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Commissioner Allen inquired about "going dark" and the issue surrounding advertising and the presence of the product. She questioned enforcement and whether tobacco should be licensed by the City. Ms. Seto responded that tobacco retailer licensing (TRL) was an option in many of the cities within Alameda County. She summarized the internal discussions and determined there was not capacity to license and monitor those uses. She discussed stings by the Police Department and the Code Enforcement process for "going dark." Commissioner Allen inquired about the level of change that could be expected if the City grandfathered existing retailers. She asked how long the existing, affected businesses had been in business as a tobacco retailer. She requested historical data surrounding current tobacco retailers. Ms. Seto responded that gathering historical data would be a timely project for staff but that could be undertaken. Ms. Clark referenced the types of businesses currently selling tobacco-related products and indicated that change could be slow. Chair Ritter inquired about enforcement, fines issued and whether there was a three-strikes law. Ms. Seto stated offenders were reported to the State, which might jeopardize their license. Commissioner Balch inquired about the City of Pleasanton Police Department's enforcement when conducting a sting operation and the rate of passage. Ms. Seto referenced a recent sting in August 2019 and indicated that four of the 20+ businesses were not compliant. Chair Ritter inquired about theft and use of fake identification. He thanked the Youth Commission for its involvement. THE PUBLIC HEARING WAS OPENED Resident of Livermore Kyoko Takayama addressed the Commission regarding the epidemic of vaping and the impact on her six grandchildren. She referenced the moral issue behind the sale of tobacco, regardless of whether it was legal. Tobacco Control Program Director of Alameda County Public Health Official Paul Cummings explained that clerks would be fined if there was no retail licensing. He stated an ordinance would provide the City with the ability to set appropriate penalties. He discussed the exemption in the City of Oakland for adult only retailers. He thanked the Planning Commission for its consideration and the Youth Commission for its input. Representative from Breathe California Audrey Abadilla shared studies and evidence pertaining to buffers and health risks with tobacco sales and use. Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 3 of 9