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REQUEST FOR ACTION <br />To <br />Item Number <br />City Council <br />6.1. <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Administration <br />July 21, 2008 <br />Tina Allard, City Clerk <br />Item Description <br />Reviewed by <br />Ordinance Repealing all of Chapter 26, Article II and Adopting <br />Lori jo son, City Administrator <br />Reviewed by <br />New Section Regarding Tobacco, Public Hearing <br />■ Resolution Approving Summary Publication of the <br />Ordinance <br />Action Requested <br />Two Council motions: <br />1. Adopt an ordinance repealing our current tobacco ordinance and adopting a new tobacco <br />ordinance. <br />2. Adopt a resolution which allows for summary publication of the ordinance. A four -fifth vote is <br />required. <br />Background/Discussion <br />At the April 14, 2008 worksession, Council reviewed this proposed ordinance. The city attorney has <br />reviewed this ordinance. Per state law, licensees must be given 30 days notice of the city's intent to <br />change the ordinance and all licensees were mailed a notice along with a copy of the proposed ordinance. <br />Changes were made to the ordinance in order to address ventilation issues in a multi -tenant facility and <br />distance requirements to schools and parks for tobacco products shops, grounds for denial or revocation <br />of a license, application requirements, and transfer of ownership of a licensed establishment. <br />Council mentioned the following concerns at the worksession meeting: <br />■ The 90 percent threshold for the definition of a tobacco products shop is too high and should be set at <br />50 percent or more. State law needs to be reviewed to see if this definition can be changed. <br />■ Concern about having a separate room for sampling. People are going to the shop specifically for <br />tobacco and this would be too much government interference. There was also concern about the shops <br />becoming a smoking lounge. <br />■ Concern about having a separate ventilation system. There was concern about tobacco shops located in <br />multi -tenant buildings and how the ventilation would affect the neighbors. <br />■ Change the language regarding transfers. <br />■ Inclusion of a penalty clause. <br />The city attorney recommended leaving the definition of a tobacco products shop at the 90 percent <br />threshold. It is the same definition that is in the Freedom to Breath Act and the self-service requirements <br />under state law requires a shop to meet this threshold. <br />S:\Administration\Council RCA\Licensing\Tobacco\2008\Ordinance Repeal.doc <br />