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TO: Mayor Richard C. Irvin
FROM: Law Department on behalf of Alderman
DATE: October 15, 2021
SUBJECT:
An ordinance amending Chapter 13, specifically Sections 13-1, "Definitions" and 13-9, "Licenses and Endorsements".
PURPOSE:
The purpose of this amendment is to provide guidance for the city treasurer to issue endorsements to certain tobacco licenses upon the expiration of the six-month moratorium the Council adopted in May.
BACKGROUND:
Under Chapter 13 of the Code of Ordinances, the city treasurer issues a license to sell all tobacco, nicotine, alternative nicotine products or vapor products. Beginning in May, an additional endorsement became required to authorize the sale of alternate tobacco or nicotine or vapor for licenses first issued after May 15. Although the Council required the additional endorsement, it prohibited their issuance until November 15 to allow for additional time to consider what limitations should be placed on new merchants seeking to sell these products.
DISCUSSION:
Staff was requested by elected officials to look at establishing a distance or setback requirement for vape shops similar to those imposed by the Zoning Ordinance with respect to cannabis dispensaries. If adopted, this ordinance will limit the issuance of new endorsements sell of alternative tobacco or nicotine, or vapor products to locations which are set back a certain distance from other similar business locations. "Similar business" setback requirements also apply to certain financial institutions, pawn shops, and locations offering video gaming.
Under the Zoning Ordinance, cannabis dispensaries must be no less than 1.5 miles apart from each other, while alternative financial institutions and/or pawn shops are not to be located within 2,640 feet from the property line of another alternative financial institution and/or pawn shop. Staff makes no specific recommendation as to the amount of setback that is appropriate between businesses offering alternative tobacco or nicotine or vapor products.
RAP Committee forwarded this legislation with the distance of 2,640 feet from property line of one an alternative nicotine products or vapor product endorsement licensee to another alternative nicotine products or vapor product endorsement licensee.
As was the case since this discussion began, nothing in this ordinance would impact existing tobacco licensees. Tobacco licenses issued prior to May 15, 2021, do not require the holder to obtain an endorsement to sell these alternative products and would not be subject to this Ordinance's rules governing the issuance of endorsements.
IMPACT STATEMENT:
All new applicants will have to establish that they aren't within the prohibited setback distance of another retailer.
RECOMMENDATIONS:
That the Council deliberate on the language of the proposed ordinance and determine the amount of setback at 2,640 feet is deemed appropriate between businesses offering alternative tobacco or nicotine or vapor products.
cc: Rules, Administration and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance amending Chapter 13 of the Code of Ordinances pertaining to the licensure of retailers engaged in the business of selling certain vapor and alternate tobacco and nicotine products.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City Council adopted Ordinance O21-023 which required retailers first applying for tobacco licenses on or after May 15, 2021, to obtain a separate endorsement in order to offer alternative nicotine, alternative tobacco, or vapor products for sale; and
WHEREAS, the City Council anticipated adopting further amendments to Chapter 13 of the Code of Ordinances that would restrict or otherwise limit the issuance of endorsements authorizing the sale alternative nicotine, alternative, tobacco, or vapor products; and
WHEREAS, such further amendments are set forth in Exhibit A, which is attached to and made part of this Ordinance as if fully set forth herein;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Sections 13-1 and 13-9 of Chapter 13 of the Code of Ordinance shall be and hereby are amended as set forth in Exhibit A.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or parts of Ordinances in conflict herewith are hereby repealed insofar any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage.