HomeMy WebLinkAbout2013-13 E-Cigarette Moratorium ORDINANCE NO. 2013-13
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
AN INTERIM ORDINANCE TEMPORARILY PROHIBITING
SMOKING LOUNGES AND VAPOR LOUNGES
THE CITY COUNCIL OF EDINA ORDAINS:
SECTION 1. DEFINITIONS: The following terms when used in this ordinance shall mean:
E-cigarette means an electronic device that converts nicotine liquid into water vapor.
The e-cigarette has three main parts: a battery, atomizer and cartridge.
Smoking lounge means a location licensed to sell tobacco products where:
(a) Except for a bona fide sale of a smoking device, providing or otherwise making
available for use by a customer, potential customer, or any other person a smoking
device for the purpose of smoking any tobacco product;
(b) Providing in exchange for a fee or any other consideration seating within or
access to the indoor area of a tobacco products shop; or
(c) Permitting within the indoor area the sampling of any tobacco product which
was not furnished by the tobacco products shop on the date and at the time the
sampling occurs.
Vapor lounge means a location that sells e-cigarettes where:
(a) Except for a bona fide sale of e-cigarettes, providing or otherwise making available for
use by a customer, potential customer, or any other person a device for the purpose of using
an e-cigarette product;
(b) Providing in exchange for a fee or any other consideration seating within or
access to the indoor area of a shop that sells e-cigarettes; or
(c) Permitting within the indoor area of a shop that sells e-cigarettes the sampling
of any e-cigarette product which was not furnished by the shop on the date and at the
time the sampling occurs.
Official Controls means ordinances and regulations which control the physical
development of the City or any part thereof or any detail thereof and implement the
general objectives of the comprehensive plan. Official controls include ordinances
establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes
and official maps.
SECTION 2. BACKGROUND: The City has not adopted specific Official Controls
for Smoking Lounges and Vapor Lounges. There are substantial concerns that the current City
zoning ordinance does not adequately address issues relating to such uses such as the appropriate
locations and the conditions under which they may be allowed within the City, including
compatibility with existing uses. As a result of the important land use and zoning issues cited above,
the City will conduct studies for the purpose of consideration of possible amendments to the City's
official controls to address the issues concerning such uses.
Ordinance No. 2013-13
Page Two
SECTION 3. INTENT: It is the intent of this ordinance to allow the City of Edina time to
complete an evaluation of Smoking Lounges and Vapor Lounges and to consider changes in the City's official
controls necessary to protect the health, safety and welfare and in the interim to preserve the status quo.
SECTION 4. TEMPORARY PROHIBITION: Pending the completion of the above
referenced study and the adoption of appropriate official controls, Smoking Lounges and Vapor Lounges are
prohibited.
SECTION S. EXEMPTIONS: The statutory exemption to this ordinance set forth in
Minnesota Statutes §462.355, Subd.4 is incorporated herein by reference.
SECTION 6. EFFECTIVE DATE: This ordinance shall take effect immediately upon its
passage and shall remain in effect until the date of the adoption of the official controls contemplated
hereunder and the repeal of this ordinance or December 17, 2014,whichever occurs first.
First Reading: December 17, 2013
Second Reading: Waived
Published: December 26, 2013
Attest
e ra A. Mangen, Oty Cer James B. Hovland, Mayor
AFFIDAVIT OF PUBLICATION City of Edina the ab: Pending the completion of
the above referenced study and the
STATE OF M I N N ESOTA (Official Publication) adoption of appropriate official con-
ss ORDINANCE NO.2013-13 troll, Smoking Lounges and Vapor
COUNTY OF HENNEPIN ) CITY OFEDINA Lounges are prohibited.
HENNEPIN COUNTY,MINNESOTA SECTION 5. EXEMPTIONS: The
Charlene Vold belts duly SWO1T1 On an oath, AN INTERIM ORDINANCE statutory exemption to this ordinance
g y TEMPORARILY PROHIBITING set forth in Minnesota Statutes §
states Or affirms that they are the Authorized SMOKING LOUNGES AND 462.355, Subd. 4 is incorporated
Agent of the newspaper(s) known as: VAPOR LOUNGES herein by reference.
THE CITY COUNCIL OF EDINA OR- SECTION 6. EFFECTIVE DATE:This
DAINS: ordinance shall take effect imme-
SC Edina diateSECTION 1. DEFINITIONS: The fol- remain in effect un its ntilthedshall
date the
lowing terms when used in this ordi- adoption of the official controls con-
and has full knowledge of the facts stated
nance shall mean: templated hereunder and the repeal E-cigarette means an electronic de-
of this ordinance or December 17,
below: vice that converts nicotine liquid into 2014,whichever occurs first.
(A)The newspaper has complied with all of water vapor.Thee-cigarette has three First Reading:December 17,2013
the requirements COr1St1[Uhn ualifica- main parts: a battery, atomizer and Second Reading:Waived
it g q cartridge. Published:December 26,2013
tion as a qualified newspaper as provided Smoking lounge means a location
by Minn. Stat. §331A.02, §331A.07, and licensed to sell tobacco products Attest
where: Debra A.Mangen,City Clerk
other applicable laws as amended. ,fames B.Hovland,Mayor
(B)This Public Notice was printed and pub- (a) Except for a bona fide sale of a
smoking device, providing or other- 12/26/13,3SC1,Ordinance 2013-13,
lished in said newspaper(s) for 1 succes- wise making available for use by a 154316
sive issues; the first insertion being on customer,potential customer,or any
other person a smoking device for
12/26/2013 and the last insertion being on the purpose of smoking any tobacco
12/26/2013. product:
(b) Providing in exchange for a fee
or any other consideration seating
within or access to the indoor area of
a tobacco products shop;or
(c) Permitting within the indoor area
B the sampling of any tobacco product
By: which was not furnished by the to-
Authorized Agent bacco products shop on the date and
at the time the sampling occurs.
Subscribed and sworn to or affirmed before Vapor lounge means a location that
me on 12/26/2013.
sells e-cigarettes where:
(a)Except for a bona fide sale of e-
cigarettes, providing or otherwise
making available for use by a cus-
tomer,potential customer,or any oth-
er person a device for the purpose of
using an e-cigarette product;
N ary Public (b) Providing in exchange for a fee
or any other consideration seating
within or access to the indoor area of
zes,�
a shop that sells e-cigarettes;or
MARY ELIZABETH KNAPP (c)Permitting within the indoor area
of a shop that sells e-cigarettes the
Notary Public Minnesota sampling of any e-cigarette product
My Commission Expires Jan 31 2018 which was not furnished by the shop
on the date and at the time the sam-
pling occurs.
Official Controls means ordinances
and regulations which control the
physical development of the City or
any part thereof or any detail thereof
and implement the general objectives
of the comprehensive plan. Official
controls include ordinances estab-
lishing zoning, subdivision controls,
site plan regulations,sanitary codes,
building codes and official maps.
SECTION 2. BACKGROUND: The
City has not adopted specific Official
Controls for Smoking Lounges and
Vapor Lounges.There are substantial
concerns that the current City zon-
ing ordinance does not adequately
address issues relating to such uses
such as the appropriate locations and
the conditions under which they may
be allowed within the City,including
compatibility with existing uses.As a
result of the important land use and
zoning issues cited above, the City
will conduct studies for the purpose
of consideration of possible amend-
ments to the City's official controls to
Rate Information: address the issues concerning such
(1)Lowest classified rate paid by commercial users uses.
for comparable space: SECTION 3. INTENT: It is the intent
of this ordinance to allow the City of
534.45 per column inch Edina time to complete an evalua-
tion of Smoking Lounges and Vapor
Lounges and to consider changes in
the City's official controls necessary
to protect the health,safety and wel-
fare and in the interim to preserve the
status quo.
Ad 1 D 154316 SECTION 4. TEMPORARY PROHI-