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HomeMy WebLinkAbout20110606 - VII-8 & VIII-C-3 City Council Memorandum To: Mayor Hicks & City Councilmembers From: Melanie Mesko Lee, Assistant City Administrator Date: May 11, 2011 Item: Proposed Ordinance Amendments Council Action Requested: Approve the first reading and order a public hearing/second reading for June 6, 2011 to consider some clarifying ordinance amendments. Background Information: Staff continues to review ordinance language to ensure consistency with statutory language as well as clarifying ambiguity. Proposed for Council consideration is an amendment to Chapter 112 relating to definition of tobacco products in compliance with statutory language. Additionally, Council is requested to consider some fee clarifications. Fees associated with copying, faxing, and mailing are in line with statutory requirements for cities offering these services. The fee for the gambling investigation is a clarification of a fee the City previously adopted for two-year gambling premises permits which are issued concurrently by the City and state. Financial Financial Impact: It is expected that there will be minimal revenue with the proposed fee adjustments. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Proposed ordinance amendments CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2011-___, THIRD SERIES An Ordinance of the City of Hastings Regulating Tobacco and Tobacco Products BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS: HASTINGS CITY CODE CHAPTER 112, SECTION 112.02 IS AMENDED AS FOLLOWS: § 112.02 DEFINITIONS. The definition of TOBACCO OR TOBACCO PRODUCTS shall be deleted in its entirety and replaced with the following: TOBACCO OR TOBACCO PRODUCTS means any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. Tobacco or tobacco products excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was adopted by a majority of all Council members present. Adopted by the Hastings City Council on this ____ day of ________, 2011, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: _________________________ Melanie Mesko Lee, City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of ______, 2011, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City City Clerk ORDINANCE NO. 2011-, -THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 34 OF THE HASTINGS CITY CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Sections 34.03 of the Hastings City Code shall be amended as follows. The fees for Lawful Gambling Premise Permit, copying, faxing, and mailing are set forth below. LICENSE FEE Lawful Gambling Premise Permit $75.00/year investigation fee Copying $.25/page for black and white $.50/page for colored Faxing $1.00/page local; $1.50/page long distance Mailing Cost of copying plus postage ALL OTHER SECTIONS SHALL REMAIN UNCHANGED Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was adopted by all Council members present. Adopted by the Hastings City Council on this day of , 2011, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ____ day of ______, 2011, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk