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Council considers tighter enforcement for business certificates of use and changes to local tobacco licensing
Summary
City law department described amendments to the Certificate of Use program to improve enforcement and prevent transfer of certificates; separate tobacco-law changes would add enforcement against unlawful sales to minors and reduce the rate at which new tobacco licenses are issued.
Rob Carpenter, an attorney in the Department of Law, told councilors the legislation in Item 27 would amend the city's Certificate of Use program to align definitions with zoning, streamline administrative hearings and make clear that certificates cannot transfer when a business is sold.
Carpenter said the goal is to help the Division of Code Enforcement consistently enforce licensing for bars, restaurants, convenience stores, drug stores and smoke shops and to enable timely action against unlawful activity at those businesses.
Item 28 would amend the local tobacco law. Carpenter said it includes two substantive changes: a new enforcement mechanism enabling the Division of Code Enforcement to address unlawful sales of tobacco to minors within the city, and a change to the ratio for issuing new tobacco licenses. Under the proposed change, the division would issue one new license for every three licenses that lapsed, revoked or expired during the year (the existing rule had allowed one new license for every two that lapsed).
Carpenter said other provisions maintain proximity restrictions—commonly 750 feet—to other tobacco licenses, public schools and public parks, and that businesses grandfathered into prior rules would still be recognized, but new businesses would have to meet proximity rules. Councilors asked clarifying questions about how the new licensing cap and proximity restrictions would be applied. The law department said it had coordinated with zoning administration and code enforcement on the amendments.
Councilors indicated they were prepared to move Item 27 forward if there were no further questions. No final vote was recorded in the excerpted discussion.
