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07
City of Pleasanton
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2020
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07
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4/30/2020 4:54:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/5/2020
DESTRUCT DATE
15Y
DOCUMENT NO
07
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Commissioner Balch confirmed that businesses subject to any change or prohibition were the <br /> approximately 50 percent of retailers and shops within the 1,000-foot buffer areas. He <br /> questioned why citywide was not considered for a retail license, going dark and two strikes. <br /> Ms. Seto explained why citywide licensing has not been initially recommended by staff, and the <br /> proposed prohibition on flavored tobacco and e-cigarettes and paraphernalia was in fact city- <br /> wide. <br /> The Commission summarized its discussion and opinions on Options A and B, "going dark", <br /> buffer distance, licensing and grandfathering. <br /> Ms. Seto confirmed hearing the Commission discuss a TRL program, "go dark" and the TRL <br /> program would have a two-strikes mechanism. <br /> Commissioner Balch stated another question was around the exception on tobacco stores, <br /> which, in response to a query from Commissioner Brown, he confirmed was referencing the <br /> businesses whose sales are at least 60 percent in tobacco or tobacco-related products, and <br /> that the legal age permitted to enter a tobacco store is 18 years old, or the individual must be <br /> accompanied by an adult, or with another individual over the age of 18 years old. <br /> Commissioner Brown stated that the difference to him was that a "go dark" provision made <br /> sense for tobacco retailers where underage individuals are still being exposed to tobacco <br /> products, tobacco advertising, and the like. He noted it could be difficult to "go dark" in a store <br /> that sells 100 percent tobacco products. <br /> Commissioner Balch responded, and Commissioner Brown agreed that it's still feasible to <br /> implement a TRL program with the two-strike consequence. <br /> Chair Ritter stated he's amenable to what's being proposed, as long as the Commission's <br /> recommendation includes provisions for a TRL program when it goes to the City Council. <br /> Commissioner Balch concurred that was the intent. <br /> Commissioner Brown echoed that all the components being discussed would be included with <br /> the TRL program. He commented to Commissioner Balch's stance that he is amenable to <br /> tobacco stores also being subject to a TRL program. <br /> In response to Commissioner Balch, Ms. Seto confirmed that the regulations for the 1,000-foot <br /> buffer would not allow for a new tobacco store to occupy a retail space. She continued by <br /> stating the proposal is that the tobacco stores would be allowed to continue to operate but they <br /> would be treated as a legal, non-conforming use; they couldn't expand, they couldn't relocate, <br /> and now no new tobacco retailers or tobacco stores could establish in those areas. <br /> Commissioner Brown stated that based upon the recent discussion, there was enough <br /> information to move forward with a motion. <br /> Excerpt: Draft Planning Commission Minutes, January 15, 2020 Page 8 of 9 <br />
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