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HomeMy WebLinkAboutOrdinance - 4-2014 - Moritorium Relating to E Cigarette Sampling and Lounges - 02/27/2014 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 4-2014 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY PROHIBITING ALL HOOKAH LOUNGES, E CIGARETTE LOUNGES, RELATED LOUNGES AND E CIGARETTE SAMPLING; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA ORDAINS: Section 1. Findings and Intent. The City of Eden Prairie ("City")hereby finds that: (1) E Cigarettes and related products have surged in popularity but information and regulation have lagged behind. Despite the fact that a cigarettes have been sold for several years there is little information regarding their safety. (2) There are more than 250 types of a cigarettes on the market and the ingredients vary widely. There have been no large scale tests or studies to examine the various ingredients used to determine their safety. (3) There are no regulations relating to the packaging of a cigarettes. (4) There is no evidence on whether or not a cigarettes assist people in quitting smoking tobacco cigarettes. (5) The City's current regulations do not adequately address a cigarettes due to their recent development and the lack of information about them. (6) Hookah lounges are establishments where patrons share shisha(flavored tobacco) or other similar products from a communal hookah or nargile or where patrons are served individual hookah pipes that are smoked on site. (7) Hookah lounges have become popular establishments. However, little regulation exists due to their fairly recent emergence in the area. (8) The City Council finds that in order to protect the planning process and the health, safety and welfare of the general public the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with hookah lounges,a cigarettes lounges, and related lounges. This study will include review of scientific and factual data relating to shisha, a cigarettes and related devices and products,their composition and their risks; review of actions taken by other governmental entities relating to hookah lounges, e cigarette lounges and related lounges; and analysis of the options relating to hookah lounges, a cigarette lounges, and related lounges available to the City in order to protect the planning process and the health, safety and welfare of the general public. Section 2. Authorization. Pursuant to Minn. Stat. §462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year(subject to exceptions as stated in Section 462.355),while the City is conducting studies,or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating, restricting, or prohibiting any use, development or subdivision within the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to determine what amendments to the City Code will be required to deal effectively with hookah lounges, a cigarettes lounges, and related lounges. This study will include review of scientific and factual data relating to shisha, a cigarettes and related devices and products, their composition and their risks; review of actions taken by other governmental entities relating to hookah lounges, a cigarette lounges and related lounges; and analysis of the options relating to hookah lounges, a cigarette lounges, and related lounges available to the City in order to protect the planning process and the health, safety and welfare of the general public. Section 4. Study Area. This Interim Ordinance shall apply to all property within the City. Section 5. Interim Ordinance. Pending the completion of the above-referenced Study, and the adoption of appropriate official controls, for a period of one year (subject to exceptions as stated in Section 462.355) after the Effective Date of this Ordinance,there shall be no use, development or subdivision of property for hookah lounges, a cigarette lounges or related lounges within the City and no applications shall be accepted,processed or approved for use of property for hookah lounges, a cigarette lounges or related lounges within the City. In addition,there shall be no"sampling"of e cigarettes in retail establishments. Section 6. Exceptions. This moratorium shall not apply to hookah lounges, a cigarette lounges or related lounges in operation as of the date of this Ordinance. Section 7. Enforcement. The City may enforce this Ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 9. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 18t" day of February, 2014, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 181h day of February,2014. K leen Porta, City Clerk yra-L ke s, a r Published in the Eden Prairie News on the 27t"day of February, 2014. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 4-2014 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA TEMPORARILY PROHIBITING ALL HOOKAH LOUNGES, E CIGARETTE LOUNGES, RELATED LOUNGES AND E CIGARETTE SAMPLING; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: The following is only a summary of Ordinance No. 4-2014. The full text is available for public inspection by any person during regular office hours at the Office of the City Clerk. SUMMARY: The Ordinance temporarily prohibits establishment of all hookah lounges, e cigarette lounges, related lounges and a cigarette sampling for a period of up to one year providing adequate time for the City to conduct a study to determine what amendments to the City Code will be required to deal effectively with such lounges. EFFECTIVE DATE. This Ordinance shall take effect upon publication. ATTEST: Kathl en Porta, City Clerk yra ken , M or PUBLISHED in the Eden Prairie News on February 27, 2014.