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HomeMy WebLinkAbout2022-05-09 22-180 ORDINANCE22-180 05-09-2022 CITY COUNCIL ACTION Council Meeting Date: May 9, 2022 Item No: 22-180 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending the Code of the City of Bangor to Repeal Chapter 119 — Flavored Tobacco and Nicotine Products Summary This action repeals Chapter 119 of the Code of the City of Bangor, which would have banned the sale, display, marketing, and advertising of flavored tobacco products, and which would have become effective on June 1, 2022. It was discovered after the Council had voted on Chapter 119 that the City had not complied with a state law requiring a 30-day notice be sent to retail tobacco licensees doing business within the municipal corporate limits when a municipality intends to consider an ordinance that would be more restrictive than the state law on retail tobacco sales. As such, it was recommended that the ordinance in its current state not be enforced. This action removes Chapter 119 from the City Code in order to remedy the error. Committee Action Committee: Council Workshop Action: Recommended for passage Meeting Date: April 25, 2022 For: Against: Staff Comments & Approvals Staff recommends waiver of the requirement for reading on two separate days, so that the effective date of the repeal of Chapter 119 will be before Chapter 119's effective date of June 1, 2022. City Manager Introduced for: First Reading and Passage City Solicitor Finance Director 22-180 05-09-2022 CITY COUNCIL ORDINANCE Date: May 9, 2022 Assigned to Councilor: Davitt ORDINANCE, Amending the Code of the City of Bangor to Repeal Chapter 119 — Flavored Tobacco and Nicotine Products WHEREAS, it was discovered after the Council voted on Chapter 119 that the City had not complied with a state law requiring a 30-day notice to be sent to retail tobacco licensees doing business within the municipal corporate limits when a municipality intends to consider an ordinance that would be more restrictive than the state law on retail tobacco sales, and WHEREAS, as such, it was recommended by the City's legal department that Chapter 119 in its current state not be enforced, and WHEREAS, repeal of Chapter 119 removes the ordinance from the City Code, remedying the error, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is hereby amended to repeal and remove Chapter 119 — Flavored Tobacco and Nicotine Products. IN CITY COUNCIL MAY 9, 2022 COrd 22-180 Tim Surrette urged the City Council to work quickly to end the sale of flavored tobacco. Stephen Brough stated providing tobacco to minors is already against the law and did not support banning the sale to adults. Matt Dexter was in favor of reinstating this ordinance as quickly as possible. Motion made and seconded to Waive Second Reading Vote: 7 — 0 Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Passed to Waive Second Reading Motion made and seconded for Passage Vote: 7 — 0 Councilors Voting Yes: Davitt, Okafor, Schaefer, Sprague, Tremble, Yacoubagha, Fournier Passed CITY CLERK