09-24-2014 Council Agenda - Laserfiche WebLink

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MEMORANDUM DATE: September 17, 2014 TO: Kathy Glanzer FROM: Kevin Beck RE: UPDATED 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 food, liquor, or restaurant license. Given the presented 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 adding the following definition for "General Sales and Display" to § 802.010(a)' and slightly changing the current definition for "Tobacco Store": (al "General Sales and Display" means a section of any business establishment not meeting the definition of' Tobacco Store in paragraph (d) of this section. which displays for sale Tobacco Products, Tobacco -related Devices, and Delivery Devices as an accessory use to the establishment's primary business purpose. The sale of such tobacco products shall be merely incidental to the establishment's primary business purpose. The sectiori displaying for tobacco products shall comprise an area no greater than XXX cubic feet and must be located within the immediate vicinity of the establishment's primary point of sale. There can be no entrance door from the outside opening directly to the section of the store displaying tobacco. A separate point of sale for tobacco sales shall be prohibited. (d) "Tobacco Store" means a retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of eigars; deviees Tobacco Products Tobacco -related Devices. and Delivery Devices in which the sale of other products is merely incidental. This definition does not include an accessory tobacco department -op -section of any business establishment meeting the definition of General Sales and Display in paragraph (a) of this section , The remainder of 802.010 would then need to be renumbered accordingly. 4