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ORDINANCE NO.11- 02 CITY OF ELK RIVER • AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 26-44 OF THE CITY OF ELK RIVER CODE OF ORDINANCES REGARDING TOBACCO PRODUCTS SHOPS The City Council of the City of Elk River does hereby ordain as follows: Section 1. That Section 26-40(c) of the Elk River City Code of Ordinances shall be amended such that sub-sections (2) (3) and (4) shall read as follows: (2) The proposed location is in a zoning district where the business is not allowed pursuant to Chapter 30 of this Code. This restriction shall not apply to tobacco product shops which were in conformance with Chapter 30 on July 21, 2008. (3) The proposed location is located within 500 feet of a school or park property. (i) The distance limitations shall be measured from property line to property line at the nearest point or from property line to the nearest point of the leased premises if the tobacco products shop is located in a multi-tenant facility. • (ii) This restriction shall not apply to tobacco product shops which were properly licensed pursuant to Chapter 26 of this Code and in conformance with Chapter 30 of this Code on July 21, 2008. (4) The proposed location is in a multi-tenant facility and does not have its own separate ventilation system, unless the licensee agrees, and the License provides, that there shall be no smoking allowed in the tobacco products shop. Violation of this condition in a license shall be grounds for revocation of the license. Section 2. That this Ordinance shall take effect upon adoption as provided by law. Passed and adopted by the City Council of the City of Elk River this 4th day of April, 2011. 1 J D` tz Mayor ATTEST: L_.-- • Tina Allard City Clerk