8691-13 Moratorium on permits to e-cig vendors

Home Browse Search

Introduced and referred to the Public Safety Committee December 2, 2013. Substitute version recommended for adoption May 5, 2014. Please substi- tute for the original. RESOLUTION NO. 8691 -13 BY: Anderson, Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. A RESOLUTION to take effect immediately provided it receives the affirmative vote of at least five members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, to impose a moratorium on the granting of building per- mits or certificates of occupancy for any building, structure, use or change of use that would enable the sale of alternative nicotine products for a period through May 19, 2014, in order to allow state regulation relative to such use to become effective. WHEREAS, the law in Ohio involving the sale of c- cigarettes and other alterna- tive nicotine products was in a state of uncertainty, as the Ohio House of Representatives was considering 130 Sub. H.B. 144, regulating such sales with respect to minors; and WHEREAS, now having been signed into law, 130 Sub. H.B. 144 becomes effec- tive August 2, 2014; and WHEREAS, as such, a moratorium through May 19, 2014 will ensure that any business involved in the sale of alternative nicotine products is not selling such products to minors; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality including restricting areas used for businesses and trades; and WHEREAS, this Council by a vote of at least five members thereof determines that this resolution is an emergency measure, that this resolution shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amend- ed Charter of the City of Lakewood and that it is necessary for the immediate preserva- tion of the public property health and safety and to provide for the usual daily operation of municipal departments in that the affected businesses are able to apply for a permit immediately notwithstanding the potential application of criminal and zoning codes; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby imposes a moratorium on the granting of building per- mits or certificates of occupancy for any building, structure, use or change of use that would enable the sale of alternative nicotine products for a period through May 19, 2014, in order to allow state regulation relative to such use to become effective.