09-10-2014 Council Agenda - Laserfiche WebLink

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MEMORANDUM DATE: September 5, 2014 TO: Kathy Glanzer FROM: Kevin Beck RE: Tobacco general sales and display license Although not explicitly defined, a general sales and display license is effectively negatively defined in the definition of a "tobacco store" as a `tobacco department or section of any business establishment" as long as that establishment has a tood, liquor, or restaurant license. Given the scenario, it appears that this would likely qualify for a general sales and display license since it would be connected to the restaurant which is presumably licensed to sell food or liquor. Accordingly, they would be able to sell "tobacco products", "tobacco -related devices", and "delivery devices" as those terms are defined in the ordinance. The only restriction would be the general sales and display license prohibition on displaying "tobacco -related devices except for cigarette lighters" and the general prohibitions on vending machines and self-service merchandising. One issue seems to be the fact that there is a door that opens directly to the outside. The definition of "tobacco store" is a "retail establishment with an entrance opening directly to the outside," which implies that an outside door is an important factor. The City could amend the ordinance to add the following definition for "General Sales and Display" to § 802.010(a)': (a) "General Sales and Display" means a tobacco department or section of any business establishment with any other kind of liquor, food or restaurant license. The tobacco department or section must be accessed only via the main premises; there can be no entrance door to the tobacco department or section that opens directly to the outside. We would also recommend cleaning up § 802.020 to the following: 802,020. LICENSE REQUIRED. No person shall, directly or indirectly, keep for retail sale, sell at retail, keep for wholesale, sell at wholesale or otherwise dispose of Tobacco Products, tobacco -related devices, or delivery devices unless licensed by the City of Little Canada. A Tobacco Store license is available to a premises meeting the definition in § 802.011(d) of -suet -a -stere; a General Sales and Display license is available to a premises meeting the definition in § 802.011(a)all other premises seeking, a tobacco license, License applications shall be submitted to the City Administrator, as required under § 802.030, together with the applicable license fee as determined from time to time by City Council resolution. A license shad -1 may be issued only for the specific premises and individual identified in the application. We further suggest adding a section to § 802.030 to provide the City more flexibility in granting or denying licenses: The remainder of 802.010 would then need to be renumbered accordingly. 2