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DRAFT ORDINANCE NO. XXXX
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:
WHEREAS,
the City of Columbia Heights promotes the healthy and safety of its citizens
by encouraging a healthy lifestyle; and
WHEREAS,
the City of Columbia Heights recognizes that using and promoting the use
of tobacco and tobacco related products is not conducive to a healthy lifestyle; and
WHEREAS,
the State of Minnesota has created the Freedom to Breathe Act, which
prohibits the use of tobacco or tobacco related products inside public buildings, with the
exception of smoke shops where sampling of the product may occur prior to the purchase
of the product; and
WHEREAS,
Minnesota State Statute 144.417, subd. 4 (a) allows a statutory or home
rule charter city or county from enacting and enforcing more stringent measures to
protect individuals from secondhand smoke.
Section 2:
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
§ 9.103 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 than 90 percent of the shop’s gross revenueis from the sale
of tobacco, tobacco products or smoking related accessories.
Chapter 9, Article I, Section 9.107 (C) of the Columbia Heights City Code, is proposed to
include the following additions and deletions:
§ 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 than 90 percent 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)Sampling of lighted tobacco products is prohibited at all times.
(e)The total number of City-issued Smoke Shop Licenses shall at no
time exceed five (5).
(f)Any existing smoke shops at the time of the passage of this
ordinance shall be given a one-year amortization period to comply completely with
the ordinance.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its
passage.
First Reading: __________, 2008
Second Reading: __________, 2008
Date of Passage:
Offered by:
Seconded by:
Roll Call:
_______
Mayor Gary L. Peterson
Attest:
_______
Patricia Muscovitz, CMC
City Clerk/Council Secretary to the