Label
Modifications to TMC Chapter 11
Tobacco Shops
Zoning & Planning Committee
Title
Amending Toledo Municipal Code (TMC), Part 11, Chapters 1104.0400 Use Table, 1104.1700 adding locational criteria, and 1116 Terminology for Tobacco Shops; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
By passage of Ordinance 410-24, Toledo City Council requested a study to research the history and future establishment of Tobacco Shops in the City of Toledo, to examine the secondary effects that they have on city residents and city neighborhoods, to study the effects of such products on citizens, and to determine whether the adoption of regulations relating to such products are warranted by the Toledo City Plan Commission. Within the Ordinance, specific concerns about the proliferation of Tobacco Shops, the public health and safety of citizens and neighborhoods, and additional standards and possible text amendments to better regulate Tobacco Shops were identified. Plan Commission Staff completed a study to address City Council concerns regarding Tobacco Shops.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Chapter 1104.0400, which reads as follows:
See Exhibit A attached.
Is hereby repealed.
SECTION 2. That a new Toledo Municipal Code, Chapter 1104.0400 shall read as follows:
See Exhibit B attached.
SECTION 3. That Toledo Municipal Code, Chapter 1104.1700, which reads as follows:
1104.1700 | Tobacco Shops
The following standards apply to tobacco shops.
1104.1701 Location
A tobacco shop shall not be located within 500 feet of any of the following uses: school, public park, public library, child day care center, or other use established specifically for the activities of minors.
1104.1702 Hours of Operation
The hours of operation of a tobacco shop may be limited to 5:30 a.m. to 1 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, as a condition of development approval. Particular attention will be given to tobacco shops located adjacent to any residential district.
Is hereby repealed.
SECTION 4. That a new Toledo Municipal Code, Chapter 1104.1700 shall read as follows:
1104.1700 | Tobacco Shops
The following standards apply to tobacco shops.
1104.1701 Location
A. A Tobacco Shop shall not be located within 1,000 feet of any of the following uses: school, public park, public library, child day care center, or other use established specifically for the activities of minors.
B. A Tobacco Shop shall not locate within 2,000 feet of any other existing tobacco shop.
1104.1702 Hours of Operation
The hours of operation of a tobacco shop may be limited to 5:30 a.m. to 1 a.m., or other hours consistent with a liquor permit issued by the State of Ohio, as a condition of development approval. Particular attention will be given to tobacco shops located adjacent to any residential district.
1104.1703 Exceptions
Section 1104.1700 through 1104.1701 shall not apply to the locations of current legal tobacco shops operating prior to the passage of this section, but no tobacco shop may move to a different location except as provided in Sections 1104.1700 through 1104.1701.
SECTION 5. That Toledo Municipal Code, Chapter 1116, which reads as follows:
CHAPTER 1116 - TERMINIOLOGY
1116.0195 Tobacco paraphernalia Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, and any other item designed for the smoking, use or ingestion of tobacco products.
1116.0196 Tobacco products Any substance containing any tobacco leaves, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing.
1116.0249 Tobacco Shop Any retail establishment that devotes 33 percent or more of floor area or display area to the sale or exchange of retail packaged tobacco products and/or tobacco paraphernalia. The use of the remaining floor area will be subject to Section 1104.0105 Developments with Multiple Principle Uses. (Ord. 154-15. Passed 03-31-15.)
Is hereby repealed.
SECTION 6. That a new Toledo Municipal Code, Chapter 1116 shall read as follows:
Chapter 1116 | Terminology Sec. 1116.0100 | General Terms
1116.0115 Channel The portion of a river reserved for navigation of boats.
1116.0115.1 Cigarettes includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet, or any similar materials other than cigar tobacco.
1116.0132.4 EV Charging Infrastructure Electrical and other components designed to enable charging operations but not necessarily directly used to charge batteries such as generators, transformers, mini-substations, and other similar structures. (Ord. 78-23. Passed 2-21-23.)
1116.0132.5 Electronic smoking product Any noncombustible product, other than a cigarette or tobacco product, that (1) contains or is designed to use vapor products and (2) employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from the vapor product. "Electronic smoking product" includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar product or device, but does not include any product regulated as a drug, device, or combination product under Chapter V of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq.
1116.0195 Tobacco paraphernalia Papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, vaporizers, and any other item designed for the smoking, use or ingestion of tobacco and/or vapor products.
1116.0196 Other tobacco products Any product made from tobacco, other than cigarettes, that is made for smoking or chewing, or both, and snuff.
1116.0199 Utility Trailer Any vehicle designed and constructed in such a manner, mounted on wheels or a motor vehicle, so it can be drawn or carried upon streets or highways whose primary purpose is to haul personal property or other property or materials and is licensable as a utility trailer under Ohio Motor Vehicle licensing law for use on highways or streets.
1116.0199.1 Vapor product Any liquid solution or other substance that (1) contains nicotine and/or (2) is depleted as it is used in an electronic smoking product. "Vapor product" does not include any solution or substance regulated as a drug, device, or combination product under Chapter V of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq.
1116.0199.2 Vegetated Swale A Vegetated Swale is a long and narrow channel planted with a variety of trees, shrubs, and grasses. Stormwater runoff from impervious surfaces is directed through the swale, where it is slowed and, in some cases, infiltrated, allowing pollutants to settle out.
Chapter 1116 | Terminology Sec. 1116.0200 | Use Categories
1116.0249 Tobacco Shop Any retail establishment that devotes 33 percent or more of floor area or display area to the sale or exchange of retail packaged tobacco products, vapor products, electronic smoking products, and/or tobacco paraphernalia. The use of the remaining floor area will be subject to Section 1104.0105 Developments with Multiple Principle Uses. (Ord. 154-15. Passed 03-31-15.)
SECTION 7. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council