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made basis, as well as random checks. Police Department staff would be involved in undercover sting operations for random compliance checks. Citations would be issued for violations (see proposed Section 9.32.190.B.1.), with prosecution by the Community Development Department. Permit Fee. An initial permit fee of$550 is proposed, with an annual renewal fee of $450. (See Section 9.32.110.) This is based on staff time to: outreach and verify initial application (45 minutes), educate new permit holders about specific Pleasanton tobacco restrictions (1.5 hours), and conduct random compliance inspection(s) (4 hours). For renewals, verification (30 minutes) and education (45 minutes) requirements diminish but are not eliminated, and random compliance inspections continue (4 hours). The fee is based on the average hourly rate for a current Police Department Community Service Officer at $73; a Senior Code Enforcement Officer at $101; and Senior Business License Accounting Assistant at $69. In comparison, the City of Livermore charges $1,005 annually and the City of Dublin charges $298 annually. Tobacco retailers have advised that they pay a separate state licensing fee as well. Based on information from the California Department of Tax and Fee Administration, plus City Business licenses and sales tax reports, there are approximately 42 tobacco retailers in Pleasanton, which equals $23,100 in initial application fees, and $18,900 in renewal fees. Fees can be modified by Council if staff advises that more or less staff resources are needed for the permit program as implementation proceeds. Counseling Referral for Persons Under Aqe 21 in Possession of Tobacco Products. The recommendation of the Youth Commission and Economic Vitality Committee was to update this section to raise the age of underage possession to 21, provide that tobacco products may be confiscated from underage persons who possess them in public places, and that such underage persons with two or more violations in a 12 month period may be referred to counseling at the discretion of the chief of police. The recommended amendment was specific that underage persons should not be subject to criminal action nor monetary fines under the Pleasanton Municipal Code (though the county district attorney can still bring criminal charges under Cal. Penal Code §3088 if an underage person distributes tobacco products). On May 5th, Council requested that staff return with more information about the proposed counseling referral. The Police Department spoke with providers and advises that counseling options include: (1) coordination with the Pleasanton Unified School District for school-age youth; and (2) referral to counseling with Horizons Family Counseling for tobacco (not alcohol or drug) cessation if under 18 and enrolled in school 8 In 2014, Cal. Penal Code §308 provided, in relevant part, that persons under 18 years who purchase, receive, or possess tobacco products or paraphernalia "...shall, upon conviction, be punished by a fine of seventy-five dollars ($75) or 30 hours of community service work." In 2017, the criminalization of underage purchase, receipt or possession was removed (but distribution by an underage person to another underage person remains a §308 violation). 6