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Tracy Farhad, noted that it is National Travel and Tourism Week and remarked on the negative impacts that the COVID-19 pandemic has had on travel and tourism but anticipates that the Tri-Valley tourism industry will rebound. PUBLIC HEARINGS AND OTHER MATTERS 7. Public Hearing: Consider information about minimum package sizes and prices for tobacco products. and introduce an ordinance based on approvals from February 18, 2020 to: (1) prohibit the sale of flavored tobacco citywide; (2) prohibit the sale of electronic smoking devices and related paraphernalia citywide; (3) prohibit new tobacco sales within 1,000 feet of public schools, parks and recreation centers; (4) delegate implementation of tobacco retailer licensing (TRL); and (5) address possession of tobacco products by persons under age 21 by amending Municipal Code Chapter 9.32 and Title 18 Assistant City Attorney Larissa Seto stated that this item is returning to Council after being introduced at the meeting of February 18, 2020. At that meeting, Staff was asked to return with information about minimum package size and pricing for tobacco products as well as to revise the ordinance. Assistant City Attorney Seto stated that federal law requires cigarettes to be sold in minimum packs of 20 and that there are no other federal or state laws setting minimum package sizes or pricing for tobacco products. Although there are some cities in Alameda County that have minimum package sizes and pricing, none of those cities are in the Tri-Valley. Staff recommendation remains that Council should not adopt minimum package sizes or pricing. This is based partially on a study from UCSF whose findings indicate that underage students in communities with demographics similar to Pleasanton are using higher priced tobacco products as well as the fact that the ordinance prohibits sales of flavored tobacco and e- cigarettes, which are the products most favorable by underage users. Assistant City Attorney Seto stated that alternatively, Council may direct Staff to prepare an ordinance based on the similarity of cigarettes to little cigars and cigarillos and higher priced minimums like those in other cities in Alameda County. Assistant City Attorney Seto then stated that of the other parts of the ordinance, Council was most interested in prohibiting the sale of flavored tobacco city-wide with no exemptions. A speaker at the February 18th meeting requested that Council make an exemption of loose, flavored pipe tobacco and premium flavored cigars costing at least $7 per cigar because young people are not interested in these products. Assistant City Attorney Seto informed that the City of Livermore introduced similar exemptions in March 2020 but is currently reconsidering these exemptions. Assistant City Attorney Seto stated that the second item Council considered as part of this ordinance was the prohibition of electronic smoking devices and related paraphernalia, with no exceptions. These prohibitions are in place in the cities of Livermore and Dublin and in unincorporated Alameda County. Assistant City Attorney Seto commented that the third item discussed as part of this ordinance was not allowing new tobacco sales within 1,000 feet of public schools. parks, and recreation facilities but would `grandfather' existing retailers and tobacco stores without allowing them to expand or relocate. Some City Council Minutes Page 2 of 8 May 5, 2020