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April 22, 2013 Item No.
ORDINANCE AMENDING TITLE 3, CHAPTER 6, OF THE LAKEVILLE
CITY CODE CONCERNING THE SALE OF TOBACCO
Proposed Action
Staff recommends adoption of the following motion: Move to adopt ordinance amending
Title 3, Chapter 6 of the Lakeville City Code concerning the sale of tobacco.
Passage of this motion will add the best practices program information to the City Code,
consistent with current practice, and will change the license period from two years to one
year, consistent with all other licenses issued by the City Clerk.
Overview
Prior to the City's adoption of the tobacco licensing ordinance in 2004, tobacco licensing was
handled by Dakota County. The County had been issuing a two year license, and the City
Council chose to continue that practice. The City does not issue any other two year license.
In addition, the Police Department recently discovered that the best practices program is not
spelled out in Title 3, Chapter 6 of the City Code. The Police Department does, however,
follow the same best practices program for tobacco as it does for liquor.
Staff is recommending that the license period be changed from two years to one year. Staff
further recommends that the best practices program description as identified in Title 3,
Chapter 1, be added to Title 3, Chapter 6, of the City Code.
Primary Issues to Consider
• Why is it necessary to add the best practices program information to Title 3,
Chapter 6?
• Will the license holders benefit by renewing their license on an annual basis?
• When will the one year license period become effective?
Supporting Information
• Anal "s of Primary Issues and proposed ordinance
d
Charlene Friedges, City CI rk
Financial Impact: $ None Budgeted: Y/N _ Source:
Related Documents (CIP, ERP, etc.):
Notes:
Analysis of Primary Issues:
Because the "Violations" section of Chapter 6 references the best practices program,
the program description should be clearly identified.
The current license holders will be asked to renew their license and pay the $300
license fee annually. License holders currently pay $600 every two years. It is felt that
license holders will benefit by reviewing their best practices program participation
with the Police Department on an annual basis. It is hoped that this will increase
awareness and help to eliminate the sales of tobacco to youth.
Any new tobacco licenses shall be issued for a one year period effective January 1,
2014. When the existing tobacco licenses expire on December 31, 2014, license
renewals shah be issued for a one year period.
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 6
OF THE LAKEVILLE CITY CODE CONCERNING
THE SALE OF TOBACCO
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS:
SECTION 1. Section 3- 6 -3(C) of the Lakeville City Code is amended as follows:
C. Term: All licenses are issued for a period of one (1) year. All licenses shall
expire on December 31.
SECTION 2 . Section 3 -6 -7 of the Lakeville City Code is amended by adding the
following:
E. Best Practices Program: The best practices program is a program offered by
the City of Lakeville with the intent to eliminate sales of tobacco to youth. It is
a voluntary program offered to tobacco establishments in the city. The
program offers incentives to the licensees to undertake certain practices
believed to be helpful in avoiding sales to minors. Establishments
participating in the best practices program will benefit. Specially trained
officers will provide training to participating license holders. The officers
provide a training program targeting illegal sales of tobacco to persons under
the age of eighteen (18). Participating license holders will also be given the
advantage of a different set of presumptive penalties. Those who choose to
participate in the program will have the opportunity to enroll any time during
their licensure period and at the time of their license renewal. The licensee
will indicate in writing to the Lakeville police department their intent to
participate. The first four (4) items in the grid are mandatory. The licensee
must choose items from the list of electives to equal a total of sixty (60)
points. The City will conduct random compliance checks to verify compliance.
Required Item
Inspection of records to verify compliance
Minimum of 75 percent of all tobacco selling employees trained by
Lakeville police department or an alternate training program approved
by the Lakeville police department
Internal program in place for ongoing training of new and current
tobacco selling employees
Policy requiring identification checks for anyone appearing to be 40 or
under
Points
Electives
20
Participation in the TIPS or similar (city approved) training program — 75
percent of tobacco selling employees certified
10
Internal employee reward and recognition program (program to reward
any employee who catches any underage customer attempting to
purchase tobacco
10
Approved internal compliance check program
10
Automated identification card scanners stem*
20
Automated identification card scanner system integrated into register
system*
10
Prearrangement to meet immediately on violations (meet with police
department and city staff immediately instead of waiting for criminal
court proceedings)
10
Policy requiring identification checks for every tobacco transaction
regardless of apparent age
10
Prearrangement to work with police on preventing secondary tobacco
sales
10
Minimum ape of 18 for employees selling tobacco products
10
Use of an application for employment that requires disclosure of
criminal history information, previous convictions for crimes related to
selling tobacco, and a commitment not to hire persons with relevant
criminal convic
*Cannot do both automated identification card scanner system and automated
identification card scanner system integrated into register system.
SECTION 3 . Section 1 of this ordinance shall be effective January 1, 2014.
Section 2 of this ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this day of , 2013, by the City Council of the City of
Lakeville, Minnesota
CITY OF LAKEVILLE
W
ATTEST:
Matt Little, Mayor
Charlene Friedges, City Clerk
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