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Request for Action <br /> <br /> <br />To Item Number <br />Mayor and City Council 9.3 <br />Agenda Section Meeting Date Prepared by <br />Worksession October 17, 2016 Tina Allard, City Clerk <br />Item Description Reviewed by <br />Discuss Council Policy for Tobacco Licensing Cal Portner, City Administrator <br />Reviewed by <br /> <br /> <br />Action Requested <br />1. Discussion and staff direction regarding possible amendments to the tobacco licensing <br />ordinance for the following: <br /> Distance requirements of tobacco products shops from schools/parks <br /> Sampling in tobacco product shops <br /> <br />2. The Council may consider adoption, by motion, of an emergency interim ordinance temporarily <br />establishing a licensing and planning moratorium on tobacco product shops. <br /> <br />Background/Discussion <br />At the last Council meeting, a business owner requested a change to the tobacco licensing ordinance <br />regarding distance from parks. The city issues a total of 21 tobacco licenses; three of them are to tobacco <br />product shops. <br /> <br />Distance Requirements <br />Current ordinance doesn’t allow tobacco product shops to be located within 500 feet of schools and <br />parks. The Smokes for Less shop on Freeport Avenue doesn’t meet the 500 foot distance requirement for <br />schools; however, is grandfathered in because they were in their current location prior to the distance <br />requirements amendment to the original ordinance. <br /> <br />Smoking Lounges/Hookah Bars/Sampling <br />State law allows sampling in tobacco product shops (an exception in the MN Clean Indoor Air Act). The <br />law doesn’t define sampling and there have been interpretation issues with some shops turning into <br />smoking/vaping lounges or hookah bars. <br /> <br />Elk River only prohibits sampling in tobacco shops located in a multi-tenant facility where they are <br />required to have their own ventilation system. The attached Faribault article explains the matter and lists <br />how some cities have regulated tobacco. The city can be more restrictive than state law, for example, by: <br /> Changing the licensing ordinance to prohibit sampling in tobacco shops and eliminating indoor <br />lounges/hookah bars; <br /> Allow sampling but applying stricter zoning controls. Currently, tobacco shops are classified as <br />retail establishments. They could be pulled out of this classification and/or be allowed in certain <br />zoning districts. <br /> <br />