05-11-11 Council Agenda - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 27, 2011 stricter, specifically with regard to tobacco stores and the indoor smoking ban. The Attorney began reviewing the proposed amendments, noting that one of the major changes is the including of a definition of sampling in the City's ordinance. The Attorney indicated that State Law fails to define what sampling is, and some tobacco shops are taking advantage of this. Another major change to the ordinance is the regulation of tobacco store hours. The City Attorney proposed that those hours be limited to no earlier than 8:00 a.m. and must end prior to 10:00 pan. The pointed out that he mirrored the hours of operation that off -sale liquor stores are subject to under State law. The Council discussed the sampling definition and the fact that State Law did not provide for a definition. The consensus of the Council was in support of the definition for sample quantity of tobacco as a quantity reasonably calculated to burn for no more than two minutes. The City Attorney proposed that a cigar, cigarette, and similar products, the sample quantity is''/: of one project. McGraw felt that definition should be 1/4 of one project, noting that'' /z of a cigar could be a large amount of product. Keis stated that he was expecting to see two tiers of tobacco licensing proposed, the typical retail tobacco license and a tobacco shop license. The City Attorney pointed out that this is proposed under Section 802.020 as a Tobacco Store License for a tobacco shop, and a General Sales & Display License for other premises such as a gas station/convenience store, drug store, grocery store, etc. Montour noted that the General License prohibits sampling as well as the display of tobacco-related devices for sale. The Tobacco Shop License allows sampling as defined in the City's ordinance as well as the display of or storage of tobacco - related devices in no more than 15% of the total product display area. Montour asked if a Second Hand Goods Dealers License would be required when devices are held on consignment. The City Attorney indicated that he has not looked at that issue. Montour asked about separation requirements between tobacco shops and uses such as churches and schools. Boss suggested a separation requirement from residential areas. Biesener noted that the model ordinance does provide for separation requirements, specifically proximity to youth - oriented facilities and other tobacco retailers. It was noted that many of the businesses in the City holding tobacco licenses are in close proximity to residential areas. 16 10