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ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING MUNICIPAL CODE CHAPTER 9.32 AND TITLE 18 TO RESTRICT THE SALE OF FLAVORED TOBACCO PRODUCTS, ELECTRONIC SMOKING DEVICES AND RELATED PARAPHERNALIA CITY-WIDE; LIMIT NEW TOBACCO SALES WITHIN 1,000 FEET OF PUBLIC SCHOOLS, PARKS AND RECREATION FACILITIES; DELEGATE AUTHORITY TO THE CITY MANAGER TO ADMINISTRATIVELY ADOPT AND IMPLEMENT A TOBACCO RETAILER LICENSING PROGRAM; SUBJECT POSSESSION OF TOBACCO PRODUCTS BY PERSONS UNDER 21 TO CONFISCATION AND REFERRAL TO COUNSELING OR ANTI-ADDICTION PROGRAM WHEREAS, the California Department of Public Health (CDPH) Tobacco Control Program reports in Tobacco Facts and Figures 2018 that in California 63.6% of current cigarette smokers started by the age of 18, and that the overall tobacco use rate among California high school students is at 13.6%; and WHEREAS, the CDPH notes that nationally 70 to 80 percent of middle and high school tobacco users have used at least one flavored tobacco product in the past 30 days, and eight out of ten young adults 18 to 24 that currently use other tobacco products reported flavor usage; and WHEREAS, the CDPH further advises that youth who would otherwise not have smoked cigarettes or use other tobacco products are using electronic smoking devices, and such adolescent electronic smoking device users are also more likely to start smoking traditional cigarettes; and WHEREAS, the Alameda County Department of Public Health's Tobacco Control Program learned that for underage tobacco users in Alameda County: 81% who try tobacco first use a flavored product; 87.6% have used a flavored tobacco products; 30% have used e- cigarettes; 20% currently use e-cigarettes; 11% currently use e-cigarettes in school; 79% believe it is easy to obtain e-cigarettes; and 57% believe it is easy to obtain cigarettes; and WHEREAS, the CDPH reports in its Young Adult Tobacco Purchase Survey 2019 that underage decoys were able to purchase the following tobacco products from retail locations at this frequency: e-cigarettes and e-liquids = 16.9%; cigarettes = 17.5%; cigars, little cigars/cigarillos, or wraps = 33.3%; at these store types: pharmacies = 3.5%; supermarkets 8.9%; vape shops = 13.4%; gas stations = 14.5%; liquor stores = 15%; convenience stores = 15.5%; tobacco stores/smoke shops = 30.6%; and restaurant/cafe/donut shop = 43.2%; and WHEREAS, the Centers for Disease Control and Prevention (CDC) reports that scientific evidence shows that tobacco company advertising and promotion influences young people to start using tobacco, and that tobacco companies pay retailers for stocking, shelving, displaying and merchandising of particular tobacco brands and products; and 1