ACTION REQUESTED:
Title
Communication from the City Manager and the Corporation Counsel with a Request to for a FIRST READING Review of an ORDINANCE Amending CHAPTER 18, Article 14 and CHAPTER 3, Article 20 of the CODE of the City of Peoria Pertaining to the SALE OF TOBACCO.
Body
BACKGROUND:
The State of Illinois has conferred upon the City Council of local governments the authority to determine by ordinance the restrictions centering upon the sale of tobacco. The sale of tobacco is a privilege and not a right, therefore, the City Council may enact regulations and restrictions on local tobacco licenses. The City has regulated the sale of tobacco products since 1957. While the City has licensing regulations, it has never required a Plan of Operation for tobacco retailers. Compliance checks are conducted throughout the City at tobacco retailers. A review of the citations issued that certain citations appear to be concentrated in a select few businesses. Between 2016 and the present, 5 citations were issued to 3 businesses for selling single cigarettes (a violation of Section 18-619):
2016: 0 citations
2017: 1 citation (Sheridan Foods, 2415 N. Sheridan)
2018: 3 citations (Sheridan Foods, 2415 N. Sheridan; 4 Boys, 511 Spring St.; Pit Stop, 2412 N. Sheridan)
2019: 1 citation (4 Boys, 511 Spring St.)
2020: 0 citations to date
An examination of citations where businesses were cited for selling tobacco to minors (a violation of Section 18-592) revealed the following number of citations issued:
2016: 39 citations
2017: 18 citations
2018: 14 citations
2019: 22 citations
2020: 6 citations to date
After examining the total number of tobacco licenses and the procedure for compliance checks, it appears that the majority of tobacco retailers have no issues with selling single cigarettes or selling to minors. The majority of retailers are not cited for violations. The citations tend to be concentrated in a smaller number of businesses. A procedure for requiring a plan of operation would allow for retailers that fail to comply with tobacco regulations to have additional requirements imposed while not burdening those retailers that sell tobacco products responsibly.
FINANCIAL IMPACT: None.
NEIGHBORHOOD CONCERNS: None.
IMPACT IF APPROVED: Plan of operation could be required for the issuance or renewal of a tobacco retail license; clarification on the citation and suspension/revocation procedure for licensees.
IMPACT IF DENIED: Status quo.
ALTERNATIVES:
EEO CERTIFICATION NUMBER:
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Attractive Neighborhoods with Character: Safe and Livable
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reduce crime.
DEPARTMENT: Legal