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Alternative. A speaker at the Feb. 18th meeting suggested exemptions for (i) loose, flavored, pipe tobacco; and (ii) premium flavored cigars costing at least $7 for each cigar. The speaker stated that such items were not desired by youth, but that many long-standing adult customers wanted to be able to purchase such products. The City of Livermore, at its meeting of March 9, 2020, adopted such exemptions for "premium tobacco products," citing federal Food and Drug Administration data that such products are not often used by youth. Livermore exempted from its ban on flavored tobacco the sale of: (1) premium cigars; and (2) premium aromatic pipe tobacco; subject to the tobacco retailer obtaining a license tag for such premium tobacco products. If the Council desires to provide for such exemptions, it should direct staff to draft language to that effect to be added to §9.32.030. B. §9.32.050: Prohibition on the sale of electronic smoking devices and related paraphernalia applies city-wide on both tobacco retailers and tobacco stores. C. §9.32.020 and §18.109.020: Definition of tobacco retailer has been clarified to encompass any business which sells tobacco products on a retail basis (but does not qualify as a tobacco store). D. §9.32.110.C: Penalty for possession when under age 21 is clarified as confiscation and referral to counseling or anti-addiction program. The previous draft used the term "diversion", which has been eliminated to avoid confusion with Cal. Penal Code references to diversion from criminal prosecution (which is not a penalty for underage possession). E. §18.109.030: Clarification of the prohibition against new tobacco stores and new tobacco retailers from locating within 1,000 feet of public schools, public parks, and public recreation facilities. And, that tobacco retail sites existing at on the effective date of the ordinance can continue to sell tobacco products ("grandfathering"). Note: At the Planning Commission's meeting of February 12, 2020, it revised the minutes from its January 15, 2020 meeting regarding this 1,000-foot buffer. The Planning Commission clarified that its motion was to: (1) Grandfather existing tobacco retail sites only if such sites can go dark (no visible tobacco products) and be subject to compliance enforcement; or (2) If existing tobacco retail sites cannot go dark and be subject to enforcement, then prohibit all tobacco sales within the 1,000-foot buffer (effectively support the Youth Commission's recommendation), but providel2 — 18 months for prohibition to go into effect.