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HomeMy WebLinkAboutOrdinance No. 1570ORDINANCE NO.1570 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE USE OF SMOKE SHOPS WITHIN THE CITY OF COLUMBIA HEIGHTS Section 1: The City of Columbia Heights does ordain: Chapter 5, Article III, Section 5.302 of the Columbia Heights City Code, is proposed to include the following: § 5.302 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater that ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Chapter 5, Article III, Section 5.303 of the Columbia Heights City Code, which currently reads to wit: § 5.303 LICENSE. (A}License z~eyuired. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (B) Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department for a background and record check prior to formal review by the City Council. If the Clerk shall determine that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the application complete. (C) Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (D) Tenn. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (E) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in § 5.3130 (F) Transferse All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. Change of location or applicant will be required to be treated as a new applicant (G) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (H) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (I) Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (J) Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Is thereby amended to read as follows: § 5.303 LICENSE. (A} License required. No person shall sell or offer to sell any tobacco, tobacco products, or tobacco related device without first having obtained a license to do so from the city. (B) Smoke Shop License. No person shall operate a smoke shop without first having obtained a Smoke Shop License to do so from the city. At any given time, there shall be no more than five (5) Smoke Shops, all with appropriate licenses, throughout the city. Currently existing smoke shop establishments should be granted the first preference to renew their smoke shop license if they choose to do so. (C)Application. An application for a license to sell tobacco, tobacco products, or tobacco related devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the Clerk shall forward the application to the Police Department for a background and record check prior to formal review by the City Cotmcil. If the Clerk shall determine that an application is incomplete, he shall return the application to the applicant with notice of the information necessary to make the application complete. (D)Action. The City Council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the Clerk shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. (E) Term. All licenses issued under this article shall follow the calendar year with an expiration date of December 31 of each year and are not pro-rated. (F) Revocation or suspension. Any license issued under this article may be revoked or suspended as provided in § 5.313. (G) Transfers. All licenses issued under this article shall be valid only on the premises for which. the license was issued and only for the person. to whom the license was issued. Change of location or applicant will be required to be treated as a new applicant (H)Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (I) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. (J} Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current License. (K) Issuance as privilege and not a right. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (Ord. 1371, passed 5-11-98) Penalty, see ' 5.313 Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is thereby amended to include the following: § 9.103 DEFINITIONS. For the purpose of this article, the fallowing definitions shall apply unless the context clearly indicates or requires a different meaning. SAMPLING. TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater that ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. Chapter 9, Article I, Section 9.107 (C)(48) of the Columbia Heights City Code, is thereby amended to read as follows: § 9.107 SPECIFIC DEVELOPMENT STANDARDS. (C) Specific development standards. The following uses are subject to specific development standards: (48) Smoke Shops. (a) The smoke shop must have an entrance door opening directly to the outdoors. (b) Greater that ninety percent (90%) of the business's gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. (c) A tobacco department or section of any individual business establishment with. any type of liquor, food or restaurant license shall not be considered a smoke shop. (d) The total number of City-issued Smoke Shop Licenses shall at no time exceed five (5}. (e) Any existing smoke shops at the time of the passage of this ordinance shall comply fully with the ordinance by December 31, 2010. Ezisting 9.107 (C)(48) shall be renumbered to 9.107 (C)(49) and ezisting 9.107 (C)(49) shall be renumbered to 9.107 (C)(50). Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: September 14, 2009 Second Reading: September 28, 2009 Date of Passage: September 28, 2009 Offered by: Kelzenberg Seconded by: Diehm Roll Call: Ayes: Peterson, Williams, Diehm, Kelzenberg, Nays: Nawrocki i 6 ~._~ ~~- Mayor Gary L. ~'eterson t: atricia Muscovitz, C City Clerk