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Ordinance amending Section 24.07 and Subsection 24.08.040 and creating Subsection 24.09.120 of the Wauwatosa Municipal Code to regulate locations of cigarette, tobacco and electronic vaping device sales businesses
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The Common Council of Wauwatosa do ordain as follows:
Part I. The table in Sec 24.07 of the Wauwatosa Municipal Code of Ordinances is hereby amended by amending the "Cigarette, Cigar, Tobacco" label to read as: "Cigarette, Cigar, Tobacco, Vape, or E-Cigarette Store", by deleting the designation "C" under categories C1 and C2 and Mid-Mix, by adding the designation "C" under the categories M1 and M2, and adding the reference to "24.09.120" under the "USE REGULATIONS" column.
Part II. Subsection T. within the "Commercial Use Category" section of the Wauwatosa Code Section 24.08.040 is hereby amended in its entirety to read as follows:
T. Retail Sales. Businesses involved in the sale, lease or rent of new or used products, merchandise to consumers. Typical uses include drug stores, grocery stores, department stores and apparel stores.
1. Cigarette, Cigar, Tobacco, Vape, or E-cigarette Store. Businesses primarily involved in the sale of cigarettes, cigars, tobacco products, vaping products, or smoking material or equipment. This includes products or materials intended to vape or smoke tetrahydrocannabinols or synthetic cannabinoids. This does not include businesses that sell cigarettes, cigars or tobacco products as an ancillary part of an allowed retail use.
2. Cigarette, Tobacco Product, Vape, or E-cigarette Sales (ancillary). Cigarette & tobacco product sales are considered ancillary if such products occupy no more than 10% of the available retail floor space of the premises and if such sales account for no more than 10% of the gross sales receipts of the business.
Part III. The Wauwatosa Code Section 24.09.120 is hereby created as follows:
24.09.120: Cigarette, Cigar, Tobacco, Vape, or E-cigarette stores
A. Purpose: The purpose of ...
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