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were presented between tobacco stores and tobacco retailers, with tobacco retailers being those which have tobacco sales incidental to other retail sales. The City has four tobacco stores and 37 tobacco retailers, although there are up to 49 places in town which could sell tobacco products. The first regulation relates to proposed flavored tobacco sales restrictions. The definitions of "flavored tobacco" and "tobacco products" were presented. The definitions will be incorporated into the City's proposed ordinance. The proposal is for tobacco retailers to be prohibited from selling flavored tobacco products city-wide. Tobacco stores may sell them, however, it restricts store entry to persons 18 or older. It would allow adults to retain access to legal products. The proposed e -cigarettes sales restriction will include the state definition of "electronic smoking device" and paraphernalia. The proposed regulation would prohibit tobacco retailers city-wide from selling electronic smoking devices and related paraphernalia. Tobacco stores may continue to sell electronic smoking devices and related paraphernalia with store entry limited to those 18 or older while allowing adults to retain access to legal products. The restriction on flavored tobacco and electronic smoking devices would go into effect in 12 months to give tobacco retailers time to change their business models. The third proposed restriction relates to restricting tobacco sales within a 1000 -foot buffer from public schools, parks, and recreation facilities to limit youth exposure to tobacco products at retail sites that youth frequently patronize. The 1000 -foot buffer is similar to buffers used by other cities in Alameda County. The restriction would intentionally apply the buffer to new uses adjacent to public schools, parks, and recreation facilities, with exemptions for existing tobacco stores and tobacco retailers. The grandfathered uses would become legal non -conforming uses. The fourth item is to authorize staff to develop a Tobacco Retailer Licensing (TRL) program, delegated to the City Manager, to better achieve compliance with restrictions, and impose penalties for violations. The fifth item is related to possession of tobacco products by persons under 21. Currently, the Municipal Code prohibits possession if under the age of 18. This would amend the code to prohibit possession if under 21, as the smoking age was raised to this age in 2016. The possession would be subject to confiscation and referrals to diversion or anti -addiction program for multiple violations. There would be no fines and no criminal penalties. Other restrictions not recommended were minimum pack sizes and pricing, "go dark" or limiting advertising in stores to not expose youth, however there were concerns regarding first amendment rights. Mayor Thorne requested clarification regarding hookah uses and staff noted it was a type of tobacco pipe. He further inquired about First Amendment rights, as related to covering alcohol products. Assistant City Attorney Seto noted that targeting certain products may make the City a subject of potential litigation.. Mayor Thorne was not sure it was really a First Amendment issue. Mayor Thorne inquired regarding the diversion programs which Police Chief Eicher noted is run by the Police Department. in partnership with the school district, and offered in lieu of prosecution for youth who have commited crimes.. Councilmember Testa inquired whether there was a charge for the diversion program, to which Police Chief Eicher replied there is no fee. Councilmember Pentin inquired how 18 — 24 year olds would be included in the diversion program. Councilmember Narum inquired as to how many infractions would be considered multiple infractions. In response to the Council inquiries, the Police Chief stated it would likely be habitual users who would be included in the program, however details still need to be worked out. Assistant City Attorney Seto acknowledged the Police Chief has discretion as to when the individual would be referred to the diversion program. City Council Minutes Page 8 of 14 February 18, 2020