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File #: ORD 14-2276    Version: Name: Amending Chapter 42, Article II Tobacco
Type: Ordinance Status: Passed
File created: 1/2/2014 In control: City Council
On agenda: 2/16/2014 Final action: 1/16/2014
Title: AN ORDINANCE AMENDING CHAPTER 42, ARTICLE II, TOBACCO; DIVISION 2, LICENSE; SEC. 42-63 FEES SECOND READING
Sponsors: Jane M. Cross
ITEM:         10.2         CONSENT AGENDA- Jane Cross, City Clerk
 
Title
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE II, TOBACCO; DIVISION 2, LICENSE; SEC. 42-63 FEES
 
SECOND READING
 
Background
The city's Appendix D, Fee Schedule is update annually by ordinance.  When the license fees were removed from individual ordinances a number of years ago and put into the Appendix D, Fee Schedule, the fees in the tobacco ordinance were inadvertently not removed from the tobacco ordinance.  This ordinance amendment removes the fee from the tobacco ordinance and places it in Appendix D, Fee Schedule with other city fees.
 
Recently, when staff reviewed the costs of issuing a tobacco license, along with the expenses involved with mandated annual compliance checks, it was recommended the tobacco license fee be increased to cover all staff time.  Subsequently the new fee was added to the Appendix D Fee Schedule which was approved on December 19, 2013.  
 
In addition to the increase in license fees, staff found it was not fiscally prudent to pro-rate fees for a new tobacco license as the staff expenses are the same for a new license regardless of when it is approved during the calendar year.  The ordinance amendment removes the language regarding pro-rata fees for new licenses.  The amendment does not affect license renewals.
 
The staff time included in issuing a tobacco license is as follows:
·      supplying applications and processing them when returned,
·      copying I.D's for the background check,
·      the background investigation by police department,
·      preparing an agenda item for council,
·      preparing the license for signature and issuing the license to the business.
·      staff include applicant data input into software programs,
·      filing licensing documents,
·      preparing lists for the police department for compliance checks,
·      issuing Certificate of Compliance to applicants that passed the compliance check,
·      issuing compliance failure notices/penalty letters to the licensee and their employee who failed the compliance check,
·      collecting administrative penalties:
·      scheduling an administrative municipal court hearing if requested by licensee or their employee.
 
First reading of Ordinance No. 14-2276 took place at the January 2, 2014 Council meeting.
 
Recommendation
By motion, approve Ordinance No. 14-2276.
 
Body
 
THE CITY OF BLAINE DOES ORDAIN:   (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
 
Sec. 42-63. Fees
 
      No license shall be issued until the license fee of $150.00 is paid in full.  Any license issued after January 31 in any year shall be computed at the rate of $15.00 each month or fractional part of a month covered by the license.
 
INTRODUCED AND READ in full the 2nd day of January, 2014.
 
PASSED by the City Council of the City of Blaine this 16th day of January, 2014.