDE; (3) PROHIBIT NEW TOBACCO SALES WITHIN 1,000 FEET OF PUBLIC SCHOOLS, PARKS AND RECREATION CENTERS; (4) DELEGATE IMPLEMENTATION OF TOBACCO RETAILER LICENSING (TRL); AND (5) ADDRESS POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER AGE 21, BY AMENDING MUNICIPAL CODE CHAPTER 9.32 AND TITLE 18 SUMMARY After extensive public comment and discussion at the Council's February 18, 2020 meeting, the Council took the following actions: 1) Requested staff provide information about minimum package sizes and pricing for tobacco products; and 2) Voted to introduce an ordinance to: 1. Prohibit the sale of flavored tobacco products city-wide, without exemptions; 2. Prohibit the sale of electronic smoking devices and related paraphernalia city- wide, without exemptions; 3. Prohibit new tobacco retailers and new tobacco stores within 1,000 feet of public schools, parks and recreation centers, with existing tobacco retail sites allowed to continue as legal non-conforming uses (i.e. "grandfathered"); 4. Delegate to City Manager establishment of a tobacco retailer licensing program (TRL) with significant penalties for violations; 5. Make possession of tobacco products by persons under 21 subject to confiscation and referral to counseling. As the Council's vote on February 18th differed from the staff recommendation, the proposed ordinance (Attachment 1) has been revised per Council's February 18th vote and is ready for re-introduction (first reading).