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ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING MUNICIPAL CODE CHAPTER 9.32 TO ADD TOBACCO RETAILER PERMITTING REQUIREMENTS, AND ADDRESS COUNSELING REFERRALS FOR PERSONS UNDER THE AGE OF 21 IN POSSESSION OF TOBACCO PRODUCTS WHEREAS, the California Department of Public Health (CDPH) Tobacco Control Program 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, communities which have adopted tobacco retailer permitting or licensing requirements have data that demonstrates that tobacco retailers subject to such permitting better comply with requirements to sell only to persons 21 and older and with local tobacco restrictions; and WHEREAS, the City of Pleasanton has recently introduced local prohibitions on the sale of flavored tobacco, electronic smoking devices and related paraphernalia, as well as minimum package size and pricing, and wants a robust permitting program to ensure compliance with these local restrictions; and WHEREAS, the City of Pleasanton also wants to provide persons under the age of 21 who are found in possession of tobacco products to have age-appropriate counseling options to address addiction concerns; and WHEREAS, enforcement of tobacco restrictions and supporting youth with addiction concerns supports the public health, safety and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Finds that the amendment to the Municipal Code has no possibility to have a significant effect on the environment per Title 14 California Code of Regulations §15061(b)(3) as a tobacco retailer licensing program simply enforces existing tobacco regulations. Section 2. Finds that these amendments to the Municipal Code conform with the following provisions of the General Plan's Public Facilities and Community Programs Element regarding Human Services: • Goal 9: Promote a healthy community ....