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2007-988CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE N0.2007-988 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. Ba~ound and Findings: 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 is permitted 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 busincss 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. Planningand 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: a. 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; b. the density and concentration of such uses; c. the effect of such uses on other uses in the surrounding area; d. the need, if any, for modifications to the City's official controls or licensing regulations regarding such uses; and e. 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. 2 Section 3. Moratorium. A moratorium is hereby adopted and enacted prohibiting the issuance of any license for the sale of tobacco or tobacco products at a location not licensed for such sales on the effective date of this Ordinance. Pending the final effective date of this Ordinance, no licenses for the sale of tobacco or tobacco products at any location not presently licensed for such sales 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 180 days 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. 3 First Reading: Second Reading: Date of Publication: March 20, 2007 April 3, 2007 April 12, 2007 Eugene J. Maxwell, Mayor AT ST: rry O ier, City Clerk APPROVED AS TO FORM AND LEGALITY: ~~ ~ ~ a~ ity Atto ey Signature Date 4