HomeMy WebLinkAbout1062ORDINANCE NO. 1062
CITY OF LAKEVILLE
COUNTY OF DAKOTA, 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 3-6-7 (B)(1) of the Lakeville City Code is amended to read as
follows:
1. It shall be a misdemeanor for an underage person to use, purchase, attempt to purchase,
or possess tobacco products. This section shall not apply to an underage person who
purchases or attempts to purchase tobacco products while under the direct supervision of a
responsible adult for training, education, research, or enforcement purposes.
SECTION 2. Section 3-6-7(C)(2) of the Lakeville City Code is amended to read 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:
a. First Violation: The first violation of this chapter shall be punishable by a civil
penalty of three hundred dollars ($300.00).
b. Second Violation: A second violation of this chapter within any thirty-six (36)
month period shall be punishable by a civil penalty of six hundred dollars
($600.00).
c. Third Violation: A third violation of this chapter within any thirty-six (36) month
period shall be punishable by a civil penalty of one thousand dollars ($1,000.00)
and a suspension of the license for seven (7) consecutive days.
d. 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 C2c of this 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.
219854v1
SECTION 3. Section 3-6-7(D) of the Lakeville City Code is added to read as follows:
D. Administrative Civil Penalties; Employees of Licensees and Other Individuals. An
individual who violates this chapter may be charged an administrative penalty of $50.
1. Notice Of Violation: 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 of the civil penalty and the
license holder's right to request a hearing regarding the violation of this chapter
pursuant to section 3-6-8 of this chapter.
2. 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 4. Section 3-6-8 (B) of the Lakeville City Code is amended to read as
follows:
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. A decision that a violation has
occurred must be in writing.
SECTION 5. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED by the City Council of the City of Lakeville, Minnesota this 7th day of
February 2022
CITY OF LAKEVILLE
BY:
Douglas P. Anderson, Mayor
ATTEST:
Charlene Friedges, City Cl
2198541 2
AFFIDAVIT OF PUBLICATION
CITY OF LAKEVILLE
COUNTY OF DAKOTA,
STATE OF MINNESOTA )
MINNESOTA
ss
COUNTY OF DAKOTA
ORDINANCE NO.1062
AN ORDINANCE AMENDING
Karen Nelson being duly sworn on an oath,
TITLE 3, CHAPTER 6 OF
states or affirms that he/she is the Publisher's
THE LAKEVILLE CITY
Designated Agent of the newspaper(s) known
CODE E OF TOBA COHE
CONCERNING
as:
1. Notice Of Violation: Upon the
M
THE CITY COUNCIL OF THE
STW Lakeville
CITY OF LAKEVILLE, MINNESOTA
ORDAINS:
SECTION 1. Section 3-6-7 (
with the known office of issue beinglocated
Code s
(1) of the Lakeville City Code is
in the county of:
amended to read as follows:
DAKOTA
1. It shall be a misdemeanor
with additional circulation in the counties of:
for an underage person to use,
purchase, attempt to purchase,
SCOTT
or possess tobacco products.
and has full knowledge of the facts stated
This section shall not apply to an
below:
underage person who purchases
(A) The newspaper has complied with all of
or attempts to purchase tobacco
products while under the direct
the requirements constituting qualifica-
supervision of a responsible adult
tion as a qualified newspaper as provided
for training, education, research, or
by Minn. Stat. §331A.02.
enforcement purposes.
(B) This Public Notice was printed and pub-
SECTION 2. Section 3-6-7(C)
lished in said newspaper(s) once each
(2) of the Lakeville City Code is
week, for 1 successive week(s); the first
amended to read as follows:
insertion being on 02/11/2022 and the last2.
Civil Penalties: Each license
insertion being on 02/11/2022.
issued hereunder shall be subject
to suspension or revocation for
violation of any provisions of this
MORTGAGE FORECLOSURE NOTICES
chapter or the laws of the state of
Pursuant to Minnesota Stat. §580.033
Minnesota as follows:
relating to the publication of mortgage
a. First Violation: The first vio-
lation of this chapter shall be pun -
foreclosure notices: The newspaper complies
ishable by a civil penalty of three
with the conditions described in §580.033,
hundred dollars ($300.00).
subd. 1, clause (1) or (2). If the newspaper's
b. Second Violation: A second
known office of issue is located in a county
violation of this chapter within any
thirty-six (36) month period shall be
adjoining the county where the mortgaged
punishable by a civil penalty of six
premises or some part of the mortgaged
hundred dollars ($600.00).
premises described in the notice are located,
c. Third Violation: A third viola -
a substantial P newspaper's portion of the news a is
tion of this chapter within any th e
ty-six (36) month period shall be
circulation is in the latter county.
punishable by a civil penalty of one
thousand dollars ($1,000.00) and a
suspension of the license for seven
(7) consecutive days.
By
d. Subsequent Violation: A
Designated Agent
fourth or subsequent violation of
this chapter within any thirty six
(36) month period may be punish -
Subscribed and sworn to or affirmed before
able by revocation of the license. If
me on 02/11/2022 by Karen Nelson.
the license is not revoked, the pun-
ishment shall not be less than that
provided under subsection C2c of
this section. Any licensee whose li-
cense is revoked under this section
shall not be eligible for renewal for a
period of two (2) license years after
n n I
the revocation.
Notary Public
SECTION 3. Section 3-6-7(D) of
the Lakeville City Code is added to
read as follows:
D. Administrative Civil Penalties;
Employees of Licensees and Other
Individuals. An individual who vio-
D�Elates
this chapter may be charged
an administrative penalty of $50.
=MAGNERSOW
NOTARY
1. Notice Of Violation: Upon the
M
occurrence of a suspected viola-
tion, the police department shall
inform the city administrator of
the suspected violation. The city
Rate Information:
administrator or designee shall
then send to the individual a writ -
(1) Lowest classified rate paid by commercial users
ten notice of the civil violation. The
for comparable space:
notice shall advise the individual
$27.40 per column inch
of the civil penalty and the license
holder's right to request a hearing
Ad ID 1204998
regarding the violation of this chap -
ter pursuant to section 3-6-8 of this
chapter.
2. Criminal Prosecution: Any
civil penalty, suspension or revo-
cation or combination thereof un-
der this section does not preclude
criminal prosecution under this
chapter or Minnesota statutes sec-
tion 609.685.
SECTION 4. Section 3-6-8 (B) of
the Lakeville City Code is amended
to read as follows:
B. Findings: If after the hear-
ing 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. A decision that a violation
has occurred must be in writing.
SECTION 5. This ordinance
shall be effective immediately upon
its passage and publication.
ADOPTED by the City Council
of the City of Lakeville, Minnesota
this 7th day of February 2022.
CITY OF LAKEVILLE
BY: Douglas P. Anderson, Mayor
ATTEST:
Charlene Friedges, City Clerk
Published in the
Sun ThisWeek
February 11, 2022
1204998