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Home My WebLink AboutOrdinances - ORD-19-1936 - 03/18/2019 - Moratorium on the issucance of additional Tabacco LicensesCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER ORD-19-1936 An Ordinance Imposing a Temporary Moratorium on the Issuance of Certain Additional Tobacco Licenses in the City of McHenry Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 18, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 18th day of March 2019. ORDINANCE NO. n W D _ i Q" ! 93� An Ordinance Imposing a Temporary Moratorium on the Issuance of Certain Additional Tobacco Licenses in 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, Section 14-42 of the City Municipal Code establishes and regulates tobacco dealer's licenses within the City of McHenry; WHEREAS, vapor products containing nicotine are a relatively new product, which are used as a substitute or replacement for cigarettes and other tobacco products; WHEREAS, the State of Illinois has regulated vapor products as "alternative nicotine products," treating them as tobacco products under the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act, 720 ILCS 675; WHEREAS, there is pending State legislation that would regulate vapor products more extensively, including H.B. 3877, the proposed Vapor Products Act; WHEREAS, the City Council has determined that the current liquor licensing categories are not compatible with the unique differences between traditional tobacco products and alternative nicotine products; WHEREAS, alternative nicotine products pose particular dangers not found with traditional tobacco products, including traumatic damage from explosion and ignition of vapor devices; WHERAS, nicotine may be more highly concentrated and more quickly ingested through the use of alternative nicotine products than through traditional tobacco products; WHEREAS, nicotine carries its own addiction and health risks separate from the carcinogenic effects of smoked or smokeless tobacco; WHEREAS, the United States Surgeon General has stated that vapor products carry certain health risks beyond those found in tobacco products, and that research is urgently needed to alert the public to the specific health risks associated with vapor product use; WHEREAS, the City has previously authorized the licensing of selling vapor products and alternative vapor products at retail within the City through the existing tobacco retailer's license; WHEREAS, City Council has determined that is in the best interests of the City, including the public health and safety, to limit the increase in retail locations of alternative nicotine products; WHEREAS, the City Council has also determined that specialty tobacco specialty retail businesses, including "vape shops" and other establishments selling or specializing in the sale of alternative nicotine products and/or vapor products require further study to determine proper zoning classifications and operational regulations; WHEREAS, it is in the best interest of the City and its residents that a moratorium on the approval of an occupancy permit, tobacco retailer's license, or any other development approvals or building permits for such establishments be imposed until City Staff and the Planning & Zoning Commission have an opportunity to review the existing uses and to determine the proper zoning classification and regulations for such establishments as well as the review process for locating such establishments in the City; and WHEREAS, the City of McHenry is authorized to impose this moratorium pursuant to its home rule power and 65 ILCS 5/11-13-1, et seq., for the protection of public health, safety, comfort, morals, and welfare. Moratorium, Liquor Licenses, Page 1 NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: The recitals above are incorporated into this ordinance as findings of fact of the City Council of McHenry. SECTION 2: A Moratorium through December 31, 2019 is imposed on the issuance of additional tobacco retailer's licenses and on occupancy permits and any other development approvals for establishments and uses that would require a tobacco retailer's license. SECTION 3: Waivers to this moratorium may be granted on a case -by -case basis by the Mayor; provided that such waivers restrict the tobacco retailer's license to traditional tobacco and smokeless tobacco products, and shall not permit the sale of alternative nicotine products or related paraphernalia. Any licensee receiving such a waiver shall be deemed to consent to regular and unannounced inspections to determine compliance with the conditions of the waiver. SECTION 4: Any entity claiming vested rights, denial of a waiver application, an expectancy in the issuance of a full tobacco retailer's license, or the violation of any other rights by virtue of this ordinance may appeal the application of this moratorium ordinance to the Mayor in writing. This appeal must be in writing and will be subject to the Administrative Review Law. If the appeal does not request a hearing in person, the appeal will be decided upon the written appeal itself and any materials provided in opposition to the appeal. SECTION 5: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye -A et WON, ,J Cindy, , Voting Nay:'t °- eu n Absent: Abstain: ►90041)-0-r1-1 Deoiwup-/ K h z v % C0fry, SJa,e i�y (SEAL) ! n ATTEST: Deputy City Clerk Debra Meadows Passed: _ f d Rol 6 Approved: j a aj Q APPROVED: Mayor Jett Moratorium, Liquor Licenses, Page 2 CERTIFICATION I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy City Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the j 4; day of f"Cv C � , 2019, the foregoing Ordinance entitled An Ordinance Imposing a Temporary Moratorium on the Issuance of Certain Additional Liquor Licenses in the City of McHenry, Illinois, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No.o `�71 � - including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of _ N\ &YC, 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this dda`of t�1 d C VL 2019. 1 i Debra Meadows, Deputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)