2014-07 CITY OF RICHFIELD
STATE OF MINNESOTA
BILL NO. 2014-7
TRANSITORY ORDINANCE NO. 18.95
A ORDINANCE ESTABLISHING A MORATORIUM ON ESTABLISHMENTS ALLOWING
INDOOR SMOKING OR SAMPLING OF TOBACCO OR SIMILAR PRODUCTS AND
DIRECTING THAT A STUDY BE CONDUCTED
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Background.
1.01. 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.
1.02. The Act allows customers to sample tobacco products in certain retail
establishments as defined by state statute.
1.03. The Act allows cities to enact and enforce more stringent measures to
protect individuals from secondhand smoke.
1.04. 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.
1.05. The City's ordinances currently do not address or restrict sampling in retail
establishments.
1.06. Pursuant to its police power, the City has authority to undertake a study to
determine whether or not to adopt any restrictions on indoor smoking or
sampling.
1.07. 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.
1.08. The City Council has determined a need to undertake a study to determine
whether it should adopt such restrictions on smoking or sampling.
1.09. 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.
Sec. 2. Findings.
2.01. 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.
2.02. The study will allow the City to determine the appropriate changes, if any,
that should be made to City Ordinances.
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2.03. The City Council finds that there is a need to adopt a City-wide moratorium,
while the study referenced in paragraph 2.01 is being conducted.
Sec. 3. Authorized Study; Moratorium.
3.01. 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.
3.02. Pending completion of the study and adoption of any amendments lo 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.
3.03. 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.
3.04. The moratorium established by this Ordinance shall apply to any approval,
application, or request pending as of the effective date of this Ordinance.
3.05. The City Council may approve exceptions to this moratorium for an
application if the City Council, in its sole discretion, determines that the
approval being sought will not interfere with the purposes for which this
moratorium was adopted.
Sec. 4. Enforcement. The City may enforce this Ordinance by mandamus,
injunction or other appropriate civil remedy in any court of competent jurisdiction.
Sec. 5. Term. Unless earlier rescinded by the City Council, the moratorium
established under this Ordinance shall remain in effect until October 28, 2015.
Sec. 6. Effective Date. This Ordinance is effective as provided by Section
3.09 of the Richfield City Charter.
Ctote-/-e9'
Debbie Goettel, Mayor
ATTEST:
LA
Nancy Gib• ,City Clerk
2
AFFIDAVIT OF PUBLICATION City of Richfield
)
STATE OF MINNESOTA (Official Publica
ss SUMMARY PUBLICATION
COUNTY OF HENNEPIN ) BILL NO.2014-7
TRANSITORY ORDINANCE
Charlene Vold being duly sworn on an oath, NO.18.95
states or affirms that they are the Authorized AN ORDINANCE ESTABLISHING
A 12-MONTH MORATORIUM
Agent of the newspaper(s)known as: ON NEW ESTABLISHMENTS
ALLOWING INDOOR SMOKING
SC Richfield OR SAMPLING OF TOBACCO
OR SIMILAR PRODUCTS
On November 10, 2014, the
and has full knowledge of the facts stated Richfield City Council adopted an
below: ordinance designated as Bill No.
(A)The newspaper has complied with all of 2014-7, the title of which is stated
above. This summary of the or-
the requirements constituting qualifica- dinance is published pursuant to
tion as a qualified newspaper as provided Section 3.12 of the Richfield City
by Minn. Stat. §331A.02, §331A.07, and Charter. The purpose of the Ordi-
other applicable laws as amended. nance is to establish a 12-month
moratorium on the consideration of
(B)This Public Notice was printed and pub- any new establishments in the City
lished in said newspaper(s) for 1 succes- wishing to offer indoor smoking or
sive issues; the first insertion being on sampling of tobacco or similar prod-
11/20/2014 and the last insertion being on ucts. The ordinance also directs
that a study be conducted by City
11/20/2014. staff to determine whether or not
the City should adopt restrictions
on smoking or sampling pursuant to
its authority under state law in order
to protect its residents from the ef-
fects of secondhand smoke. Upon
By: 049,01.1114,A4-0 the completion of the study,the City
Authorized Agent will consider whether it is neces-
sary to amend its ordinances. Dur-
ing the moratorium, no approvals,
Subscribed and sworn to or affirmed before applications,or requests related to
me on 11/20/2014. new smoking or sampling establish-
ments shall be accepted by the City,
nor shall the Planning Commission
or City Council consider any such
0,,ADJA#-It. \�^ ,�A Q�y ®�^ approvals,applications or requests.
�" 1"� 1 Y w– "v1�— Existing establishments that of-
Notary Public fer sampling are exempt from the
moratorium.
Copies of the ordinance are
available for public inspection in the
office of the City Clerk during nor-
vvv w
vvvvw` � mal business hours or upon request
�c?':r'fy 1,�,. . i by calling 612-861-9881 of the Sup-
' ." pI�uuol port Services Division.
Notary r'W ^ /s/
I�> CotIN ► 81'2018 Nancy Gibbs,City Clerk
f 11/20/14,3SC2,Ord
Bill No.2014-7,311983
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