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2. There shall be no fine or criminal prosecution for any violation of the possession prohibition in subsection A. 3. Persons who have violated subsection A two (2) or more times in the prior twelve (12) month period may be referred by the Police Department to a counseling program or tobacco cessation program in the reasonable discretion of the Chief of Police. [Subsection B is unchanged.] Alternative. If Council is not comfortable with the counseling referral option proposed, Subsection 9.32.210.A.3., above, can be deleted. Effective Date. Staff recommends that businesses which sell tobacco products and tobacco paraphernalia be required to apply for a tobacco retailer permit by January 1, 2021. This coincides with the date that the City's local prohibitions on the sale of flavored tobacco and electronic smoking devices, as well as minimum package sizes and pricing, are proposed to go into effect. Staff will have time to develop an application, locate and notify tobacco retailers, process applications, and provide education. Requiring a permit by January 1, 2021, and making the permit valid from January 1 to December 31 (see proposed Section 9.32.100), will also streamline permit renewals to align with the business license process and reduce the administrative burden of tracking different expiration and renewal dates for business licenses and tobacco retailer permits. The amendment related to confiscation and counseling referral for underage persons in possession of tobacco products is recommended to go into effect immediately. Other Tobacco Restrictions. Before the Council's May 19th meeting, it received a letter challenging the proposed treatment of tobacco stores (those businesses where more than 60% of annual revenue is from the sale of tobacco products and tobacco paraphernalia; and entry is age restricted). Therefore, information is provided regarding: how other communities have addressed existing tobacco stores and retailers located within proximity to youth- oriented uses; maps showing 1,000 and 500 foot distance from public schools, parks and recreational facilities. In addition, at the May 5th meeting, Council asked for information about the City of Livermore's consideration of exemption from ban on flavored tobacco for flavored pipe tobacco and premium flavored cigars. Existing tobacco stores and retailers. At the May 5th meeting, Council introduced an ordinance that: (a) prohibited new tobacco retailers and tobacco stores within 1,000 feet of public schools, parks and recreation facilities; (b) allowed existing tobacco retailers and tobacco stores to remain and continue to sell tobacco products and tobacco paraphernalia ("grandfathering"), but provided that a change in ownership would terminate that grandfathering right. The ordinance language provides: 8