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ORDINANCE NO. 859 <br /> CITY OF MOUNDS VIEW <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> AN EMERGENCY INTERIM ORDINANCE TEMPORARILY ESTABLISHING A <br /> LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS SHOPS <br /> WHEREAS, Chapter 512 of the Mounds View City Code regulates the sale or <br /> disposal of cigarette and tobacco products within the City through the issuance of a <br /> tobacco license; <br /> WHEREAS, the City of Mounds View has adopted official controls through the <br /> adoption of the Zoning Code, Title 1100 of the Mounds View City Code which regulates the <br /> locations of certain businesses within the City; <br /> WHEREAS, a statute recently adopted by the State Legislature authorizes the <br /> lighting of tobacco products in tobacco products shops by customers for the purpose of <br /> sampling the tobacco product; <br /> WHEREAS, the statute permits local governments to enact more stringent measures <br /> to protect individuals from secondhand smoke, including restricting the sampling of tobacco <br /> products; <br /> WHEREAS, the City Council has concerns about allowing the sampling of tobacco <br /> products in tobacco products shops and its effect on the public health, safety and welfare; <br /> WHEREAS, the City Council also has concerns that the City's current licensing and <br /> zoning provisions relating to tobacco products shops do not adequately address the issues <br /> relating to tobacco products shops and tobacco sampling, such as the appropriate locations <br /> and the conditions under which tobacco products shops may be allowed within the City; <br /> WHEREAS, as a result of these important licensing, land use and zoning issues, the <br /> City desires to conduct studies for the purpose of consideration of possible amendments to <br /> the City's licensing provisions and official controls to address issues concerning tobacco <br /> products shops and tobacco products sampling; <br /> WHEREAS, the City Council has authority, pursuant to Section 3.06 of the City of <br /> Mounds View City Charter and Minnesota Statutes Section 462.355, subdivision 4, to adopt <br /> an emergency interim ordinance to study whether new or amended controls are necessary <br /> to fulfill the City's legal obligation to adequately protect the public health, safety and welfare <br /> and to protect the planning process; and <br /> 386087 SJR MU125 -11 <br />