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43 <br />STAFF REPORT <br />To: Mayor and City Council <br />Mark Casey, City Manager <br />From: Kim Moore, Assistant City Manager <br />Date: January 24, 2012 <br />Subject: Ordinance Amending 111.057 Relating to Regulation of Tobacco Sales <br />Staff received a request from the Police Department to review the City's revised Tobacco Ordinance. The <br />Chief reported that his officers were finding a local tobacco shop violating the no smoking aspect of the <br />Ordinance but because the Ordinance had no provision holding the owner of the licensed shop responsible <br />and accountable, they were unable to cite the owner; only his patrons. <br />Staff contacted the City Attorney about the omission and the newly amended text was provided to the City <br />for consideration and adoption. The Police Chief has reviewed the amended text and is satisfied with the <br />language. That portion of the Ordinance to be amended is proposed to state: <br />It shall be unlawful for the lighting, inhaling, exhaling or combination thereof of tobacco, tobacco <br />products, or tobacco related devices by any person in any retail establishment, Ind for -any person that <br />owns, leases, manages, operates or otherwise controls .—,-the retail establishment to allow such to occur. <br />Staff Recommendation: Waive the Readings and adopt the amended language as proposed. <br />Attachment: <br />• Proposed language amendment to the City's Tobacco Ordinance, §111.057 SMOKING <br />PROHIBITED; Ordinance 2012-01. <br />C:ADocuments and SettingsVbarb.sueiuH,ocal SettingATemporary Internet FilesVContent.0utlook\F4MUOQR9V01124012 amendment to tobacco <br />ordinance stf rpt.doe01124012 amendment to tobacco ordinance stf rpt <br />