CCMIN06162020 - Laserfiche WebLink

Assistant City Attorney Seto reported that in addition to having the tobacco products confiscated, those incurring 2 or more violations in 12 months would receive a counseling referral. She reported counseling providers would include Pleasanton Unified School District, Horizons Family Counseling, and Axis Community Health. She noted Council has the option to not include referral to counseling in the ordinance. Assistant City Attorney Seto discussed policy direction on tobacco sales restrictions for existing retail sites. She noted City Council recently introduced an ordinance prohibiting new tobacco sales with 1000 feet of public schools, parks, and recreation facilities, also known as a buffer. She asked for Council direction concerning a grace period when the grandfathering terminates. She noted the courts have allowed one-year for legal non-conforming uses to be allowed to continue and then terminate after one- year. She noted staff is recommending two-years based on the type of tenant improvements needed for many tobacco stores. Assistant City Attorney Seto reported staff recommends Council not consider exemptions for flavored tobacco but could direct staff to work with the local retailers to get their recommendations to define the exemptions for flavored pipe tobacco or premium flavored cigars. In response to Councilmember Brown's inquiry, Assistant City Attorney Seto reported the application fee of$550 was determined by calculating the time needed to research the business license, provide Code Enforcement education and, provide site monitoring. She noted a cost of living increase has not been included in the fee. She noted the Police Department would provide sting operations while Code Enforcement would inspect businesses and respond to complaints. In response to Councilmember Brown's inquiry, City Manager Fialho reported the City intends to complete annual compliance inspections but given the interest in the issue, it could be three to four times per year to ensure compliance. In response to Councilmember Brown's inquiry, Assistant City Attorney Seto explained the permit is specific to the retailer and specific to the location. She noted if a retailer goes out of business and a new retailer wants to move in, they would not be issued a permit if they are within the 1,000-foot buffer. She also reported retailers could move to a location that is outside of the 1,000-foot buffer but would need to go through the Planning and Zoning process. In response to Councilmember Brown's inquiry, Assistant City Attorney Seto confirmed premium tobacco products and pipe tobacco products are not being decided but all other flavored tobacco will be eliminated from sale in Pleasanton. She noted high-end tobacco products and loose flavored tobacco will be brought back to City Council for consideration. In response to Vice Mayor Narum, Assistant City Attorney Seto clarified prosecutorial discretion can be exercised by the Community Development Director, the Hearing Officer, or the City Manager. In response to Councilmember Testa's inquiries, Assistant City Attorney Seto clarified the following: the business owner would have to pay the fine although the clerk could be fined a separate fine under state law; grandfathering is terminated when the business is sold but staff is awaiting direction from the Council regarding legal, non-conforming use and if it should be allowed to continue for one-year or two-years; counseling programs exist at the School District and Horizons Family Counseling for school-age children enrolled in school and would be voluntary since there is no fine or penalty. In response to Councilmember Pentin's inquiries, Assistant City Attorney Seto clarified that the Police Chief would have the discretion to refer minors to counseling but there is no provision to ensure they attend or complete counseling although the minor's parents or legal guardians would be informed of the referral; the City can revisit any codified policies in the future. City Council Minutes Page 7 of 14 June 16,2020