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Strikethroughs to be removed <br />Underlines to be added <br /> <br /> <br /> <br /> <br /> <br /> <br />Ordinance No. 16-______ <br /> <br /> AN EMERGENCY INTERIM ORDINANCE TEMPORARILY ESTABLISHING A <br />LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS <br />SHOPS <br /> <br />WHEREAS, Chapter 26, Health and Sanitation, of the Elk River City Code regulates the sale of <br />cigarete and tobacco products within the city through the issuance of a tobacco license; <br /> <br />WHEREAS, the City of Elk River has adopted official controls through the adoption of the <br />Zoning Code, Chapter 30, Land Development Regulations, of the Elk River City Code which <br />regulates the locations of certain businesses within the city; <br /> <br />WHEREAS, a statute adopted by the State Legislature authorizes the lighting of tobacco products <br />in tobacco products shops by customers for the purpose of sampling the tobacco product; <br /> <br />WHEREAS, the statue permits local governments to enact more stringent measures to protect <br />individuals from secondhand smoke, including restricting the sampling of tobacco products; <br /> <br />WHEREAS, the City Council has concerns about allowing the sampling of tobacco products in <br />tobacco products shops and its effect on the public health, safety and welfare; <br /> <br />WHEREAS, the City Council also has concerns that the city’s current licensing and zoning <br />provisions relating to tobacco products shops do not adequately address the issues relating to <br />tobacco products shops and tobacco sampling, such as the appropriate locations and the conditions <br />under which tobacco products shops may be allowed within the city; <br /> <br />WHEREAS, as a result of these important licensing, land use and zoning issues, the city desires to <br />conduct studies for the purpose of consideration of possible amendments to the city’s licensing <br />provisions and official controls to address issues concerning tobacco products shops and tobacco <br />products sampling; <br /> <br />WHEREAS, the City Council has authority, pursuant to Minnesota Statues Section 462.355, <br />subdivision 4, to adopt an emergency interim ordinance to study whether new or amended controls <br />are necessary to fulfill the city’s legal obligation to adequately protect the public health, safety and <br />welfare and to protect the planning process; and <br /> <br /> <br /> <br /> <br />NOW, THEREFORE BE IT RESOLVED: <br /> <br />