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April 7, 2011 <br />Letter to Little Canada City Council <br />Page 2 of 2 <br />The changes in Section 2 of the proposed ordinance split our standard tobacco sales <br />licenses into two licenses. Since the "sampling" exception isn't available to most current <br />licensees, it isn't necessary to apply the extra regulations relating to sampling to those licensees. <br />A split also allows the City to allocate more of the tobacco monitoring and enforcement costs to <br />those locations requiring the additional monitoring, by requiring a higher license fee from the <br />locations offering sampling. Current licensees would need to choose which license to apply for <br />when the time comes to apply for renewal. <br />The cap on the number of licenses can be adjusted or removed at the Council's discretion. <br />I kept it in the draft rather than presuming that the Council would want it removed. <br />As with the definition of sampling, the regulations that apply to dedicated tobacco stores <br />are my best suggestions of reasonable rules to apply to these locations, on top of the regulation of <br />sample sizes. The 15% display area regulation addresses a concern that many pipes and other <br />paraphernalia can be (and anecdotally, generally are) used for certain illegal drugs, and the City's <br />interest is in preventing any tobacco licensees from becoming obvious gathering points for drug <br />users. This, and the other restrictions in Section 4, are open to debate when you consider this <br />Ordinance. <br />TSO /tso <br />Respectfully yours, <br />KELLY & LEMMONS, P.A. <br />Trevor S. Oliver <br />2 <br />