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Home My WebLink About1025ORDINANCE NO. 1025 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-6-1 of the Lakeville City Code is amended in its entirety to read as follows: 3-6-1: PURPOSE: The city council finds that current state law of prohibiting illegal sales of tobacco products has proven ineffective in preventing underage persons from using tobacco products. The city council has concluded that underage persons have ready access to self-service merchandising, including vending machines, which sell tobacco products. The city council has also concluded that the prohibition of the sale or dispensing of tobacco products through vending machines and the regulation of sales through self-service merchandising will thereby promote the health, safety and welfare of the residents of the city, particularly those residents who are underage to purchase tobacco products. SECTION 2. Section 3-6-2 of the Lakeville City Code is amended by replacing in its entirety the following definition to read as follows: ADULT: A person twenty-one (2 1) years of age or older. SECTION 3. Section 3-6-2 of the Lakeville City Code is amended by adding the following definition: UNDERAGE PERSON: a person who has not attained the minimum age mandated by federal, state, or local law, whichever is greater, to purchase tobacco products. SECTION 4. Section 3-6-3 i. of the Lakeville City Code is amended in its entirety to read as follows: AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF DAKOTA Brandi Botts being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: STW Lakeville with the known office of issue being located in the county of: DAKOTA with additional circulation in the counties of: SCOTT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 03/06/2020 and the last insertion being on 03/06/2020. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. i' Designated Subscribed and sworn to or affirmed before me on 03/06/2020 by Brandi Botts. Notary Public IV MARLENE M MITCHELL ;.- Notary Public ` aF Minnesota My Commission Expires Jan 31, 2025 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $27.40 per column inch Ad ID 1028138 CITY OF LAKEVILLE COUNTY OF DAKOTA MINNESOTA SUMMARY ORDINANCE NO. 1025 AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO This ordinance prohibits sales of tobacco products to underage persons to conform to federal law raising the minimum age for tobac- co sales to 21 years. The ordinance prohibits underage persons from obtaining tobacco licenses. 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 Lakeville, Minnesota this 2nd day of March 2020 CITY OF LAKEVILLE BY: /s/ Douglas P. Anderson Mayor ATTEST: Charlene Friedges City Clerk Published in the Sun Thisweek March 6, 2020 1028138 I. Denials: The issuance or renewal of a license under this section may be denied for cause including: 1. The applicant is an underage person. 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. 3. 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. Section 3-6-3 j. of the Lakeville City Code is amended in its entirety to read as follows: J. Compliance Checks: All licensed premises shall be open to inspection by the city police or other authorized city officials during regular business hours. Annual Compliance Checks: From time to time, but at least once per year, the city shall conduct compliance checks. Such compliance checks may involve, but are not limited to, engaging underage persons to enter the licensed premises to attempt to purchase tobacco, tobacco products, or tobacco related devices. 2. Underage persons: An underage person who purchases or attempts to purchase tobacco as a part of a compliance check shall not be deemed to be in unlawful possession of tobacco. No underage person used in compliance checks shall attempt to use a false identification misrepresenting the underage person's age, and all underage persons lawfully engaged in a compliance check shall truthfully answer all questions about the underage person's age asked by the licensee or his or her employee and shall produce any identification for which he or she is asked. SECTION 6. Section 3-6-5 of the Lakeville City Code is amended in its entirety to read as follows: 3-6-5: PROHIBITED: 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 underage person. 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 any underage person from entering the establishment, unless accompanied by a parent, and the license holder conspicuously displays a notice prohibiting underage persons from entering the establishment unless accompanied by a parent. C. Lounges Prohibited: Smoking lounges and vapor lounges are prohibited. SECTION 7. This Ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota, this 2"d day of March 2020 CITY OF LAKEVILLE �• 'Anderson,• ATTEST: Charlene Friedges, City Cle� SUMMARY ORDINANCE NO. 1025 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 6 OF THE LAKEVILLE CITY CODE CONCERNING TOBACCO This ordinance prohibits sales of tobacco products to underage persons to conform to federal law raising the minimum age for tobacco sales to 21 years. The ordinance prohibits underage persons from obtaining tobacco licenses. 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 2°d day of March 2020 CITY OF LAKEVILLE �• •nderson,Mayor ATTEST: Charlene Friedges, City