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9.2. SR 11-20-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 9.2 Agenda Section Meeting Date Prepared by Work Session November 20, 2017 Tina Allard, City Clerk Item Description Reviewed by Distance Requirements: Tobacco Product Shops Cal Portner, City Administrator Reviewed by Action Requested Discussion. Background/Discussion At the last Council meeting, a request was made to change the distance requirements for tobacco product shops located near schools/park property. The current distance required by city code is 500 feet. The request was for a reduction to 200 feet. In July of 2017, the Council established a moratorium on the licensing of any new tobacco product shops in order to address drug paraphernalia,proximity to schools, and more stringent measures for second hand smoke in these shops due to the undefined sampling laws, especially as it related to multi-tenant facilities. In 2008, the ordinance was amended to add the 500 feet distance requirement. Elk Diver Smokes for Less on Freeport Avenue was in existence prior to 2008 so they were grandfathered from having to meet this new distance requirement. The League of Minnesota Cities model ordinance suggests a distance of 1,000 feet from all youth- oriented facilities for all tobacco licensees (includes tobacco product shops and retailers with incidental sales, such as a convenience gas station). A youth-oriented facility is defined as any facility with residents, customers,visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products consumed or used primarily by persons under the age of 21. Cities have gotten stricter in regards to tobacco regulations in the last few years. But with that being said, staff took a quick poll of 10 cities and none of them had language in ordinance regarding distance requirements for schools/parks. Notification Requirements Per state law, the city must give 30 days'written notice to licensees if the city intends to change the ordinance. If Council decides to move forward with an ordinance amendment, this item would come back to Council after the 30 day notice. The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAMIRE1 Financial Impact N/A Attachments ■ Current ordinance ■ Maps outlining distance options ■ A California study: Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools: http://www.sciencedirect.com/science/article/1)i/SO091743508002089 N:APublic Bodies\Agenda Packets\11-20-2017\Done\x9.2 sr Tobacco Shop Distonce.docx Elk River City Code Excerpt: Section 26-40 relating to Tobacco Product Shops/Smoke Shops Sec. 26-40. -Tobacco products shop. (a) Tobacco products shops as defined by this article cannot be entered at any time by persons younger than 18 years of age. (b) The self-service restrictions prescribed in section 26-39 shall not apply to licensed tobacco products shops. (c) No license may be issued for a tobacco products shop where: (1) The proposed location is ineligible for a license under city ordinance or state law. (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. a. 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. b. 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 a multi-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. (Ord. No. 08-08, §§ 1, 2, 7-21-2008; Ord. No. 11-02, § 1, 4-4-2011) ' r 1 4F i T � � � Tom. 7' r w X75-405=0245 5 na: 720 Al 75,05-015 11] ►7r -- r y`r 75-405-0505` LW 4-0 f 8 1 E fir. j -i. 5-404-0'170 75=404-01 hi RIVERS EDGE 1-7 Property Line — 200' Line — 500' Line DATE: 11-13-2017 DRAWN BY: CML SCALE: NOT TO SCALE I I I 11 11J J -wo -k T 7 —,;ii; kl fl Nil 75-50 105 ii7 'a it wl If ON -- PARKER LINCOLN I _j ail L .0 75 42-(k22 ....... ...... LU cyl 75- 2-0230 w, �F I P 75-6 0- 105 0 DATE: it Sk Property Line DRAWN BY: 4; IL 200' Line CML ilk, oil olp 1 1, o SCALE: 500' Line -wo -k T 7 —,;ii; kl fl Nil 75-50 105 ii7 'a it wl If ON -- PARKER LINCOLN I _j 01 75 42-(k22 LU cyl 75- 2-0230 w, �F I P 75-6 0- 105 DATE: 11-13-2017 DRAWN BY: CML SCALE: NOT TO SCALE 01 4 "t n Ar 7i,4L I �. :?:i i;-t:+•� ;y4 e;, �' - r•* # 1i.asl.f. ,•: $:. .!;" Property Line ii • .9 f II i 200' Line 500' Line W7 5 - 516 G"-01 r rr � ;.� •�I '; N1 1 �I� I 1 •7 I� - �` � Orr Y r 153 R D7L_E� hJ 1Ar - . 75.;127 200 � 1 •Y-�,�`. * � T5.816-[1705 z d > 2 r, X78 -0A.110 y � �Y 1 75 572�11Q 1 V /1 fo t1S10H e A ; " 75-572-0145 rY11 75- 75 5-7 r 1 y 1 ?5-58 39-0'1 nF 751532LO10 - DATE: 11-13-2017 or M DRAWN BY: CML 023.5 E 1 SCALE:River 23 4r NOT TO SCALE 11500 193rd Ave DATE: 11-13-2017 or DRAWN BY: CML 1 E 1 SCALE:River NOT TO SCALE Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools? - ScienceDirect http://www.sciencedirect.com/science/article/pii/S0091743508002089[11/16/2017 10:26:20 AM] Get rights and content Preventive Medicine Volume 47, Issue 2, August 2008, Pages 210-214 Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools? Lisa Henriksen , Ellen C. Feighery , Nina C. Schleicher , David W. Cowling , Randolph S. Kline , Stephen P. Fortmann Show more https://doi.org/10.1016/j.ypmed.2008.04.008 Abstract Objective To examine the quantity (density) and location (proximity) of tobacco outlets and retail cigarette advertising in high school neighborhoods and their association with school smoking prevalence. Methods Data from the 135 high schools that participated in the 2005– 2006 California Student Tobacco Survey were combined with retailer licensing data about the location of tobacco outlets within walking distance (1/2 mi or 805 m) of the schools and with observations about the quantity of cigarette advertising in a random sample of those stores (n = 384). Multiple regressions, adjusting for school and neighborhood demographics, tested the associations of high school smoking prevalence with the density of tobacco outlets and retail cigarette advertising and with the a b a c b a Recommended articles Citing articles Purchase Export Advanced Journals Books Register Sign in Is adolescent smoking related to the density and proximity of tobacco outlets and retail cigarette advertising near schools? - ScienceDirect http://www.sciencedirect.com/science/article/pii/S0091743508002089[11/16/2017 10:26:20 AM] Check if you have access through your login credentials or your institution. Check Access or Purchase or Check for this article elsewhere proximity of tobacco outlets to schools. Results The prevalence of current smoking was 3.2 percentage points higher at schools in neighborhoods with the highest tobacco outlet density (> 5 outlets) than in neighborhoods without any tobacco outlets. The density of retail cigarette advertising in school neighborhoods was similarly associated with high school smoking prevalence. However, neither the presence of a tobacco outlet within 1000 ft of a high school nor the distance to the nearest tobacco outlet from school was associated with smoking prevalence. Conclusions Policy efforts to reduce adolescent smoking should aim to reduce the density of tobacco outlets and retail cigarette advertising in school neighborhoods. This may be achieved through local zoning ordinances, including limiting the proximity of tobacco outlets to schools. Keywords Tobacco; Adolescents; Outlet density; Advertising; Environment Choose an option to locate/access this article: Copyright © 2008 Elsevier Inc. All rights reserved.