Laserfiche WebLink
MINUTES <br />CITY COUNCIL <br />MAY 11, 2011 <br />*APPROVAL OF AN APPLICATION TO CONDUCT OFF -SITE <br />GAMBLING AS REQUESTED BY CANADIAN DAYS; <br />The foregoing resolution was duly seconded by Boss. <br />Ayes (5). <br />Nays (0). Resolution adopted. <br />TOBACCO The City Attorney presented the Council with an updated draft of <br />ORDINANCE the Tobacco Ordinance which incorporates the discussion the Council has <br />at its last meeting. The City Attorney reviewed the most significant <br />changes proposed to the ordinance which include <br />o Updated definitions, including a specific definition of <br />"sampling ", as well as nicotine or lobelia delivery devices; <br />o The establishment of two tiers of tobacco licenses, <br />specifically Tobacco Store License and General Sales and <br />Display Tobacco License; <br />o Removal of the cap on the number of tobacco licenses; <br />o Stating that a tobacco license is considered a privilege and <br />not an absolute right; <br />o Including a proximity restriction; <br />o Establishment of store hours for a Tobacco Store; <br />o Restrictions relative to vending machines and self - service <br />methods. <br />The City Council discussed the proximity restriction relative to both <br />tobacco stores and general tobacco sales. The City Attorney proposed a <br />1,000 foot separation for all tobacco licenses from any school, playground, <br />house of worship, or youth - oriented facility. Keis noted that a 500 foot <br />separation along Rice Street, where most of the licensed locations are <br />concentrated appears to be problematic. Blesener indicated that he would <br />support the proximity restriction for tobacco stores only, and then <br />reducing that restriction to 500 feet. The City Attorney indicated that the <br />Council could apply the restriction to tobacco stores only. <br />Montour asked if the City had any other proximity restrictions, noting that <br />there is no distance separation between liquor stores. Montour felt that if a <br />tobacco store wanted to locate near a similar store, that would be <br />acceptable to him provided that they complied with the City's ordinances. <br />McGraw suggested that the proximity restriction be extended to include <br />residential areas. Montour noted that this would impact the two existing <br />tobacco stores and the owner of the strip mall would not be able to lease to <br />a tobacco store. Keis asked what the reason would be to keep a tobacco <br />store away from a residential area. If it is to control underaged individuals <br />4 <br />