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<br />Ord 859 <br />Page 2 <br /> <br />NOW, THEREFORE BE IT RESOLVED: <br /> <br />THE CITY OF MOUNDS VIEW ORDAINS: <br /> <br />SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to <br />include reference to the following Emergency Interim Ordinance No. 859. <br /> <br />Subdivision 1. Prohibition. To protect the planning process under the <br />authority of Minnesota Statutes, Section 462.355, subdivision 4, and to protect the <br />public health, safety and welfare of the citizens of the City of Mounds View, the City <br />Council of the City of Mounds View hereby adopts an Interim Ordinance which <br />states that during the effective period of the Ordinance, applications for a tobacco <br />license or for a building permit or zoning approval for a tobacco products shop will <br />not be processed or approved by the City and no application for such approvals <br />shall be received by the City. This Ordinance prohibits the further consideration and <br />approval by the City of any pending license or zoning application for a tobacco <br />products shop. For purposes of this Ordinance, “tobacco products shop” is defined <br />as a retail establishment with an entrance door opening directly to the outside that <br />derives more than 90 percent of its gross revenue from the sale of loose tobacco, <br />plants, or herbs and cigars, cigarettes, pipes and other smoking devices for burning <br />tobacco and related smoking accessories and which the sale of other products is <br />merely incidental. A “tobacco products shop” does not include a tobacco <br />department or section of any individual business establishment within any type of <br />liquor, food or restaurant license. <br /> <br />Subd. 2. Purpose. The purpose of this Ordinance is to temporarily protect the <br />planning process and the public health, safety and welfare and to allow the City to <br />conduct studies for the purpose of consideration of possible amendments to the <br />City’s licensing provisions and official controls to address issues concerning tobacco <br />products shops and tobacco products sampling. <br /> <br />Subd. 3. Enforcement. The City may enforce this Ordinance by injunction or <br />any other appropriate civil remedy in any court of competent jurisdiction. <br /> <br />Subd. 4. Separability. Every subdivision, provision or part of this Ordinance is <br />declared separable from every section, provision or part of this Ordinance. If any <br />subdivision, provision or part of this Ordinance is adjudged to be invalid by a court <br />of competent jurisdiction, such judgment shall not invalidate any other section, <br />provision or part of this Ordinance. <br /> <br />Subd. 5. Duration. This Interim Ordinance shall be in effect until the date of <br />adoption of any new licensing provisions and official controls pertaining to tobacco <br />products shops or until May 8, 2012, whichever occurs first.