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HomeMy WebLinkAboutOrdinances - MC-19-1208 - 10/07/2019 - Ch 14 - Offenses - Licensing for Tobacco CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance MC-19-1208 AN ORDINANCE AMENDING CHAPTER 14 OFFENSES- MISCELLANEOUS OF THE MUNICIPAL CODE OF THE CITY OF MCHENRY, ILLINOIS Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois October 7,2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County,Illinois this 8th day of October,2019. Ordinance MC-19-1208 AN ORDINANCE AMENDING CHAPTER 14 OFFENSES-MISCELLANEOUS OF THE MUNICIPAL CODE OF THE CITY OF MCHENRY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS,the City of McHenry has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety and welfare of its citizens; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS,AS FOLLOWS: SECTION 1: The foregoing recitals are incorporated into this Ordinance as findings of fact of the City Council of McHenry. SECTION 2: That Chapter 14 Offenses Miscellaneous Article I In General of the City of McHenry Municipal Code is hereby amended by deleting (2) License Required in its entirety and replacing it with the following language: "(2) License required. It shall be unlawful to sell or offer for sale at retail, to give away or keep with the intention of selling at retail, giving away or delivering tobacco products, electronic cigarettes or their components, alternative nicotine products or liquid nicotine and smoking herbs within the City without having first obtained a tobacco dealer's license. Such license shall be in addition to any other license required by the Municipal Code of the City of McHenry." SECTION 3: If any provision of this Ordinance,or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, is severable, unless otherwise provided by this Ordinance. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 7th day of October, 2019. Ayes Nays Absent Abstain Alderwoman Baehne X Alderman Devine X Alderman Glab X Alderman Mihevc X Alderwoman Miller X Alderman Santi k Alderman Schaefer k 4-1411a. Wayne Jett, Mayor Monte Johnson, 6eputy City Clerk