Title
Amending the Legislative Code, Chapter 65, land use definitions and development standards, and Chapter 66, zoning district uses, pertaining to tobacco shops.
Body
Amended March 16, 2011
Tobacco Product Shop Zoning Amendments
An ordinance amending the Legislative Code, Chapter 65, land use definitions and development standards, and Chapter 66, zoning district uses, pertaining to tobacco products shops.
WHEREAS, On May 12, 2010, the City Council adopted Resolution 10-496, enacting a moratorium on the issuance of zoning permits or approvals, building permits, and occupancy certificates for any tobacco shop, and directed the Planning Commission to study the present zoning regulation of tobacco shops and, if needed, recommend amendments to the present zoning regulations and official controls; and
WHEREAS, Minnesota Statutes prohibit smoking in most indoor places, with an exception for sampling of tobacco products in a tobacco products shop, which is defined; and
WHEREAS, the zoning code permits tobacco shop as a retail sales and service use in all mixed use, commercial and industrial districts except the OS office-service and TN1 traditional neighborhood districts, but does not define tobacco shop or provide any special standards and criteria for the use; and
WHEREAS, amending the zoning code to define tobacco products shop consistent with state statutes would differentiate between businesses whose primary purpose is to sell tobacco products that may offer product sampling and the majority of businesses that sell tobacco and tobacco-related products as only a portion of their more general commercial/retail business; and
WHEREAS, the City Council conducted a public hearing on the proposed tobacco product shop amendments, at which all interested parties were given an opportunity to be heard, notice of which was published in the Legal Leger and was mailed to the City’s Early Notification System;
THE COUNCIL OF THE CITY OF SAINT PAUL DOES HEREBY ORDAIN:
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