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Date: 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 tobacco license violations.
Overview
The City’s tobacco ordinance currently contains a provision that allows the City to charge an
administrative civil penalty to the clerk or store employee who sells or provides tobacco, tobacco
products or tobacco related devices to a person under the age of 18 years. This civil penalty is in
addition to the criminal penalty set forth by state statutes and the civil penalty charged to the
business/license holder when they fail a tobacco compliance check.
This provision has historically been difficult to enforce, as the City has no grounds or mechanism
to collect the fee from the individual clerk or store employee. Therefore, staff recommends
revising the ordinance to remove the administrative civil penalties on individuals to reflect
current practice.
Primary Issues to Consider
• Should the individual clerk/store employee be charged an administrative civil penalty?
Staff feels the criminal penalty imposed by the state on the individual clerk or store
employee who made the sale, along with the civil penalty imposed on the license holder,
is sufficient to encourage compliance with the tobacco ordinance.
Supporting Information
• Redlined ordinance
Financial Impact: $ Budgeted: Y☐ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Charlene Friedges, City Clerk
June 20, 2016
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 3-6-7C of the Lakeville City Code regarding Administrative Civil
Penalties; Individuals: is hereby repealed and all remaining subsections re-lettered accordingly.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 20th day of June, 2016, by the City Council of the City of Lakeville
CITY OF LAKEVILLE
BY:____________________________________
Matt Little, Mayor
ATTEST:
______________________________________
Charlene Friedges, City Clerk
3-6-7: VIOLATIONS:
A. Revocation Or Suspension: Any violation of this chapter shall be grounds to revoke or suspend a
license.
B. Criminal Penalty: In addition to the criminal penalties set forth in Minnesota statutes, the
following shall constitute a criminal violation of this chapter: (Ord. 777, sec. 1, 12-20-2004)
1. It shall be a misdemeanor for anyone under the age of eighteen (18) years to use, purchase,
attempt to purchase, or possess tobacco products. This section shall not apply to a person
under the age of eighteen (18) years who purchases or attempts to purchase tobacco
products while under the direct supervision of a responsible adult for training, education,
research, or enforcement purposes. (Ord. 777, sec. 1, 12-20-2004; amd. Ord. 870, 9-20-
2010)
C. Administrative Civil Penalties; Individuals: Any individual who sells or provides any tobacco
product or tobacco related devices 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 license holder of the civil penalty and the license
holder's right to request a hearing regarding the violation of this chapter. (Ord. 870, 9-20-2010)