14-10994r CITY OF RICHFIELD
STATE OF MINNESOTA
RESOLUTION NO. 10994
A RESOLUTION ESTABLISHING A MORATORIUM ON ESTABLISHMENTS
ALLOWING INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR
PRODUCTS AND DIRECTING THAT A STUDY BE CONDUCTED
WHEREAS, the Minnesota Clean Indoor Air Act ("Act") was enacted to
protect employees and the general public from the hazards of secondhand smoke
by eliminating smoking in public places; and
WHEREAS, the Act allows customers to sample tobacco products in certain
tobacco retail establishments as defined by state statute; and
WHEREAS, the Act allows cities to enact and enforce more stringent
measures to protect individuals from secondhand smoke; and
WHEREAS, the City has at least two existing establishments offering
sampling of tobacco or related products and has received at least one inquiry about
a potential establishment that would allow indoor smoking or sampling; and
WHEREAS, the City's ordinances currently do not address or restrict
sampling in retail establishments; and
WHEREAS, pursuant to its police power, the City has the authority to
undertake a study to determine whether or not to adopt any restrictions on indoor
smoking or sampling; and
WHEREAS, the City may also, pursuant to its general police power and
authority under the Act, enact and enforce restrictions on smoking, including
sampling, within the City to protect the health, safety and welfare of its residents;
and
WHEREAS, the City Council has determined a need to undertake a study to
determine whether it should adopt such restrictions on smoking or sampling; and
WHEREAS, upon completion of the study, the City Council, together with
such city commissions as the City Council deems appropriate or as may be required
by law, will consider the advisability of amending its ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF RICHFIELD, MINNESOTA as follows:
1. The City Council finds that it is necessary to conduct a study to determine
whether the City should prohibit or restrict smoking or sampling of tobacco or similar
products in order to protect the health and welfare of the residents.
2. The study will allow the City to determine the appropriate changes, if any,
that should be made to City Ordinances.
3. The City Council finds that there is a need to adopt a City-wide moratorium,
while the study referenced in paragraph 1 of this resolution is being conducted.
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4. A study is authorized to be conducted by City staff, to be followed by
consideration of potential changes to the City's Ordinances by the City Council and
such other commissions of the City as required by law or as directed by the City
Council.
5. Pending completion of the study and adoption of any amendments to the
City's ordinances, the City Council finds that this moratorium should apply to any
new retail establishments requesting to allow smoking or sampling of tobacco or
similar products.
6. During the period of the moratorium, no approvals, applications, or requests
related to new smoking or sampling establishments shall be accepted by the City,
nor shall the Planning Commission or City Council consider or grant any such
approvals, applications or requests.
7. The moratorium established by this resolution shall apply to any approval,
application, or request pending as of the date of this resolution.
8. Unless earlier rescinded by the City Council, the moratorium established
under this resolution shall remain in effect until October 28, 2015.
9. This resolution is effective upon adoption.
\ river
rah oettel, Mayor
ATTEST:
-111,divtA )1jbOtO
Nancy Gib , City Clerk
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