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TO: Mayor Richard C. Irvin
FROM: Law Department at the Request of the Rules, Administration, and Procedure Committee
DATE: December 10, 2021
SUBJECT:
An ordinance extending O21-023 until April 15, 2022 which imposes an additional requirement on new tobacco sale licensees in order to sell alternative nicotine products.
PURPOSE:
This ordinance will require new licensees that would like to sell alternative nicotine products, alternative tobacco products, or vapor products to obtain an endorsement to their license to sell these products.
BACKGROUND:
Chapter 13 provides for licensing for the sale of tobacco, cigarette, alternative nicotine products, alternative tobacco products and vapor products. In 2018, City Council amended the ordinance to add additional language to include alternative nicotine products, alternative tobacco products and vapor products as new items were being introduced in the market.
Recently, there has been a flurry of new tobacco licensees locating in the City, including in Ward 9, that have focused their business on the sales of alternative tobacco or nicotine products and vapor products. A Moratorium was passed on May 11, 2021, under O21-023 which halted any new licenses from being issued. The moratorium was set to end on November 15, 2021, however the RAP committee requested additional information and requested an additional 30 days of the moratorium until December 15, 2021. The Committee of the Whole on December 7, 2021 sent the legislation back to the RAP Committee and requested that the moratorium is extended 90-120 days to further draft the ordinance.
DISCUSSION:
Ordinance O21-23 limits the privileges automatically granted under a Chapter 13 license issued on or after May 15, 2021, to the retail sale of cigarettes, cigars, and more conventional tobacco products only. In order to sell alternative tobacco or nicotine products or vape products (as the terms are already defined in the Code), a license holder would also need to r...
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