NUMB:
961029
VERS:
SUBSTITUTE 2
REF:
XXBY:
ALD. PAWLINSKI, NARDELLI, KALWITZ, SCHERBERT, BREIER,
D'AMATO, MURPHY, RICHARDS AND BUTLER
TITL:
A substitute ordinance relating to the zoning of cigarette stores.
SECS:
295-7-29.5 cr
295-7-147-y am
295-223-7-c cr
295-313-7 cr
295-323-7 rc
295-333-7-h cr
295-343-7-c cr
295-413-7-g am
295-423-7-d cr
295-433-7-d cr
295-453-7-f cr
295-463-7-e cr
295-473-7-d cr
295-513-7-j cr
295-523-7-j cr
ANLS:
- Analysis -
This ordinance removes stores primarily engaged in the sale of cigarettes from the definition of "general retail establishments" and defines a new term, "cigarette store," for purposes of applying zoning regulations to such businesses. The ordinance also specifies criteria that may be used to determine if an establishment fits the definition of "cigarette store." In addition, the ordinance designates cigarette stores as a special use in all zoning districts in which they are presently a permitted use or special use under the "general retail establishments" definition.
BODY:
Whereas, Because of the high-value/low-bulk nature of tobacco products, stores primarily engaged in selling cigarettes are prone to occurrences of "smash-and-grab" theft; and
Whereas, By increasing the visibility and availability of tobacco products, cigarette stores located in or near residential neighborhoods can adversely affect children living in those neighborhoods; and
Whereas, The common practice of placing bars over cigarette store windows detracts from the appearance of the neighborhoods in which such stores are located; and
Whereas, The recent, rapid proliferation of cigarette stores in the city of Milwaukee means that the potential for these problems to become serious is increasing; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-7-29.5 of the code is created to read:
295-7. Definitions.
29.5. CIGARETTE STORE: An establishment in which the primary activity is the retail sale of cigarettes, as defined in s. 139.30(1), Wis. Stats. For purposes of this subsection, any one or more of the following may be considered evidence that an establishment's primary activity is cigarette sales:
a. More than 50% of the establishment's on-site or print advertising relates to cigarettes.
b. Cigarettes account for more than 50% of the establishment's on-site inventory, measured in terms of volume of space occupied.
c. Cigarettes account for more than 50% of the establishment's gross sales, measured in terms of dollars.
d. Cigarettes are purchased by more than 50% of the persons who purchase items from the establishment.
Part 2. Section 295-7-147-y of the code is amended to read:
147. RETAIL ESTABLISHMENTS, GENERAL.
y. Tobacco products >>, excluding cigarette stores<<.
Part 3. Section 295-223-7-c of the code is created to read:
295-223. Special Uses.
7. RETAIL SALES.
c. Cigarette stores.
Part 4. Section 295-313-7 of the code is created to read:
295-313. Special Uses.
7. RETAIL SALES. Cigarette stores.
Part 5. Section 295-323-7 of the code is repealed and recreated to read:
295-323. Special Uses.
7. RETAIL SALES. a. Antique or secondhand stores.
b. Cigarette stores.
Part 6. Section 295-333-7-h of the code is created to read:
295-333. Special Uses.
7. RETAIL SALES.
h. Cigarette stores.
Part 7. Section 295-343-7-c of the code is created to read:
295-343. Special Uses.
7. RETAIL SALES.
c. Cigarette stores.
Part 8. Section 295-413-7-g of the code is amended to read:
295-413. C9A (High Density Residential): Special Uses.
7. RETAIL SALES.
g. Tobacco shops >>, including cigarette stores<<.
Part 9. Section 295-423-7-d of the code is created to read:
295-423. C9B (Residential and Specialty Use): Special Uses.
7. RETAIL SALES.
d. Cigarette stores.
Part 10. Section 295-433-7-d of the code is created to read:
295-433. C9C (Neighborhood Retail): Special Uses.
7. RETAIL SALES.
d. Cigarette stores.
Part 11. Section 295-453-7-f of the code is created to read:
295-453. C9E (Major Retail): Special Uses.
7. RETAIL SALES.
f. Cigarette stores.
Part 12. Section 295-463-7-e of the code is created to read:
295-463. C9F (Office and Service): Special Uses.
7. RETAIL SALES.
e. Cigarette stores.
Part 13. Section 295-473-7-d of the code is created to read:
295-473. C9G (Mixed Activity): Special Uses.
7. RETAIL SALES.
d. Cigarette stores.
Part 14. Section 295-513-7-j of the code is created to read:
295-513. Special Uses.
7. RETAIL SALES.
j. Cigarette stores.
Part 15. Section 295-523-7-j of the code is created to read:
295-523. Special Uses.
7. RETAIL SALES.
j. Cigarette stores.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB96413.3
JDO
1/22/97CEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
DFTR:
LRB96413.3
JDO
1/22/97