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HomeMy WebLinkAbout0944ORDINANCE NO. 944 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO AND &CIGARETTES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-6-2 of the Lakeville City Code is amended by deleting the following definitions: BEST PRACTICES ESTABLISHMENT: A license holder who has entered a written agreement with the police department and can demonstrate compliance with the best practices program. BEST PRACTICES PROGRAM: The optional instructional and employee training program developed and administered by the police department. SECTION 2. Section 3-6-2 of the Lakeville City Code is amended by adding the following definitions: SMOKING LOUNGE: means a tobacco products shop which allows customers to be seated. VAPOR LOUNGE: means a vapor products shop which allows customers to be seated. TOBACCO PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of tobacco related products and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco products department or section of any individual business establishment with any type of food, liquor, or restaurant license. VAPOR PRODUCTS SHOP: A retail establishment with an entrance door opening directly to the outside that derives more than ninety percent (90%) of its gross revenue from the sale of electronic delivery devices, e -cigarettes and related products and in which the sale of other products is merely incidental. "Vapor products shop" does not include a vapor products department or section of any individual business establishment with any type of food, liquor, or restaurant license. SECTION 3. Section 3-6-3 A of the Lakeville City Code is amended to provide as follows: A. Application: An application for a license to sell tobacco, tobacco products, or tobacco related devices including electronic delivery devices and e -cigarettes shall be made on a form 182103v1 provided by the city. The application shall include, but is not limited to, requiring the full name of the applicant, the applicant's residential and business address and telephone numbers, the name of the proposed license holder, and the business location for which the license is sought. The completed application along with the investigation and application fees shall be submitted to the city administrator or designee for approval. If the city administrator or designee determines that an application is incomplete, he or she shall return the application to the applicant with notice of the deficiencies. SECTION 4. Section 3-6-3 I of the Lakeville City Code is amended to provide as follows: Denials: The issuance or renewal of a license under this section may be denied for cause including: 1. The applicant is under the age of eighteen (18) years. 2. The applicant has been convicted within the past five (5) years of a violation of any provisions of this chapter or a violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or related tobacco devices. The applicant has been convicted within the past five (5) years of possession of narcotics or drug paraphernalia. 4. The applicant or license holder has had a license to sell tobacco, tobacco products or tobacco related devices revoked within the preceding twelve (12) months of the date of application. 5. The applicant fails to provide any information required on the city license application, or provides false or misleading information. 6. The applicant or license holder has outstanding fines, penalties or property taxes owed to the city. SECTION 5. Sections 3-6-3H and 3-6-7 E of the Lakeville City Code are deleted. SECTION 6. Section 3-6-4 of the Lakeville City Code is amended to provide as follows: 3-6-4: LICENSE AND INVESTIGATION FEES: The license and investigation fees shall be determined by resolution of the city council, and shall be paid at the time of application. SECTION 7. Section 3-6-5 of the Lakeville City Code is amended to provide as follows: 3-6-5: PROHIBITED: 182103v1 A. Prohibited Sales: No person shall sell, offer for sale, give away, furnish, or otherwise deliver any tobacco, tobacco product, or tobacco related device including electronic delivery devices and e -cigarettes: 1. To any person under the age of eighteen (18) years. 2. By means of any type of vending machine. 3. By means of self-service merchandising or any means whereby the customer may have access to such items without having to request the item from the license holder, their agents or employees. All tobacco products including electronic delivery devices and e -cigarettes shall be stored behind a counter or other area not freely accessible to customers. 4. By any other means, or to any other person, prohibited by federal, state, or other local law, ordinance provision, or other regulation. B. Exception: A license holder who operates an establishment that sells only tobacco products is exempt from the self-service merchandising provision if the license holder prohibits anyone under eighteen (18) years of age from entering the establishment, unless accompanied by a parent, and the license holder conspicuously displays a notice prohibiting persons under eighteen (18) years of age from entering the establishment unless accompanied by a parent. C. Smoking lounges and vapor lounges are prohibited. SECTION 8. Section 3-6-7D 2 of the Lakeville City Code is amended to provide as follows: 2. Civil Penalties: Each license issued hereunder shall be subject to suspension or revocation for violation of any provisions of this chapter or the laws of the state of Minnesota as follows: (1) First Violation: The first violation of this chapter shall be punishable by a civil penalty of three hundred dollars ($300.00). (2) Second Violation: A second violation of this chapter within any twenty four (24) month period shall be punishable by a civil penalty of five hundred dollars ($500.00) and a suspension of the license for three (3) consecutive days. (3) Third Violation: A third violation of this chapter within any twenty four (24) month period shall be punishable by a civil penalty of eight hundred dollars ($800.00) and a suspension of the license for five (5) consecutive days. (4) Subsequent Violation: A fourth or subsequent violation of this chapter within any thirty six (36) month period may be punishable by revocation of the license. If the license is not revoked, the punishment shall not be less than that provided under subsection D 2(3) of this 182103v1 section. Any licensee whose license is revoked under this section shall not be eligible for renewal for a period of two (2) license years after the revocation. 3. Criminal Prosecution: Any civil penalty, suspension or revocation or combination thereof under this section does not preclude criminal prosecution under this chapter or Minnesota statutes section 609.685. SECTION 9. Title 4 of the Lakeville City Code is amended by adding Chapter 6 to read as follows: CLEAN INDOOR AIR ACT 4-6-1 Minnesota Statutes §§ 144.411 to 144.417 are incorporated by reference and are made a part of this Chapter as if set out in full. 4-6-2 The use of e -cigarettes and electronic delivery devices and allowing their use is prohibited in public places, at public meetings, in places of employment, and in public transportation. The use of e -cigarettes and electronic delivery devices is permitted, however, in vapor products shops by an employee, customer or potential customer for the limited purpose of sampling a product, product instructions, or testing an electronic delivery device. SECTION 10. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 6th day of July, 2015 by the City Council of the City of Lakeville, Minnesota CITY OF LAKEVILLE BY: — z// Matt ittl ,Mayor ATTEST: Charlene Friedges, City C rk 4 1821030 SUMMARY ORDINANCE NO. 944 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO AND &CIGARETTES This ordinance amends Titles 3 and 4 of the City Code concerning tobacco and e - cigarettes. The ordinance prohibits smoking lounges and vapor lounges as those terms are defined in the ordinance and extends the Clean Indoor Air Act to the use of e -cigarettes. The ordinance eliminates the Best Practices Program for the sale of tobacco and amends the application requirements, the basis for denying a license, and the penalties for ordinance violations. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 6" day of July, 2015 CITY OF LAKEVILLE BY: Ma Little, Mayor ATTEST: "11,9 — Charlene Friedges, City, erk 182119v1 AF STAT COU Sharo states Desig as: with t in the with a and h below: (A) Th th do by (B) Th lis we ins ins MOR Pursua relatin foreclo with t subd. 1 known adjoini premis premis a subs circulat DAVIT OF PUBLICATION OF MINNESOTA ) ss TY OF DAKOTA Gruhl being duly sworn on an oath, r affirms that he/she is the Publisher's ted Agent of the newspaper(s) known STW Lakeville known office of issue being located ounty of: DAKOTA ditional circulation in the counties of: SCOTT s full knowledge of the facts stated newspaper has complied with all of requirements constituting qualifica- as a qualified newspaper as provided inn. Stat. §331A.02. Public Notice was printed and pub - d in said newspaper(s) once each k, for 1 successive week(s); the first rtion being on 07/10/2015 and the last rtion being on 07/10/2015. AGE FORECLOSURE NOTICES t to Minnesota Stat. §580.033 to the publication of mortgage ure notices: The newspaper complies e conditions described in §580.033, clause (1) or (2). If the newspaper's office of issue is located in a county g the county where the mortgaged s or some part of the mortgaged s described in the notice are located, antial portion of the newspaper's on is in the latter county. Designated Agent Subscri.ed and sworn to or affirmed before me on 17/10/2015. Notary Public DARI.ENE MARE MACPHERSON Notary Public -Minnesota My Commission Expires Jan 31, 2019 Rate Ination: (1) Lowe classified rate paid by commercial users for comprable space: $27.40 per column inch Ad ID 4 8135 CITY OF LAKEVILLE DAKOTA COUNTY SUMMARY ORDINANCE NO. 944 AN ORDINANCE AMENDING TITLES 3 AND 4 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO AND E -CIGARETTES This ordinance amends Titles 3 and 4 of the City Code concerning tobacco and e -cigarettes. The or- dinance prohibits smoking lounges and vapor lounges as those terms are defined in the ordinance and extends the Clean Indoor Air Act to the use of e -cigarettes. The or- dinance eliminates the Best Prac- tices Program for the sale of to- bacco and amends the application requirements, the basis for denying a license, and the penalties for or- dinance violations. A printed copy of the entire ordi- nance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakev- ille, Minnesota, this 6th day of July, 2015 CITY OF LAKEVILLE BY: Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk Published in Lakeville July 10, 2015 418135