2016-03-08 P & Z Packet - Laserfiche WebLink

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Neighborhood Committee Tobacco Shop Zoning Study Page 2 of 3 tobacco department or section of any individual business establishnient with any type of liquor, food, or restaurant license. [Emphasis added] Saint Paul's zoning code permits a `tobacco shop" as a retail sales and service use in all mixed use, commercial and industrial districts except the OS Office -Service and the TN1 Traditional Neighborhood districts. The code does not include a land use definition of a "tobacco shop," nor are there any standards and criteria for the use. Tobacco shops are also required to obtain a City tobacco sales license and are regulated under Chapter 324. In most cases, businesses with a retail tobacco sales license either have another primary purpose and sale of tobacco products and related goods is accessory to the principal use, or the sales are for purely off prep uses consumption. Amending the zoning code would enable the City of Saint Paul to differentiate between businesses whose primary purpose is to sell tobacco and tobacco -related products and that may offer product sampling and the majority of businesses that sell tobacco and tobacco -related products as only a portion of their more general commercial/retail business (e.g. grocery stores, convenience stores, bars and restaurants, etc.). The Department of Safety and Inspections is also reviewing the license regulations relative to the operation of these businesses and will be proposing amendments to Chapter 324 as needed. Staff Recommendation 1. Amend Chapter 65 to include a definition of tobacco products shop consistent with state statute and to distinguish these shops from other businesses where tobacco sales are not the primary use. 2. Establish standards and conditions for the use that a. require a minimum distance between tobacco products shops, and b. provide for planning commission review of larger facilities in the BC and TN2 zoning districts, consistent with the requirement for other types of uses. Proposed Zonin Text Amendments Sec. 65.535. Tobacco products shpp. A retail establishment with a rinci al entrance door openingopenipg directly to the outside onto a pjLblic fight-of-wayfight-of-wqy that derives more than 90 ercent of its gLoss revenue from the sale of loose tobaccoplants, or herbs and ci ars cigarettes, pipes, and other smoidng devices for burning tobacco and related smokingaecessories and in which the sale of other products is merely incidental. "Tobacco pioducts sho " does not include a tobacco de artment or section of an individual business establishment with an a of li uor food or restaurant license. [The new definition is the same as that in Minnesota Statutes and will maintain consistency with state and local regulation. The reference to "public right-of-way" clarifies that the principal entrance cannot be onto private property.] Standards and conditions: (a) No tobacco roducts sho shall be located within 1/2 mile 2 640 ft. of another tobacco products sho