HomeMy WebLinkAboutOrdinance 859 ORDINANCE NO. 859
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN EMERGENCY INTERIM ORDINANCE TEMPORARILY ESTABLISHING A
LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS SHOPS
WHEREAS, Chapter 512 of the Mounds View City Code regulates the sale or
disposal of cigarette and tobacco products within the City through the issuance of a
tobacco license;
WHEREAS, the City of Mounds View has adopted official controls through the
adoption of the Zoning Code, Title 1100 of the Mounds View City Code which regulates the
locations of certain businesses within the City;
WHEREAS, a statute recently adopted by the State Legislature authorizes the
lighting of tobacco products in tobacco products shops by customers for the purpose of
sampling the tobacco product;
WHEREAS, the statute permits local governments to enact more stringent measures
to protect individuals from secondhand smoke, including restricting the sampling of tobacco
products;
WHEREAS, the City Council has concerns about allowing the sampling of tobacco
products in tobacco products shops and its effect on the public health, safety and welfare;
WHEREAS, the City Council also has concerns that the City's current licensing and
zoning provisions relating to tobacco products shops do not adequately address the issues
relating to tobacco products shops and tobacco sampling, such as the appropriate locations
and the conditions under which tobacco products shops may be allowed within the City;
WHEREAS, as a result of these important licensing, land use and zoning issues, the
City desires 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;
WHEREAS, the City Council has authority, pursuant to Section 3.06 of the City of
Mounds View City Charter and Minnesota Statutes Section 462.355, subdivision 4, to adopt
an emergency interim ordinance to study whether new or amended controls are necessary
to fulfill the City's legal obligation to adequately protect the public health, safety and welfare
and to protect the planning process; and
386087 SJR MU125 -11
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
Ord 859
Page 3
SECTION 2. This Emergency Interim Ordinance is effective upon adoption, filing and
posting in accordance with Section 3.06 of the City of Mounds View City Charter.
SECTION 3. Notwithstanding the provisions of Section 2 of this Emergency Interim
Ordinance and in addition to the notice requirements of Section 3.06 of the City of Mounds
View City Charter, the following summary will also be printed in the official City newspaper
in lieu of the complete ordinance:
On May 9, 2011, the City Council adopted Emergency Interim Ordinance 859
that establishes a licensing and planning moratorium on tobacco products
shops in the City of Mounds View for a period of time not to exceed one year.
A printed copy of the ordinance is available for inspection during regular
business hours at Mounds View City Hall and is available on line at the City's
web site located at www.ci.mounds view.mn.us
Passed by the City Council of the City of Mounds View, Minnesota this 9 th day of May,
2011.
e Flaherty, ayor
ATTEST:
Jim Ericson, City Administrator
(seal)
386087 SJR MU 125 -11