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9. Health & Human Services Committee report regarding meeting held March 4, 2019. (to <br /> be provided) <br /> The Health & Human Services Committee met this evening, present were Director <br /> Gelsomino, Law Director Butler, Chief Gilman, several representatives of the County Health <br /> Department including Commissioner Terry Alan, Wendy Hyde from Tobacco 21, several <br /> members of the public as well as a premium purveyor of tobacco products here in Lakewood. <br /> First on our agenda was Ordinance 44-18 regarding mobile food service operations. Some <br /> adjustments were made from the original version of this legislation including an application <br /> fee of $150 annually that the permitting would begin on a calendar year basis — so the <br /> Ordinance would not take effect until January 1, 2020. The Health Department also had <br /> several changes regarding ease of use, some clarifications and housekeeping-type things. <br /> Ultimately, the Committee moved to recommend adoption as substituted this evening. <br /> Second on our agenda was Ordinance 76-18 regarding cigarette and tobacco vendors and <br /> sales to persons under age 21. There were three adjustments to the ordinance as originally <br /> proposed that were discussed in Committee. One was to add the Board of Health as the <br /> permitting agent. Second was to strike the criminal penalty provision found in proposed <br /> Section 1727.99. Third was to repeal the existing Section 521.14 due to its being duplicative. <br /> After robust discussion, the Committee did move to recommend adoption as substituted, <br /> though I believe there are still remaining questions regarding the federal ramifications of the <br /> ordinance. <br /> Motion by Mr. Litten, seconded by President O'Leary to receive and file the oral report. <br /> Discussion: President O'Leary referenced the Committee discussion in which Section 521.14 <br /> was mentioned as possibly being duplicative. He reiterated that he does not believe it is <br /> duplicative, but rather empowering the City to enforce its own ordinance. <br /> Mr. Litten remarked that the issue was not able to be sorted out in Committee because <br /> President O'Leary and Director Butler were not in the meeting at the same time. <br /> Director Butler remarked that 521.14 regarding underage sales has not been enforced locally. <br /> State agents have enforced the similar state Code in Lakewood. He recommended that the <br /> committee omit 521.14 for clarity in the Code and explained why. <br /> On the motion: all members voting yea. Motion passed. <br /> 10. ORDINANCE 76-18 - AN ORDINANCE to take effect at the earliest period allowed by <br /> law, enacting Chapter 1727, Cigarette and Tobacco Vendors; Sales to Persons Under 21, <br /> of the Codified Ordinances of the City of Lakewood in order to amend and create <br /> 5 <br />