ACTION REQUESTED:
Title
REVISED Communication from the City Manager and the Interim Corporation Counsel with a Request to Adopt one of the following:
A. An ORDINANCE Amending CHAPTER 18 of the CODE of the City of Peoria, increasing the distance of sale of tobacco from a school, prohibiting the sale of e-cigarette to a minor, and prohibiting the possession or sale of drug paraphernalia, new distance restriction will not apply to any location of a current cigarette licensee located within 350 feet as long as the cigarette license for that location has not been revoked for cause.
B. An ORDINANCE Amending CHAPTER 18 of the CODE of the City of Peoria, increasing the distance of sale of tobacco from a school, prohibiting the sale of e-cigarette to a minor, and prohibiting the possession or sale of drug paraphernalia, new distance restriction will not apply to a current licensee located within 350 as long as the cigarette license has not been revoked for cause and the licensee continues to qualify for a renewal. The distance restriction will not apply to a current licensee that is a gas station located within 350 feet.
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BACKGROUND: (Revised) During a walk through his district on Wisconsin Avenue, 3rd District Councilmember Riggenbach found a tobacco store located close to a school, but since it was located more than 100 feet from a building used for school purposes, the store was licensed by the City to sell cigarette, tobacco and tobacco products. Upon a walk through a tobacco store, Councilmember Riggenbach found items that were labeled as "bongs" and other assorted drug paraphernalia displayed so openly for sale, but with the label, "For tobacco use only."
The proposed revised amendment to Chapter 18 of the City Code will address these concerns by increasing the distance that a business that sells tobacco or tobacco products can be from a school to 350 feet from property line to property line, prohibiting the sale of electric cigarettes to minors, and prohibiting the possession or sale of drug paraphernalia items such as small glass tubes that are generally sold with a rose inside, but commonly used as a crack pipe. The change in distance will not apply to a location of a business currently licensed to sell tobacco or tobacco products and located more than 100 feet, but within 350 feet, as long as cigarette license for that location has not been revoked.
There are only 7 out of 138 businesses with cigarette licenses that will be affected by the increased distance from 100 feet to 350 feet. Under Option A, the locations of these sites will be grandfathered from the new distance requirement as long as the cigarette license at that site has not revoked, so there will be no negative impact on the business owner from selling or rebuilding the store as long the cigarette license has not been revoked. Under Option B, the current licensees of these sites that continue to qualify for renewal of the cigarette licenses will remain exempted as long as the cigarette license held by the licensee has not been revoked. In addition, under Option B, the locations for current licenses that are gas stations are exempted from the new distance requirement regardless of whether the business is sold.
The enforcement of the sale of the paraphernalia items labeled for tobacco use or as novelty items will be initiated after the Police Chief orders these items to be removed from the stores within 14 days. In addition, any location that has its cigarette license revoked for cause will not be issued another cigarette license for a one-year "freeze" period.
The initial proposal for changes to Chapter 18 was submitted to the City Council for the first reading on May 13, 2014 without any objections from members of the City Council, but due to concerns raised the May 13th meeting, the amendments were revised as indicated as well as the presentation of the two option. The sale of alternative narcotic substance including e-cigarettes to minors is prohibited under state law that came into effect on January 1, 2014.
FINANCIAL IMPACT: Not applicable.
NEIGHBORHOOD CONCERNS: Improve neighborhoods near businesses that sell tobacco products since drug paraphernalia items cannot be openly displayed and sold in the public.
IMPACT IF APPROVED: No new tobacco store can be located within 350 feet from a school, e-cigarette cannot be sold to a person under the age of 18 years, and the sale of drug paraphernalia will be prohibited.
IMPACT IF DENIED: Continue to allow new businesses that sells cigarettes and tobacco to locate close to a school and allow drug paraphernalia items labeled "For tobacco use only" to be sold at businesses.
ALTERNATIVES: N/A.
EEO CERTIFICATION NUMBER: Not applicable
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