CC Minutes - 09/25/00 Meeting - Laserfiche WebLink

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Eugene Code, 1971; adding sections 3.500, 3.505, 3.510, and 3.515 to that code; and providing an effective date. Councilor Taylor, seconded by Councilor Nathanson, moved that the bill, with unanimous consent of the council, be read by council bill number only and that enactment be considered at that time. Councilor Kelly explained the procedure for voting on ordinances to the audience. He noted that the first ordinance dealt with licencing and youth access to tobacco, the second dealt with general smoking in work places except in bars, taverns, and bingo parlors, and the third dealt with smoking in bars, taverns, and bingo parlors. Mr. Klein said that staff had received a letter from a business saying that in order to implement a responsible vendor program, one of the provisions in the proposed ordinance dealing with a mandatory suspension and revocation should be changed to "discretionary suspension and revocation." Mr. Klein said that the code currently provided that upon a second judicial or administrative determination the license would be suspended for a period of not more than 45 days, and upon the third determination the license would be revoked. He said that in order to implement a responsible vendor program they would have to amend the ordinance to say that suspensions or revocations may occur. Councilor Taylor, seconded by Councilor Nathanson, moved to amend the motion by changing the "shall" to "may" on page 3 of the ordinance under subsection 4 in paragraphs (a) and (b). In response to a question from Councilor Rayor regarding whether the proposed amendment was a legal requirement, Mr. Klein said that it was not mandatory to make the change but if the change was not made then the goal of having a responsible vendor program for the proposed ordinance would be much more difficult to achieve. Mayor Torrey expressed his desire to see the amendment pass and noted that a responsible vendor type program was what the council was looking for. In response to a question from Councilor Pap~ regarding where the discretion would lie, Mr. Klein said that discretion would lie with the City Manager since the City Manager suspended, revoked, and issued licenses. Councilor Pap8 supported the amendment but called for a stringent monitoring program to see if the responsible vendor program was working. Councilor Bettman said that the original proposed code language did not seem very punitive since it was two violations over a period of 24 months. She raised concern that making the compliance measures discretionary would lead to inconsistent enforcement. Mr. Klein said that the new language would not open the City up to any more liability. Regarding inconsistency of enforcement, he said that the City Manager would have to provide reasons explaining his/her actions of enforcement. He said that the City Manager's decisions would articulate why people were treated differently. MINUTES--Eugene City Council September 25, 2000 Page 12 Regular Meeting