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Record #: O2022-1756   
Type: Ordinance Status: Introduced
Intro date: 5/25/2022 Current Controlling Legislative Body: Committee on License and Consumer Protection
Final action:
Title: Amendment of Municipal Code Chapter 4-64 by adding new Sections 4-64-518 and 4-64-519 regarding requirements for prohibiting issuance of additional retail tobacco dealer licenses
Sponsors: Napolitano, Anthony V., Nugent, Samantha , Hairston, Leslie A., Quinn, Marty, Reboyras, Ariel, Scott, Jr. Michael, Taliaferro, Chris, King, Sophia D., Villegas, Gilbert, Curtis, Derrick G., Tabares, Silvana, Hadden, Maria E. , Cappleman, James, Mitts, Emma, Sadlowski Garza, Susan, Rodriguez, Michael D., Coleman, Stephanie D. , Ramirez-Rosa, Carlos, Lopez, Raymond A., Brookins, Jr., Howard, Harris, Michelle A., Austin, Carrie M., Sposato, Nicholas, Vasquez, Jr., Andre, Cardona, Jr., Felix , Taylor, Jeanette B. , Osterman, Harry, Sawyer, Roderick T., Ervin, Jason C., Hopkins, Brian , Gardiner, James M. , Sigcho-Lopez, Byron, Rodriguez Sanchez, Rossana , Cardenas, George A., Beale, Anthony, Burke, Edward M., Waguespack, Scott, O'Shea, Matthew J., Moore, David H., Dowell, Pat
Topic: MUNICIPAL CODE AMENDMENTS - Title 4 - Businesses, Occupations & Consumer Protection - Ch. 64 Tobacco Dealers
Attachments: 1. O2022-1756.pdf
Sections 4-64-518 and 4-64-519 regarding requirements for prohibiting issuance of additional retail tobacco dealer licenses
Committee on License and Consumer Protection
ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1. Section 4-64 of the Municipal Code of the City of Chicago is hereby amended by inserting new Sections4-64-518 and 4-64-519 as follows:

4-64-518 Ordinance prohibiting issuance of additional retail tobacco dealer licenses - Requirements - Procedure.
Notwithstanding any other provision of this chapter, the city council mayfrom time to time prohibit the issuance of additional retail tobacco dealer licenses in a specified area ofthe city, subject only to the conditions and procedures described in this section.
An ordinance to prohibitthe issuance of additional retail tobacco dealer licenses in specified area must:

identify the area by boundaries; and
cover an area including no less than two contiguous city blocks; and
contain a description of the conditions requiring the prohibition on the issuance of new licenses. For any such area established by ordinance, both sides of each street forming the boundary of the area will be considered as within the area unless otherwise specifically stated in the ordinance establishing the area; provided, however, that (a) if an area is described by boundaries, the boundaries shall be drawn down the centerof boundary streets unless otherwise specified in the ordinance establishing the area; and (b) if a street that is a boundary of the area is also a boundary of wards of the city, the middle of that street will be the boundary of the area.
No ordinance to prohibitthe issuance of additional retail tobacco dealer licenses in a specified area may:

prohibitthe issuance of a new license to allow continued operation ofa licensed business within the specified area by a new licensee whose application is filed within six months after passage of the ordinance; provided, however, that no application for a successor license underthis subsection shall be approved if the application review process is not completed within one yearafterfiling the application, unless thedelayin completing the process has been occasioned by the city;
prohibitthe issuance of additional licenses within the specified area to applicants whose applications were pending priorto the passage ofthe ordinance;
be considered to take effect within one year after the repeal of an ordinance prohibiting the issuance of additional licenses within any portion of the specified area;
prohibitthe issuance of a license necessary to allow the relocation of a licensed business within the same specified area, or the change of officers of a corporate licensee, where the change in officers does not a I so involve transfer of more than five percent of the shares of the corporation;

After passage of an ordinance to prohibitthe issuance of additional retail tobacco dealer licenses within a specified area, no ordinance may alter the area except by addition of territory or by deletion of all territory within the area. An ordinance that divides a specified area into two or more segments shall not be considered to alter that area for purposes of this subsection (d) if all of the following conditions are met: (1) the ordinance does not change the size or boundaries of the total area covered; (2) each portion of the area so divided complies with subsection (b)of this section; and (3) all portions of the area affected by the ordinance remain subjectto allmoratoria in effect at the time of passage of the ordinance fora minimum of one year following passage of the ordinance that divides the area.
Upon receiving an ordinance to prohibitthe issuance of additional retail tobacco dealer licenses in a specified area, the city clerk shall send one copy of the ordinance to each ofthe following: the commissioner of business affairs and consumer protection, the corporation counsel and the alderman of each ward in which any portion ofthe specified area is located. The commissioner of business affairs and consumer protection shall prepare a list identifying all current retail tobacco dealer licenses issued for premises within the specified area to the sponsor of the ordinance, and all pending applications for retail tobacco dealer licenses within the specified area. The commissioner shall send a copy of the list to the city council committee having jurisdiction over the ordinance and to the corporation counsel. The sponsor of the ordinance shall notify each listed licensee and applicantof the introduction ofthe ordinance. Notices shall be sent by first class mail, postage paid, directed to the address of each licensee or applicant, as the case may be. Copies of all notices shall be filed with the department of business affairs and consumer protection.
No member of the city council or other municipal officershall introduce, and no committee of the city council shall consider or recommend, any ordinance that is contrary in anyway to anyof the requirements of subsections (b) through (d). No member of the city council shall propose, and no committee of the city council shall consider, any amendmentto an ordinance which, if passed, would renderthe ordinance contrary to anyof the requirements of subsections (b) through (d). No officeror employee of the city shall enforce any ordinance that is contrary to any ofthe requirements of subsections (b) through (d). No member of the city council may recommend action on, and no committee ofthe city council shall consider, any ordinance to prohibit issuance of additional retail tobacco dealer licenses within a specified area until all required notices have been given.


4-64-519 Restrictions on additional licenses.
Subjectto the provisions of subsection 4-64-518(c), noadditional retail tobacco dealer licenses shall be issued within the following areas:


[Reserved]

CITY OF CHICAGO
_
OFFICE OF THE CITY CLERK ANNA M. VALENCIA

Chicago City Council Co-Sponsor Form


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Final Copies To Be Filed With: • Chairman of Committee to which legislation was referred
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121 NORTH LASALLE STREET. ROOM 107, CHICAGO, ILLINOIS 60602
CITY OF CHICAGO
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OFFICE OF THE CITY CLERK ANNA M. VALENCIA

Chicago City Council Co-Sponsor Form


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Final Copies To Be Filed With: • Chairman of Committee to which legislation was referred
• City Clerk

121 NORTH LASALLE STREET. ROOM 107, CHICAGO, ILLINOIS 60602
CITY OF CHICAGO
~- -
OFFICE OF THE CITY CLERK ANNA M. VALENCIA

Chicago City Council Co-Sponsor Form


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Ordinance prohibiting issuance of additional retail tobacco dealer licenses Requirements - Procedure.


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Principal Sponsor: Anthony Napolitano
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Final Copies To Be Filed With: • Chairman of Committee to which legislation was referred
.•¦City Clerk

121 NORTH LASALLE STREET. ROOM 107, CHICAGO, ILLINOIS 60602

CITY OF CHICAGO
*
OFFICE OF THE CITY CLERK ANNA M. VALENCIA

Chicago City Council Co-Sponsor Form
Ordinance amending Municipal code 4-64 by inserting new Sections 4-64-518 & 4-64-519. "Retail Tobacco Moratorium Ordinance"

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4,,rman Byron Sigcho-Lopez
Alderman
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Alderman (\ I Ward)
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Date Filed:


Final Copies To Be Filed With: • Chairman of Committee to which legislation was referred
• City Clerk

121 NORTH LASALLE STREET, ROOM 107, CHICAGO, ILLINOIS 60602