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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 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. Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 7 of 9