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Ord 859 Page 2 NOW, THEREFORE BE IT RESOLVED: THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Emergency Interim Ordinance No. 859. Subdivision 1. Prohibition. To protect the planning process under the authority of Minnesota Statutes, Section 462.355, subdivision 4, and to protect the public health, safety and welfare of the citizens of the City of Mounds View, the City Council of the City of Mounds View hereby adopts an Interim Ordinance which states that during the effective period of the Ordinance, applications for a tobacco license or for a building permit or zoning approval for a tobacco products shop will not be processed or approved by the City and no application for such approvals shall be received by the City. This Ordinance prohibits the further consideration and approval by the City of any pending license or zoning application for a tobacco products shop. For purposes of this Ordinance, "tobacco products shop" is defined as 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 loose tobacco, plants, or herbs and cigars, cigarettes, pipes and other smoking devices for burning tobacco and related smoking accessories and which the sale of other products is merely incidental. A "tobacco products shop" does not include a tobacco department or section of any individual business establishment within any type of liquor, food or restaurant license. Subd. 2. Purpose. The purpose of this Ordinance is to temporarily protect the planning process and the public health, safety and welfare and to allow the City to conduct studies for the purpose of consideration of possible amendments to the City's licensing provisions and official controls to address issues concerning tobacco products shops and tobacco products sampling. Subd. 3. Enforcement. The City may enforce this Ordinance by injunction or any other appropriate civil remedy in any court of competent jurisdiction. Subd. 4. Separability. Every subdivision, provision or part of this Ordinance is declared separable from every section, provision or part of this Ordinance. If any subdivision, provision or part of this Ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment shall not invalidate any other section, provision or part of this Ordinance. Subd. 5. Duration. This Interim Ordinance shall be in effect until the date of adoption of any new licensing provisions and official controls pertaining to tobacco products shops or until May 8, 2012, whichever occurs first. 386087 SJR MU 125 -11