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Aurora, Illinois

File #: 21-0839    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 10/15/2021 In control: City Council
On agenda: 3/8/2022 Final action: 3/8/2022
Title: 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.
Attachments: 1. TobaccoLicenses11x17, 2. Exhibit A - Updated 2.14.22 Chapter 13 Endorsement and licensing COW, 3. VapeShopLocations11x17_20220214
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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 t...

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