06-12-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JUNE 12, 2013 AMENDMENT TO TOBACCO ORDINANCE REPEAL OF INDECENT EXPOSURE ORDINANCE The City Administrator noted that at the last meeting, the Council discussed staffs recommendation to amend the Tobacco Ordinance relative to the financial reporting requirements for Tobacco Stores. He noted that the ordinance requires that a tobacco store comply with the requirement that 90% of gross revenue is derived from the sale of approved products. These products include cigars, cigarettes, loose tobacco, etc. Another requirement is that no more than 50% of the gross revenue of the store may be derived from the sale of tobacco- related devices. Devices are pipes, rolling papers, ashtray, or other device which enables the chewing, sniffing or smoking of tobacco or tobacco products. The City Administrator reported that in order to comply with this requirement, the owners of the two tobacco stores submitted boxes of records and receipts. This proved to be an onerous task for City staff to review. As a result and based on the discussion at the last Council meeting, the proposed ordinance amendment and Tobacco Store Application requires summary financial information while preserving the City's ability to request detailed financial records if it deems necessary. Keis asked if the penalty provision of the ordinance would apply if it is found that the summary financial information provided was incorrect. The City Attorney replied that it would. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2013 -6 -99 — ADOPTING AN ORDINANCE AMENDING CHAPTER 802, TOBACCO PRODUCTS OF THE LITTLE CANADA CITY CODE, KNOWN AS THE MUNICIPAL CODE RELATIVE TO TOBACCO STORE LICENSE RENEWAL REQUIREMENTS AS RECOMMENDED BY CITY STAFF The foregoing resolution was duly seconded by Keis. Ayes (4). Nays (0). Resolution declared adopted. The City Administrator reported that a Little Canada resident recently pointed out the City's Code on disorderly conduct has outdated language relative to indecent exposure. The Administrator reported that this particular section of the Code was adopted in 1953. He noted that State Statute 617.23 addresses the issue of indecent exposure, therefore, there is no need to cover it in the City Code. The City Administrator pointed out that there may be other sections of the City Code which are out -of -date, and suggested that the City Attorney review the Codes and identify those sections which should be repealed or modified. 4