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Councilmember Narum asked for a more precise definition of `distribution' as mentioned in the proposed ordinance. Assistant City Attorney Seto clarified distribution as selling, giving away or otherwise furnishing to underage persons, in which case the offender would be subject to the California Penal Code. In response to Councilmember Narum, Assistant City Attorney Seto replied that tobacco vending machines are still legal in tobacco stores where it is age-restricted to enter; the City does not have the ability to ban vending machines. In reply to Councilmember Pentin, Chief Eicher clarified that because of the limited number of violators, counseling is done on an individual rather than a group basis. Councilmember Pentin asked how the City would enforce the proposed requirement that some tobacco retailers 'go dark'. In response, Assistant City Attorney Seto suggested that this requirement may create problems with the First Amendment as it would be targeting a legal product. In response to Councilmember Pentin, Assistant City Attorney Seto replied that the City's current tobacco retailers have been noticed concerning this subject and giving them 6 months delay in addition, they have sufficient time to sell their current inventory before the prohibitions go into effect. Councilmember Testa inquired about the grandfathering language in the proposed ordinance. In reply Assistant City Attorney Seto stated that the proposed ordinance indicates that if a business currently selling tobacco is sold, the new business may continue to sell tobacco. In reply to Councilmember Testa, Assistant City Attorney Seto stated that the $1,000 fine would be imposed on the business owner, not the clerk. In response to Councilmember Testa, Assistant City Attorney Seto explained that the City's position on underage offenders is in alignment with the State law because the State does not punish or regulate possession. Councilmember Brown expressed concern about whether the policies of the proposed ordinance would affect the relationship between minors and the Police Department. She questioned whether potential counseling would make the minors feel like criminals. Chief Eicher explained that the School District has a program in place to deal with this issue and most of the contact between the students and Police Department concerning tobacco takes place in a school setting, and therefore would be dealt with by counseling in the school. Councilmember Brown questioned how the age-appropriate counseling would happen and how long the counseling would last. Chief Eicher commented that these are details that still have to be worked out. Councilmember Brown expressed concern as to why Council is delegating policy making to the City Manager as Council is tasked with developing City policy. Assistant City Attorney Seto replied that Council has delegated authority to the City Manager in the past and staff feels like it is the appropriate action for this issue. City Council Minutes Page 4 of 8 May 5. 2020