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Home My WebLink About1064 Ord (Special-Tobacco Moratorium) CITY OF STILLWATER WASHINGTON COUNTY,MINNESOTA INTERIM ORDINANCE NO. 1064 AN INTERIM ORDINANCE TEMPORARILY ESTABLISHING A LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS SHOPS AND DIRECTING THAT STUDIES OF OFFICIAL CONTROLS RELATED THERETO BE CONDUCTED THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY, MINNESOTA DOES ORDAIN: Section 1. Moratorium. PREAMBLE SECTION A. Purpose. 1. Chapter 41 —Licenses, Permits and Prohibitions, Sec. 41-2 of the Stillwater City Code regulates the sale and disposal of cigarette and tobacco products within the City through the issuance of a tobacco license. 2. The City of Stillwater has adopted official controls through the adoption of the Zoning Code, Chapter 31 of the Stillwater City Code which regulates the locations of certain businesses with the City. 3. 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. 4. The statute permits local governments to enact more stringent measures to protect individuals from secondhand smoke, including restricting the sampling of tobacco products. 5. 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. 6. The City Council also has concerns that the City's current licensing and zoning provisions relating to tobacco license holders 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. 7. The Minnesota State Legislature is presently debating the regulation of e-cigarettes sales to minors and e-cigarette use in public areas that may affect Tobacco Licensing in the City of Stillwater. 8. As a result of these important licensing 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. 8. The City,therefore, finds that a moratorium is required to protect the tobacco licensing process and to prevent excessive licensing of tobacco products shops and tobacco products sampling. The City further finds that it is necessary to preserve within this process existing licensed tobacco shops and the current tobacco licensing process within the City. At the present time,the necessary study period in the implementation is anticipated to be able to be completed by August 1, 2014. SECTION B. Moratorium Established and Scope. 1. In accordance with the findings set forth within the Preamble of this ordinance and pursuant to the directive of the City Council there is hereby established a moratorium on the issuance of any new tobacco products shops and tobacco sampling licenses within City of Stillwater. 2. During the period of time of the moratorium existing tobacco product shops, or other tobacco license holders, or pending license applications, shall continue under the existing regulations established by ordinance. SECTION C. Applicability. The moratorium shall be applied throughout the City of Stillwater SECTION D. Exceptions. All licenses issued to tobacco product license holders as of March 18, 2014 shall remain in full force and effect subject to ordinance. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication according to law and shall remain effective until August 1,2014 unless further extended by order of the City Council. Adopted by the City Council of the City of Stillwater this 1St day of April, 2014. CITY OF STIL r� Ken Mayor Attest: Diane F. Ward, City Clerk AFFIDAVIT OF PUBLICATION City of Stillwater (Official Publication) STATE OF MINNESOTA )ss COUNTY OF WASHINGTON CITY OF STILLWATER WASHINGTON COUNTY,MINNESOTA INTERIM ORDINANCE NO.1064 AN INTERIM ORDINANCE TEMPORARILY ESTABLISHING A LICENSING AND PLANNING MORATORIUM ON TOBACCO PRODUCTS SHOPS AND Charlene Vold being duly sworn on an oath, DIRECTING THAT STUDIES OF OFFICIAL CONTROLS RELATED THERE- states or affirms that they are the Authorized TO BE CONDUCTED Agent of the newspaper(s)known as: THE CITY COUNCIL OF THE CITY OF STILLWATER, WASHINGTON COUNTY,MINNESOTA DOES ORDAIN: Stillwater Gazette Section 1. Moratorium. PREAMBLE and has full knowledge of the facts stated SECTION A. Purpose. below: 1.Chapter 41-Licenses,Permits and Prohibitions,Sec.41-2 of the Still- (A)The newspaper has complied with all of water City Code regulates the sale and disposal of cigarette and tobacco the requirements constituting qualifica- products within the City through the issuance of a tobacco license. tion as a qualified newspaper as provided 2.The City of Stillwater has adopted official controls through the adoption by Minn. Stat. §331 A.02, §331A.07, and of the Zoning Code,Chapter 31 of the Stillwater City Code which regulates other applicable laws as amended. the locations of certain businesses with the City. (B)This Public Notice was printed and pub- 3.A statute recently adopted by the State Legislature authorizes the light- lished in said newspaper(s) for 1 succes- ing of tobacco products in tobacco products shops by customers for the sive issues; the first insertion being on purpose of sampling the tobacco. 04/04/2014 and the last insertion being on 4.The statute permits local governments to enact more stringent measures 04/04/2014. to protect individuals from secondhand smoke, including restricting the sampling of tobacco products. 5.The City Council has concerns about allowing the sampling of tobacco profducts in tobacco products shops and its effect on the public health, /� tI/ �1�, /1 n ' n saety and welfare. By: `✓" `�(xR' �/ (� 6.The City Council also has concerns that the City's current licensing and Authorized Agent zoning provisions relating to tobacco license holders do not adequately ad- dress the issues relating to tobacco products shops and tobacco sampling, such as the appropriate locations and the conditions under which tobacco Subscribed and sworn to or affirmed before products shops may be allowed within the City. me on 04/04/2014. 7.The Minnesota State Legislature is presently debating the regulation of e-cigarettes sales to minors and e-cigarette use in public areas that may affect Tobacco Licensing in the City of Stillwater. 0)1.9.4_2_ M 1�/� �) n 8.As a result of these important licensing and zoning issues, the City ,- {�-Yid-� desires to conduct studies for the purpose of consideration of possible Notary Public amendments to the City's licensing provisions and official controls to ad- dress issues concerning tobacco products shops and tobacco productsA sampling. ,�,,v�ev��M^^^^^ .,,rv�sx 8.The City,therefore, finds that a moratorium isrequired to protect the 4� rya° z.DARLEN i�A��E��`C��R tobacco licensing process and to prevent excessive licensing of tobacco Notary public-l�lint4�1 products shops and tobacco products sampling.The City further finds that 'anisslon Expires Jan 31,2W9 it is necessary to preserve within this process existing licensed tobacco n;' Mywvvvvvv~ shops and the current tobacco licensing process within the City. At the present time,the necessary study period in the implementation is antici- pated to be able to be completed by August 1,2014. SECTION B. Moratorium Established and Scope. 1. In accordance with the findings set forth within the Preamble of this ordinance and pursuant to the directive of the City Council there is hereby established a moratorium on the issuance of any new tobacco products shops and tobacco sampling licenses within City of Stillwater. 2. During the period of time of the moratorium existing tobacco product shops,or other tobacco license holders,or pending license applications, shall continue under the existing regulations established by ordinance. SECTION C. Applicability. The moratorium shall be applied throughout the City of Stillwater SECTION D. Exceptions. All licenses issued to tobacco product license holders as of March 18,2014 shall remain in full force and effect subject to ordinance. Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its passage Rate Information: and publication according to law and shall remain effective until August 1, (1)Lowest classified rate paid by commercial users 2014 unless further extended by order of the City Council. for comparable space: Adopted by the City Council of the City of Stillwater this 1st day of April, $40.00 per column inch 2014. Ad ID 199772 I• f . CITY OF STILLWATER /s/Ken Harycki Ken Harycki,Mayor Attest: /s/Diane F.Ward Diane F.Ward,City Clerk 199772 04/04/14 Ordinance 1064