HomeMy WebLinkAboutOrdinance 1805 - WR Code of Laws - Tobacco Retail BusinessCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 20
ORDINANCE NO. 1805 Series 2024
TITLE: AN ORDINANCE AMENDING SECTION 11-534 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TOBACCO RETAIL BUSINESSES
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and
WHEREAS, the Council wishes to amend Code of Laws section 11-534(d) to include the possibility of a successor owner of a tobacco retail business at the same location when distance restrictions from schools and youth-oriented facilities apply.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-534(d) is amended to read as follows:
(d) A tobacco product retailer operating lawfully on effective date. Atobacco product retailer operating lawfully on the effective date of thisarticle, as adopted by Ordinance 1710, Series 2021, which retailer ORWHICH SUCCESSOR IN INTEREST TO SUCH RETAILER BY
PURCHASE OF THE TOBACCO RETAIL BUSINESS AT THAT SAME
LOCATION is ineligible to receive or renew a tobacco product retaillicense for a location pursuant to subsection (c) of this section and anylicensee operating lawfully who becomes ineligible to receive or renewa license due to the creation of a new PUBLIC OR PRIVATE school OR
YOUTH-ORIENTED FACILITY AS SET FORTH IN SUBECTION 11-
534(c), may apply for a license for the location pursuant to the standardlicense application procedure described in section 11-535. Thisexception to applicability of the one thousand (1,000) feet restriction islost in the event the affected tobacco product retailer is not open for
business for one (1) year or more.
Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 23rd day of September 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for October 14, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0, this 14th day of October 2024.
SIGNED by the Mayor on this 29th day of October 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
Approved as to Form
______________________________
Gerald E. Dahl, City Attorney
First Publication: September 24, 2024 Second Publication: October 15, 2024 Effective Date: October 31, 2024
Published: Jeffco Transcript and www.ci.wheatridge.co.us