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Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None 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 by the following vote: Ayes: Councilmembers Brown Testa, Mayor Thorne Noes: Councilmembers Narum and Pentin Absent: None 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 by the following vote. Ayes: Councilmembers Brown, Narum, Pentin, Testa, Mayor Thorne Noes: None Absent: None 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 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