9.2. SR 11-20-2017 - Laserfiche WebLink

Home Browse Search

EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 9.2 Agenda Section Meeting Date Prepared by Work Session November 20, 2017 Tina Allard, City Clerk Item Description Reviewed by Distance Requirements: Tobacco Product Shops Cal Portner, City Administrator Reviewed by Action Requested Discussion. Background/Discussion At the last Council meeting, a request was made to change the distance requirements for tobacco product shops located near schools/park property. The current distance required by city code is 500 feet. The request was for a reduction to 200 feet. In July of 2017, the Council established a moratorium on the licensing of any new tobacco product shops in order to address drug paraphernalia,proximity to schools, and more stringent measures for second hand smoke in these shops due to the undefined sampling laws, especially as it related to multi-tenant facilities. In 2008, the ordinance was amended to add the 500 feet distance requirement. Elk Diver Smokes for Less on Freeport Avenue was in existence prior to 2008 so they were grandfathered from having to meet this new distance requirement. The League of Minnesota Cities model ordinance suggests a distance of 1,000 feet from all youth- oriented facilities for all tobacco licensees (includes tobacco product shops and retailers with incidental sales, such as a convenience gas station). A youth-oriented facility is defined as any facility with residents, customers,visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products consumed or used primarily by persons under the age of 21. Cities have gotten stricter in regards to tobacco regulations in the last few years. But with that being said, staff took a quick poll of 10 cities and none of them had language in ordinance regarding distance requirements for schools/parks. Notification Requirements Per state law, the city must give 30 days'written notice to licensees if the city intends to change the ordinance. If Council decides to move forward with an ordinance amendment, this item would come back to Council after the 30 day notice. The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1