PROVIDING FOR A MORATORIUM ON THE CREATION OF NEW TOBACCO PRODUCTS SHOPS AND THE ISSUANCE OF NEW TOBACCO LICENSES

Minneapolis Code of Ordinances tit. 21, ch. 595

in effect

Minneapolis Code of Ordinances § 595.10 Authority.

595.10. - Authority. Pursuant to Minnesota Statutes Section 462.355, Subd. 4, the city is authorized to establish interim ordinances to regulate, restrict or prohibit any use or development in all or a part of the city while the city or its planning department is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of the comprehensive plan or official zoning controls. In furtherance of this statutory authority, the city has enacted Chapter 529 of the zoning code, which governs the establishment of interim ordinances. The city declares that this interim ordinance is established pursuant to the aforementioned statute and city ordinance. (Ord. No. 2018-050, § 1, 10-5-18)

Minneapolis Code of Ordinances § 595.20 Findings and purpose.

595.20. - Findings and purpose. The city council is concerned about the number of new tobacco products shops that have been proposed since the city council passed an ordinance in 2017 prohibiting the sale of menthol tobacco in convenience and grocery stores. The city council is concerned about the proliferation and expansion of tobacco products shops as a result of the menthol tobacco ordinance. The city council is concerned that new tobacco products shops and associated tobacco dealers licenses are concentrated in vulnerable areas of the city. As a result of the important land use and licensing issues cited above, the city has authorized a study to consider possible amendments to its official controls, including the zoning code, and related policy and process improvements. The city council finds that this interim ordinance should be adopted to protect the planning process and the public health, safety, neighboring properties, economic viability, public assets, and general welfare of the city. (Ord. No. 2018-050, § 1, 10-5-18)

Minneapolis Code of Ordinances § 595.30 Study.

595.30. - Study. The department of Community Planning and Economic Development, in cooperation with other applicable city departments, is hereby authorized to conduct a study to evaluate the impact of tobacco products shops on communities citywide and to propose such amendments to the city's official controls and other regulatory devices that the department deems necessary and advisable in furtherance of the city's policy objectives. The study area consists of the entire city. The department of community planning and economic development shall return to the Zoning & Planning Committee to present a progress report in no more than six (6) months' time. (Ord. No. 2018-050, § 1, 10-5-18)

Minneapolis Code of Ordinances § 595.40 Restrictions.

595.40. - Restrictions. For a period of one (1) year from the date of introduction of this ordinance on August 31, 2018, throughout the city of Minneapolis: (1) New tobacco products shops. No zoning approval, building permit, or license shall be allowed or granted by any city department to establish a new principal use tobacco products shop in a location where one does not already exist. (2) Exceptions. Subject to compliance with all applicable, existing ordinances: a. License renewals shall be allowed during the interim ordinance period. b. License transfers from one business to another business overtaking the same tenant space shall be allowed during the interim ordinance period. In anticipation of completion of the study prior to the one (1) year expiration of the interim ordinance, the city council may elect to take action to conclude the interim ordinance prior to its scheduled expiration. Consistent with section 529.40, these restrictions shall apply only to the issuance of permits and licenses for which an application has not been filed prior to the effective date of the interim ordinance. (Ord. No. 2018-050, § 1, 10-5-18)

Minneapolis Code of Ordinances § 595.50 Hardship.

595.50. - Hardship. In cases of hardship, any person having a legal or equitable interest in land and aggrieved by the requirements of this interim ordinance may apply to the city council for a waiver of all or a portion of the applicable restrictions as provided in Chapter 529 of the zoning code. A waiver may be granted where the city council finds substantial hardship caused by the restrictions and finds that the waiver will not unduly affect the integrity of the planning process or the purposes for which the interim ordinance is enacted. (Ord. No. 2018-050, § 1, 10-5-18)

Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=MICOOR_TIT21INOR_CH595PRMOCRNETOPRSHISNETOLIFetched: 11/2/2026