HomeMy WebLinkAbout10.B.1 Request for an interim ordinance establishing a moratorium temporarily prohibiting establishments known as "hookah lounges" or "shisha bars" until regulatory options can be researched General Business 10, B. 1,
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Craig Robson, Captain
DATE: 12/17/2013
SUBJECT: Request for an interim ordinance establishing a moratorium temporarily prohibiting
establishments known as "hookah lounges" or "shisha bars."-Ord. No. 878 (A)
Action Sought
The Police Department is requesting Council establish an interim ordinance establishing a
moratorium temporarily prohibiting establishments known as "hookah lounges" or"shisha bars"
until regulatory options can be researched.
BACKGROUND:
The Police Department is aware that other metro area cities are experiencing problems regulating
"hookah lounges" or"shisha bars." Under a provision in the state's Clean Indoor Air Act"retail
establishments" are able to offer"sampling" of tobacco products. Under current state and city
regulations the definition of"sampling" is inadequate and subject to interpretation.
With regards to "hookah lounges", multiple individuals sample products simultaneously from a
communal water pipe. This interpretation of"sampling" violates the intent of the current state
legislation. Furthermore, many "hookah lounges" fail to meet the statutory definition of"retail
establishment",which is required to allow"sampling" in the first place.
Additionally, cities are finding that their"hookah lounges" are operating in a manner similar to
nightclubs, where they are open well past midnight and charge entrance fees. In many cases
these "hookah lounges" are violating commercial zoning regulations by operating without a
conditional use permit.
Fire code violations are also a concern. A nearby city documented violations including
overcrowding, electrical hazards, flammable materials on site, and a carbon monoxide level five
times higher than acceptable OSHA levels. Smoke and odors seeping into adjacent business and
residential spaces were also problematic regulatory issues.
The Police Department feels that it is prudent to establish a temporary moratorium while
regulatory language and options can be researched to modernize our current ordinance.
VISIONING RELATIONSHIP:
This action supports:
Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and
quality lifestyles
ALTERNATIVES;
1. Approve interim ordinance 878
2. Do not approve interim ordinance 878
RECOMMENDATION:
Alternative #1. Staff recommends alternative one.
ACTION REOUESTED:
If the Council concurs, they should, by motion, adopt ordinance 878 an interim ordinance
establishing a moratorium temporarily prohibiting establishments known as "hookah lounges" or
"shisha bars."
Attachments: 878
ORDINANCE NO. 878,FOURTH SERIES
AN INTERIM ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA
ESTABLISHING A MORATORIUM TEMPORARILY PROHIBITING
ESTABLISHMENTS KNOWN AS"HOOKAH LOUNGES" OR"SHISHA BARS"
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,ORDAINS:
Section 1. Definitions. The following term,whenever used in this Ordinance, shall
be interpreted to mean:
Hookah Lounge—An establishment run much like a bar or caf6 where patrons
share shisha(flavored tobacco) or other similar products from a communal
hookah or nargile or where patrons are served individual hookah pipes, that are
smoked on site. This definition includes,but is not limited to, establishments also
known as"hookah bars"or"shisha bars".
Section 2. Purpose and Intent:
The purpose and intent of this Ordinance is to temporarily restrict and prohibit the
establishment and operation of hookah lounges for the purpose of protecting the
planning process and the health, safety, and welfare of the citizens of Shakopee
pursuant to Minn. Stat. § 462.355, subd. 4.
It is the further intent of this Ordinance to allow the City time to complete an in-
depth study of whether the City should regulate hookah lounges and whether the
City should adopt licensing or other regulations or other official controls
regulating hookah lounges.
Section 3. Temporary Prohibition. Pending the completion of the studies referred to
above,no hookah lounges shall open or operate in the City and no permits or approvals
shall be accepted,processed, or approved for hookah lounges.
Section 4. Exception. The Ordinance does not apply to any application proposing a
retail tobacco establishment allowed under City Code that does not have a hookah
lounge.
Section 5. Authorization of Studv. The City staff is authorized to study issues
relating to hookah lounges and to consult with the appropriate advisory boards and
commissions to make a recommendation to the City Council with respect to what official
controls, if any, should be adopted by the City Council.
Section 7. Effective Date. This Ordinance is effective from and after its adoption
and publication and shall remain in effect until 180 days after its publication unless
earlier repealed by the City Council.
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Adopted in regular session of the City Council of the City of Shakopee,Minnesota held the
17"' day of December,2013.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Published in the Shakopee Valley News on the day of , 2013.
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