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Councilmember Brown motioned for passage of the third recommendation, prohibiting new tobacco sale retailers within 1,000 feet of public schools, parks and recreation facilities allowing `grandfathering' of existing stores, but not allowing new ownership to continue to sell tobacco products. Councilmember Narum argued that land use runs with the land therefore she cannot support the motion as stated. Councilmember Pentin commented that he cannot support the motion as stated. MOTION: It was m/s by Brown/Testa to prohibit new tobacco sales within 1,000 feet of public schools, parks and recreation facilities, grandfathering existing stores but not new ownership. Motion passed with Narum and Pentin voting no. Councilmember Brown made a motion that recommendations 4 and 5 be considered by City Council at a future date. Councilmember Narum suggested a friendly amendment that the tobacco retailer licensing (TRL) be an amendment to the Municipal Code once adopted. MOTION: It was m/s by Brown/Narum to continue recommendations 4; tobacco retailer licensing to be an amendment to the Municipal Code once adopted and 5; possession under 21 subject to confiscation and counseling the to a future date, with the TRL becoming part of the ordinance. Motion passed unanimously. Councilmember Narum motioned that staff return with a code amendment regarding minimum pricing, minimum package sizes, redemption of coupons, and automatic annual Consumer Price Index (CPI) adjustment and that it be included for the second reading of the ordinance. Councilmember Pentin seconded the motion. Councilmember Brown asked for clarification on whether minimum pricing includes sales tax. Assistant City Attorney Seto clarified that the minimum price does not include tax. MOTION: It was m/s by Narum/Pentin that staff return with a code amendment regarding minimum pricing, minimum package sizes, redemption of coupons, and automatic annual Consumer Price Index (CPI) adjustment and that it be included for the second reading of the ordinance. Motion passed unanimously. MOTION: It was m/s by Pentin/Narum to set January 1, 2021 as the implementation date of the ordinance. Motion passed unanimously. City Attorney Sodergren ask that Council introduce the proposed ordinance to include all the issues that were discussed under one single motion and vote. MOTION: It was m/s by Brown/Pentin to introduce and waive first reading of Ordinance No. 2208 amending Municipal Code Chapter 9.32 and Title 18 to restrict the sale of flavored tobacco products, electronic smoking devices and related paraphernalia city-wide; limit new tobacco sales within 1,000 feet of public schools, parks, and recreation facilities; and adopt minimum package sizes and pricing for tobacco products. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None City Council Minutes Page 7 of 8 May 5, 2020