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STAFF REPORT 11 To: Michael J. Mornson, City Manager Mayor and City Council From: Kim Moore -Sykes, Assistant City Manager Date: April 12, 2011 Subject: Tobacco Ordinance Amendments, 2nd Reading In 2007, Governor Pawlenty signed an amendment to the Freedom to Breath Act that allowed sampling of tobacco and tobacco -related products in the tobacco shop. Also as a part of the amendment, local jurisdictions were given the authority to adopt amendments to their local ordinances that could be more restrictive. On June 22, 2010, the City Council adopted a moratorium to give the City time to study sampling in tobacco shops in St. Anthony. The moratorium also provided an opportunity to update the City's existing tobacco ordinance to include all tobacco products and not just cigarettes. The City Attorney reviewed the proposed revisions and the proposed revised Tobacco Ordinance was presented by Staff at the first reading on March 22, 2010. As the result of the first reading, an additional revision was proposed for §111.057, whereby the subdivision title was changed from SPECIFIC OPERATIONAL STANDARDS to SMOKING PROHIBITED. Additional word changes to that subdivision are included with the attached revised Ordinance 2011-01. The timeline below was proposed by City Staff and approved by City Council. Notices of proposed changes to the City's ordinance were mailed to all of the tobacco vendors in the City of St. Anthony. In addition, a second notice of the proposed amendments to the City's tobacco ordinance was mailed to all tobacco vendors on February 24, 2011. The City Council has scheduled three (3) readings for the ordinance amendments. Feb.10, 2011 30 -Day Notice due to tobacco retailers notifying them of a proposed change to the City s Tobacco Ordinance. Second Notice sent on February 24, 2011. Feb.15, 2011 License Renewal Notice sent to tobacco retailers advising them that they are required to renew their tobacco license by March 15, 2011. Staff proposes that this notice and the 30- Day Notice be sent together in the same mailing. Staff further suggests that the 30 -Day Notice be printed on colored paper to differentiate this notice from the Licensure Notice. March 22, 2011 First Reading of the proposed amendments to the Tobacco Ordinance. April 12, 2011 Second Reading of the proposed amendments to the Tobacco Ordinance. April 26, 2011 Third Reading of the proposed amendments to the Tobacco Ordinance. Attachments. • City Attorney Letter, January 4, 2011 • List of current Tobacco License Holders Proposed revised Ordinance 2011-01, An Ordinance Relating to Regulation of Tobacco Sales, amending Section 111 of the St. Anthony City Code. R:ACouncil Meetings\2011V04122011Astaf2ND READING tobacco ordinance stf rptdocstaf2ND READING tobacco ordinance stf rpt