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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. Commissioner Balch responded, and Commissioner Brown agreed that it's still feasible to implement a TRL program with the two-strike consequence. Chair Ritter stated he's amenable to what's being proposed, as long as the Commission's recommendation includes provisions for a TRL program when it goes to the City Council. Commissioner Balch concurred that was the intent. Commissioner Brown echoed that all the components being discussed would be included with the TRL program. He commented to Commissioner Balch's stance that he is amenable to tobacco stores also being subject to a TRL program. In response to Commissioner Balch, Ms. Seto confirmed that the regulations for the 1,000-foot buffer would not allow for a new tobacco store to occupy a retail space. She continued by stating the proposal is that the tobacco stores would be allowed to continue to operate but they would be treated as a legal, non-conforming use; they couldn't expand, they couldn't relocate, and now no new tobacco retailers or tobacco stores could establish in those areas. Commissioner Brown stated that based upon the recent discussion, there was enough information to move forward with a motion. Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 8 of 9