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<br /> <br /> <br />ORDINANCE NO. 859 <br /> <br />CITY OF MOUNDS VIEW <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br /> <br />AN EMERGENCY INTERIM ORDINANCE TEMPORARILY ESTABLISHING A <br />LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS SHOPS <br /> <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 /> <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 /> <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 /> <br />WHEREAS, the statute permits local governments to enact more stringent <br />measures to protect individuals from secondhand smoke, including restricting the sampling <br />of tobacco products; <br /> <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 /> <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 <br />locations and the conditions under which tobacco products shops may be allowed within <br />the City; <br /> <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 /> <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 <br />adopt an emergency interim ordinance to study whether new or amended controls are <br />necessary to fulfill the City’s legal obligation to adequately protect the public health, safety <br />and welfare and to protect the planning process; and <br />