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November 23, 2015 Item No.______
ORDINANCE AMENDING TITLE 3, CHAPTER 6
OF THE LAKEVILLE CITY CODE
Proposed Action
Staff recommends adoption of the following motion: Adopt ordinance amending Title 3,
Chapter 6, of the Lakeville City Code concerning the sale of tobacco.
Passage of this motion clarifies language in the city code related to individuals who sell or
provide tobacco products to a person under the age of 18 at a licensed establishment.
Overview
In the course of imposing an administrative civil penalty on individuals who made illegal
sales, it came to light that some of the language in the ordinance needs to be cleaned up as it
applies to the individual employee. The City Attorney recommends adoption of the attached
ordinance.
Primary Issues to Consider
• The individual who made the illegal sale shall be afforded the same opportunity for a
hearing before the council as the license holder.
Supporting Information
Charlene Friedges, City Clerk
Financial Impact: $___NA_________Budgeted: Y/N ____ Source: __________________
Related Documents (CIP, ERP, etc.): _______________________________________
Community Values: Good Value for Public Services
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ORDINANCE NO. _________
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 OF THE
LAKEVILLE CITY CODE CONCERNING SALE OF TOBACCO
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3-6-7C of the Lakeville City Code is amended to provide as
follows:
Administrative Civil Penalties; Individuals: Any individual who sells or provides any tobacco
product or tobacco related device to a person under the age of eighteen (18) years is subject to an
administrative civil penalty of one hundred dollars ($100.00). Upon the occurrence of a
suspected violation, the police department shall inform the city administrator of the suspected
violation. The city administrator or designee shall then send to the individual a written notice of
the civil violation. The notice shall advise the individual license holder of the civil penalty and
the individuallicense holder's right to request a hearing regarding the violation of this chapter.
SECTION 2. Section 3-6-8 of the Lakeville City Code is amended to provide as
follows:
3-6-8: HEARING ON DENIAL OR VIOLATION:
A. Hearing: Following receipt of a notice of denial issued under section 3-6-3 of this chapter or
a notice of a violation and penalty issued under section 3-6-7 of this chapter, an applicant,
individual or license holder may request a hearing before the city council. A request for a
hearing shall be made by the applicant, individual or license holder in writing and filed with
the city administrator or designee within ten (10) days of the mailing of the notice of denial
or alleged violation. Following receipt of a written request for hearing, the applicant,
individual or license holder shall be afforded an opportunity for a hearing before the council.
If a committee of the council conducts the hearing it shall report its findings and make a
recommendation to the full council.
B. Findings: If after the hearing the applicant, individual or license holder is found ineligible for
a license, or in violation of this chapter, the council may affirm the denial, impose a civil
penalty, issue a suspension or revocation, or impose any combination thereof as set forth in
section 3-6-7 of this chapter.
C. Default: If the applicant, individual or license holder has been provided written notice of the
denial or violation and if no request for a hearing is filed within the ten (10) day period, then
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the denial, civil penalty, suspension or revocation imposed in section 3-6-7 of this chapter
shall take immediate effect by default. The city administrator or designee shall mail notice of
the denial, fine, suspension or revocation to the applicant or license holder. The city police
shall investigate compliance with the suspension or revocation.
SECTION 3. Section 3-6-9 of the Lakeville City Code is amended to provide as
follows:
3-6-9: AFFIRMATIVE DEFENSES:
It is an affirmative defense to a charge under this chapter if the individual or license holder
proves by a preponderance of the evidence that the individual or license holder reasonably and in
good faith relied on proof of age as described in Minnesota statutes section 340A.503,
subdivision 6, in making the sale.
SECTION 4. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 7th day of December, 2015 by the City Council of the City of Lakeville,
Minnesota.
CITY OF LAKEVILLE
BY: ______________________________________
Matt Little, Mayor
ATTEST:
_____________________________________
Charlene Friedges, City Clerk