5.2. SR 04-04-2011~i
Elk REQUEST FOR ACTION
...~
River
TO ITEM NUMBER
Ci Council 5.2 -
AGENDA SECTION MEETING DATE PREPARED BY
Administration A ri14, 2011 Tina Allard, Ci Clerk
ITEM DESCRIPTION REVIEWED By
Ordinance Amending Section 26-40 Regarding Tobacco Lori ohnson, Ci Administrator
Products Shops REVIEWED BY
Peter Beck, Ci Attorne
ACTION REQUESTED
Council motion adopting an ordinance amending Section 26-40 of the City Code regarding Tobacco
Product Shops.
BACKGROUND/DISCUSSION
On March 21, 2011, Council directed the city attorney to draft an ordinance amendment to allow the
tobacco product shop located at 19112 Freeport Street to be exempt from meeting the 500 foot distance
requirement from school or park property.
Council also requested a change to the ordinance in regards to ventilation requirements in multi-tenant
facilities in that a licensee wouldn't have to install a ventilation system if they agree there will be no
smoking allowed in the shop.
ATTACHMENTS
^ Ordinance amending Section 26-40 Regarding Tobacco Product Shops
Action Motion by Second by Vote
Follow Up
N:\Publie Bodies\Ciry Council\Council RCA\Licensing\Tobacco\2011\OA Grandfather Freeport.doc
ORDINANCE NO. 11-_
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 26-40
OF THE CITY OF ELK RIVER CODE OF ORDINANCES REGARDING
TOBACCO PRODUCTS SHOPS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 26-40(c) of the Elk River City Code of Ordinances shall be
amended such that sub-sections (2) (3) and (4) shall read as follows:
(2) The proposed location is in a zoning district where the business is not allowed
pursuant to Chapter 30 of this Code. This restriction shall not apply to tobacco
product shops which were in conformance with Chapter 30 on July 21, 2008.
(3) The proposed location is located within 500 feet of a school or park property.
(i) The distance limitations shall be measured from property line to property
line at the nearest point or from property line to the nearest point of the
leased premises if the tobacco products shop is located in a multi-tenant
facility.
(ii) This restriction shall not apply to tobacco product shops which were
properly licensed pursuant to Chapter 26 of this Code and in conformance
with Chapter 30 of this Code on July 21, 2008.
(4) The proposed location is in amulti-tenant facility and does not have its own
separate ventilation system, unless the licensee agrees, and the License provides, that
there shall be no smoking allowed in the tobacco products shop. Violation of this
condition in a license shall be grounds for revocation of the license.
Section 2. That this Ordinance shall take effect upon adoption as provided by law.
Passed and adopted by the City Council of the City of Elk River this 4th day of April,
2011.
John Dietz
Mayor
ATTEST:
Tina Allard
City Clerk