CR 07-030 Moratorium OrdinanceMarch 20, 2007 Council Report 2007-030
MORATORIUM ORDINANCE
Proposed Action
Staff recommends adoption of the following motion: Approve Ordinance 2007-988 establishing a
moratorium on the sale of tobacco.
This action will give the City Council an opportunity to examine the appropriate zoning and
regulations for the sale of tobacco.
Overview
The Hopkins City Council has, in recent years, been faced with issues concerning the appropriate
zoning and location for tobacco sales. In order to provide an opportunity for the City Council to fully
examine these issues, it is necessary to impose a moratorium.
A moratorium, which applies to all applicants equally, gives the Council the opportunity to objectively
study these issues without the constraint of having to consider pending license applications.
Primary Issues to Consider
• Is a moratorium necessary?
Without a moratorium the Council could be faced with the need to act on a license
application during the study process.
• Will the moratorium affect license renewals?
The moratorium ordinance does not affect any business that currently has a license.
Renewals of existing licenses will be allowed.
• How long will the moratorium last?
The moratorium is set to expire after one year. It can be extended by the City Council. If the
study is completed sooner than one year the moratorium can be ended earlier through the
adoption of an ordinance.
Supporting Information
• Ordinance 2007-988
~.,~,
es Genellie
~, ssistant City Manager
CITY OF HOPHINS
Hennepin County, Minnesota
ORDINANCE NO. 2007-988
AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING
PROCESS AND THE HEALTH, SAFETY AND WELFARE OF CITY RESIDENTS; AND
PROHIBITING THE SALE OF TOBACCO AND TOBACCO PRODUCTS
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. Background and Finding_s~.
1.01 The City Council has the power to adopt ordinances to provide for the government and good
order of the city, the prevention of crime, the protection of public and private property, the
benefit of trade and commerce, and the promotion of health, safety, order, convenience, and
the general welfare.
1.02 The legislature of the State of Minnesota has found that: (1) smoking [tobacco] causes
premature death, disability, and chronic disease, including cancer and heart disease and lung
disease; (2) smoking related diseases result in excess medical care costs; and (3) smoking
initiation occurs primarily in adolescence, and the Legislature has stated its desire to prevent
young people from starting to smoke, to encourage and assist smokers to quit, and to promote
clean indoor air. See Minn. Stat. § 144.391. The City Council adopts these finding and
affirms the Legislature's goals.
1.03 Currently, the sale of tobacco and tobacco products ispermitted in B-2 zoning districts in the
City of Hopkins, and is also allowed as an accessory use in other zoning districts.
1.04 These tobacco sales establishments may be located near residential areas, schools, churches,
cultural institutions, parks and playgrounds.
1.05 Given the harm caused by tobacco use, especially by the young, the City Council finds that
there is a need to study and re-evaluate whether the health and welfare of the citizens of
Hopkins is harmed by the location or concentration of tobacco sales establishments near
residential areas, schools, churches, cultural institutions, parks and playgrounds; or whether
the health and welfare of the citizens of Hopkins would be advanced by prohibiting or
otherwise regulating the location or concentration of tobacco sales establishments in these or
other areas.
1.06 Therefore, the City Council finds that there is a need for an interim ordinance to be adopted
for the purpose of protecting the planning process and the health, safety and welfare of the
citizens of the City and to insure that the City and its citizens retain the benefits of the City's
zoning ordinance while City staff completes such a study. The City Council also finds that
there is a need to restrict tobacco sales to current levels and locations and not expand such
sales until a study has been~completed and any modifications to the City's regulations have
been adopted. Therefore, it is not the intent of this ordinance to prohibit any business that has
a license to sell tobacco at its current location and is operating lawfully and in accordance
with all state, federal and municipal regulations, at the time of the adoption of this ordinance
from renewing such a license at that location but rather to maintain the status quo during the
pendency of the planning study.
1.07 Minnesota Statutes, Section 462.355, Subd. 4 allows the City of Hopkins to adopt this
Interim Ordinance to protect the planning process. The City Council finds that adoption of
this Interim Ordinance will protect the planning process and the health, safety and welfare of
its citizens while the Planning Study is being conducted.
Section 2. Planning and Zoning Study /Moratorium.
2.01. A study is authorized to be conducted by City staff to determine whether it is necessary to
amend the City's Existing Ordinances, Regulations and Official Controls or adopt new
ordinances relating to tobacco sales.
The scope of the study should include, but is not limited to, the following:
1. the particular zoning districts in which such uses should be allowed as either permitted
uses or conditional uses and the specific conditions which should be applicable to
tobacco sales as a conditional use;
2. the density and concentration of such uses;
3. the effect of such uses on other uses in the surrounding area;
4. the need, if any, for modifications to the City's official controls or licensing regulations
regarding such uses;
5. ~ the effect of tobacco sales establishments' proximity to residential areas, schools,
churches, cultural institutions, parks and playgrounds on the health and welfare of the
citizens of Hopkins, especially the young.
Section 3. Moratorium
A moratorium is hereby adopted and enacted prohibiting the sale of tobacco or tobacco products,
including, but not limited to, pipe -tobacco shops or other tobacco retail establishments, as a
permitted or accessory use within the City of Hopkins. Pending the final effective date of this
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Ordinance, no new licenses for the sale of tobacco or tobacco products shall be issued. This
moratorium shall not prohibit license renewals of current license holders at their current locations.
This Interim Ordinance is adopted for the purpose of protecting the planning process pending
completion of the Planning Study and the review of the completed Planning Study by the City
Council. This Interim Ordinance and the moratorium imposed hereby shall remain in effect until the
date that is one year after the effective date of this Interim Ordinance, or such earlier date as may
hereafter be established by an Ordinance duly adopted by the City Council. The term of this Interim
Ordinance and the moratorium imposed hereby maybe extended for a reasonable period of time by
Ordinance as may be necessary to complete the Planning Study authorized hereby and to adopt any
necessary modifications to the City's Ordinances, Regulations and Official Controls.
Section 4. Enforcement.
The City may enforce the provision of this Interim Ordinance or enjoin any violation thereof by
mandamus, prohibitive or mandatory injunction or any other appropriate legal or equitable remedy,
including, but not limited to, remedies and enforcement procedures provided in the statutes of the
State of Minnesota or Ordinance of the City of Hopkins, in any Court of competent jurisdiction.
Section 5. Severability.
Every section, provision or part of this Interim Ordinance is declared severable from every other
section, provision or part, and if any portion of this Interim Ordinance is held invalid or
unenforceable by a Court of competent jurisdiction, it shall not invalidate any other section,
provision or part of this Interim Ordinance.
Section 6. Effective Date.
This Interim Ordinance shall be effective the day of its publication.
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First Reading:
Second Reading:
Date of Publication:
March 20, 2007
Apri13, 2007
April 12, 2007
gene J. Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
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