Madison, WI Header
File #: 37398    Version: Name: Amending zoning code re tobacco retailers
Type: Ordinance Status: Passed
File created: 2/23/2015 In control: PLAN COMMISSION
On agenda: 5/19/2015 Final action: 5/19/2015
Enactment date: 5/28/2015 Enactment #: ORD-15-00054
Title: SUBSTITUTE Amending Sections 28.211, 28.151, and 28.061 of the Madison General Ordinances to amend existing zoning regulations for tobacco retailers in the City of Madison.
Sponsors: Paul R. Soglin
Attachments: 1. Substitute Body, 2. Body, 3. ZT Staff Comments.pdf, 4. Comments 032315.pdf, 5. Comments to 040115.pdf, 6. Mayor Tobacco Retailers Memo Plan Commission.pdf, 7. 37398 Comments to 403015.pdf, 8. TOBACCO MEMO 5-1-15.pdf, 9. Tobacco retailers ordinance FAQ 5-2015, 10. Map.Current Regulation, 11. Map.Proposed Ordinance
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
5/19/20152 COMMON COUNCIL Adopt and Close the Public HearingPass Action details Meeting details Not available
5/4/20151 PLAN COMMISSION RECOMMEND TO COUNCIL TO ADOPT - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
4/6/20151 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - RECESSED PUBLIC HEARINGPass Action details Meeting details Not available
3/31/20151 COMMON COUNCIL Re-refer for Recessed Public HearingPass Action details Meeting details Not available
3/23/20151 PLAN COMMISSION RECOMMEND TO COUNCIL TO RE-REFER - PUBLIC HEARINGPass Action details Meeting details Not available
3/3/20151 COMMON COUNCIL Referred  Action details Meeting details Not available
2/23/20151 Attorney's Office/Approval Group Referred for Introduction  Action details Meeting details Not available
Fiscal Note
No appropriation is necessary.
Title
SUBSTITUTE  Amending Sections 28.211, 28.151, and 28.061 of the Madison General Ordinances to amend existing zoning regulations for tobacco retailers in the City of Madison.
Body
DRAFTER'S ANALYSIS:  The City's zoning code currently permits tobacco shops in the NMX, TSS, MXC, CC-T, and CC districts.  However, the code does not specifically define tobacco shops and does not provide specific regulations for them. Nor does the code specifically address e-cigarettes, which the Common Council recently added to the City's ban on indoor smoking.
This amendment will amend the zoning code to create new definitions for Tobacco Retailer, Tobacco Paraphernalia, and Tobacco Products, which will include and incorporate e-cigarette products.  Tobacco retailers (currently referred to as tobacco shops) will continue as permitted uses in the NMX, TSS, MXC, CC-T, and CC districts, and tobacco retailers established after the effective date of this ordinance will be subject to supplemental regulations pertaining to locating and operating such establishments.  
Key supplemental regulations under this ordinance include that no tobacco retailer shall be located within one-thousand (1,000) feet of the boundary of any residential zone or parcel occupied by certain other uses, such as schools, day cares, playgrounds, youth centers, parks, libraries, and health care facilities.  Furthermore, this ordinance contains a dispersion requirement, which prohibits a tobacco retailer to locate within five hundred (500) feet of a site occupied by another tobacco retailer.  Finally, the ordinance contains supplemental regulations regarding the display and sale of tobacco products and paraphernalia.  
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The Common Council of the City of Madison do hereby ordain as follows:
      Please see "Substitute Body" in Attachments.