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P19-0389, Restrictions on the sale of tobacco products and smoking devices within 1,000 feet of public schools, public parks and public recreation facilities Consider Youth Commission referral to add a new Chapter 18.109 Retailers of Tobacco Products and Paraphernalia, and to amend Sections 9.24.020, 18.40.030, 18.44.080, 18.48.130 and 18.48.140 of the Municipal Code, to restrict tobacco sales within 1,000 feet of public schools, public parks and public recreation facilities to reduce underage exposure to tobacco products; and make findings of General Plan consistency. Assistant City Attorney Larissa Seto presented the specifics of the item in the Agenda Report. Representative for the Youth Commission Tejas Prakash gave a brief presentation regarding underage youth and smoking. Representative for the Youth Commission Christina Costanzo continued the presentation regarding underage smoking, impressionable advertising, research on the matter and Youth Commission meetings. Ms. Seto continued the staff presentation. Chair Ritter inquired about the Commission's decision and confirmed that the Commission was focused on the buffer, but other comments could be heard. Commissioner Pace inquired about the 500- and 1,000-foot radius. Ms. Seto responded that she had not found justification for other cities establishing a 500- or 1000-foot buffer. She discussed the 600-foot buffer for alcohol licensing. Commissioner Brown referenced the percentages in the survey and inquired how youth were obtaining tobacco related products. Ms. Seto referenced page 2 of the agenda report and the percentages of how youth obtained tobacco products. Commissioner Brown asked and confirmed the dilemma was that the products were coming from a physical retailer. He asked if neighboring cities were not exempting retailers. Ms. Seto responded that the Cities of both Livermore and Dublin were exempting existing retailers and she was still researching other cities. Commissioner Brown inquired about the vote at the City of Dublin City Council meeting pertaining to exemptions and referenced the impact of neighboring cities. Ms. Seto stated the City of Dublin City Council had voted affirmatively on the citywide ban on flavored tobacco and citywide ban on electronic smoking paraphernalia and that the buffer was a preexisting restriction. She also referenced Alameda County restrictions. Commissioner Brown referenced "going dark" and inquired if that was discussed at the Youth Commission meeting. Ms. Seto stated "going dark" was first raised by retailers at the Economic Vitality Committee meeting. Commissioner Brown inquired about the meeting with Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 1 of 9