02 - Laserfiche WebLink

other cities in Alameda County have a similar buffer, but it does not apply to private schools or tutoring facilities or other types of private businesses. Assistant City Attorney Seto stated that the Planning Commission clarified its recommendation, wanting either the 'grandfathering' to be more strict, asking that it only occur along with the requirement that tobacco stores and retailers not display their tobacco products; or if not then prohibit all tobacco sales within the 1,000 foot buffer and provide 12-18 months before enforcement. Assistant City Attorney Seto noted that Staff's recommendation is to adopt the 1,000-foot buffer for new tobacco sales and grandfather existing businesses like all other cities which adopted buffers. An alternative recommendation is to adopt Planning Commission's recommendation to prohibit all tobacco sales within that buffer. This was also the Youth Commission's recommendation. Assistant City Attorney Seto stated that the fourth item discussed from the ordinance is delegation to the City Manager to establish a Tobacco Retailer Licensing (TRL) program. In February, Council indicated they wanted a program with `teeth' which included fines, suspension, and TRL revocation. Assistant City Attorney Seto stated the final item proposes updating the code to provide that possession of tobacco products by persons under 21 would be subject to confiscation and referral to counseling. This would not impose any criminal penalties or fines for possession. Assistant City Attorney Seto advised that if the ordinance is introduced tonight and adopted at the May 19, 2020 Council meeting, it would become legally effective on June 20, thirty days after adoption. Staff recommends that the provisions regarding the 1,000-foot buffer, TRL, and possession by persons under 21 go into effect immediately. Staff further recommends that the prohibition on the sale of flavored tobacco and electronic smoking devices be delayed for 12 months to give retailers the opportunity to sell their current inventory and update their business model. Assistant City Attorney Seto presented alternative effective dates for prohibition on the sale of flavored tobacco and electronic smoking devices as follows: • November 6, 2020 6 months after introduction • December 21, 2020 6 months after effective date • January 1, 2021 beginning of the new year • May 6, 2021 12 months after introduction • June 21, 2021 12 months after effective date (recommended) • Unknown 6-12 months after lifting of shelter-in-place for retail stores In response to Mayor Thorne, Assistant City Attorney Seto replied that she has seen a 6-month implementation delay in Dublin and unincorporated areas of Alameda County. She also confirmed that Council is still considering minimum package sizes and pricing, use of coupons, and the effective date. In response to Councilmember Narum, Assistant City Attorney Seto confirmed that staff recommends that Council adopt an ordinance to delegate authority to the City Manager to adopt an administrative policy that would require every tobacco retailer to be licensed and to adhere to the prohibitions and penalties put in place with the new ordinance. City Council Minutes Page 3 of 8 May 5. 2020