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<br /> <br /> STAFF REPORT <br /> <br /> <br /> <br />TO: Mayor Fischer and Members of the City Council <br /> <br />FROM: Heidi Heller, City Clerk/HR Manager <br /> <br />DATE: September 27, 2023 <br /> <br />RE: Discuss Amending City Code Chapter 802, Tobacco <br /> <br />ACTION TO BE CONSIDERED <br />The City Council is asked to consider amending City Code Chapter 802, Tobacco to allow a new <br />business owner to be issued a tobacco license. <br />BACKGROUND <br />The City has two types of tobacco licenses: Tobacco Stores, and General Sales & Display. The General <br />Sales & Display licenses are issued to retailers that only have a small space in their establishment <br />dedicated to tobacco products. These license holders in Little Canada are Speedway and bp gas stations, <br />Tierney’s Liquor and CV Liquor, and Hoggsbreath. <br /> <br />On May 25, 2022, a number of amendments were made to Chapter 802, Tobacco, including sunsetting <br />all tobacco licenses. The city code now only allows tobacco license holders as of May 25, 2022 to <br />reapply for a tobacco license – tobacco licenses will no longer be issued to any new person or business. <br />This amendment would eventually lead to no tobacco sales in Little Canada. The way that would occur <br />is the retailer either had to close because their business is not sellable without a tobacco license, or there <br />is a new business owner which would not allow a new tobacco license to be issued, so they would have <br />to stop selling tobacco. <br /> <br />The city code language below is the section of Chapter 802 that pertains to this amendment request. <br />All of the language in 802.025 was added in May 2022 except for the limit of tobacco store licenses. <br />Section 802.025 was previously titled “Restrictions on number of licenses” and limited the number of <br />tobacco store licenses to 2 and stated there was no limit on the number of general sales and display <br />licenses. <br /> <br />Current City Code Chapter 802.025, Tobacco <br /> <br />802.025. RESTRICTIONS ON NUMBER OF LICENSES AND SUNSETTING OF LICENSES. <br /> <br />(a) License number restriction. The number of Tobacco Store Licenses within the City shall <br />not exceed two (2). The number of General Sales and Display Licenses shall not exceed <br />five (5). <br /> <br />(b) Sunset on Tobacco Retail Licenses. The city will not issue any new licenses for the sale <br />of licensed products after May 25, 2022. The city will only renew existing licenses that <br />were issued by May 25, 2022. Licenses may be renewed subject to the provisions of this <br />chapter, provided that: