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HomeMy WebLinkAbout08570ORDINANCE NO. 8570 AN ORDINANCE AMENDING SECTION 9-15-5(B) OF CHAPTER 15 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO LICENSING OF NON-CIGARETTE TOBACCO RETAILERS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Chapter 15 of Title IX of the Pueblo Municipal Code is hereby amended as follows: Sec. 9-15-5. Conditions of the non-cigarette tobacco product retail license. The following conditions shall apply to the licensee: (1) Minimum age for persons handling non-cigarette tobacco products. No person younger than eighteen (18) years of age while employed at a non-cigarette tobacco product retail location shall sell, stock, retrieve, or otherwise handle non-cigarette tobacco products. (2) Prohibition of self-service displays. Licensees shall stock and display all non-cigarette tobacco products in a manner so as to make all such products inaccessible to customers without the assistance of a retail clerk, thereby requiring a direct face-to-face exchange of the non-cigarette tobacco product from an employee of the business to the provided, however, this Subsection (2) shall not apply to a customer; Licensee who is a retail tobacco store as defined in Section 7-6-3(15) of the Pueblo Municipal Code and/or the Licensee ensures that the premises are not open, or accessible to persons under eighteen (18) years of age. SECTION 2. This Ordinance shall become effective upon final passage and approval. INTRODUCED: January 28, 2013 BY: Chris Kaufman PASSED AND APPROVED: February 11, 2013___ Background Paper for Proposed ORDINANCE DATE: January 28, 2013 AGENDA ITEM # R-2 DEPARTMENT: Law Department Daniel C. Kogovsek, City Attorney TITLE AN ORDINANCE AMENDING SECTION 9-15-5(B) OF CHAPTER 15 OF TITLE IX OF THE PUEBLO MUNICIPAL CODE RELATING TO LICENSING OF NON-CIGARETTE TOBACCO RETAILERS ISSUE Should the City amend the Pueblo Municipal Code relating to licensing of non-cigarette tobacco retailers? RECOMMENDATION Approve the amendment. BACKGROUND Recently, City Council approved an Ordinance enacting Chapter 15 of Title IX of the Pueblo Municipal Code requiring non-cigarette tobacco retailers in Pueblo to obtain a license from the City Clerk. A local business owner spoke in opposition to the Ordinance raising the issue of compliance in an age restricted facility. The proposed amendment addresses this concern by exempting from the self-service display prohibition those retailers who restrict entry to their premises to those over the age of eighteen (18) years of age. FINANCIAL IMPACT None.