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HomeMy WebLinkAbout0121 ORDINANCE NO. 121 CITY OF LAKEVILLE DAKOTA COUNTY, MINtdESOTA AN ORDINANCE LICENSING THE RETAIL SALE OF CIGARETTES, CIGARETTE PAPERS, AND CIGARETTE WRAPPERS AND PROVIDING A PENALTY FOR VIOLATIONS The City Council of the City of Lakeville ordains as follows: Section 1. No person shall directly or indirectly or by means of any device keep for retail sale, .sell at retail, or otherwise dispose of any cigarette, cigarette paper, or cigarette wrapper at any place in the City of Lakeville unless a license therefor has been obtained from the City. Section 2. Every application for a license shall be made to the clerk on a form provided by him. It shall be accompanied by payment to the clerk of the prescribed fee. If, after investigation, the clerk is satisfied that all requirements of law and this code have been met, he shall issue the license. Section 3. License Fee. The fee for every license shall be $12.00 per year. Every license shall expire on December 31st next after its issuance, except that a short-term license may be issued for the retail sale of cigarettes at a temporary location and may be made to expire at a date specified in the license but not later than the following December 31. For any license issued after January 31 in any year, or for any short-term license, the fee shall be computed at the rate of $1.00 for each month or fractional part of a month covered by the license, subject to a minimum fee of $6.00. Licenses shall not be transferable from one person to another. Section 4. License Shall be Displayed. Every license shall be kept conspicuously posted at the location for which the license is issued and shall be exhibited to any person upon request. Section 5. Restrictions. a. No license shall be issued at any place other .than an applicant's established place of business, except that a short-term license may be issued to an applicant for the sale of cigarettes at his temporary place of business. No license shall be issued for the sale of cigarettes at a movable place of business, nor shall any one license be issued for the sale of cigarettes at more than one place of business. No person shall sell at retail, keep for retail sale, or otherwise deal in cigarettes within 500 feet of any Elementary or High School Building. b. No person shall sell, give away, or cause to be dispensed by means of any device any cigarette, cigarette paper or cigarette wrapper to any person beloca the age of 18 years. Section 6. Revocation. Every such license may be revoked by the City Council for a violation of any provision of this ordinance after the licensee has been given reasonable notice and an opportunity to be heard. Section 7. Penalty. Any person who shall violate any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 or by imprisonment for a period not exceeding 90 days. Section 8. Effective Date. This ordinance shall become effective upon its passage and publication. ADOPTED this Sth-day of Ju , 147 ~'or onon Lekso~P , Ma~-~ AT T ' i c r atric~2cG y, Cle~ • ORDINANCE NO. 121 •y f CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE LICENSING THE RETAIL SALE OF CIGARETTES, CIGARETTE PAPERS, AND CIGARETTE WRAPPERS AND PROVIDING A PENALTY FOR VIOLATIONS The City Council of the City of Lake- ville ordains as follows: Section 1. No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispose of any cigarette, cigarette paper, or cigarette wrapper at any place in the City of Lakeville unless a license therefor has been ob- tained from the City. Section 2. Every application for a license shall be made to the clerk on a form provided by him. It shall be ac- companied by payment to the clerk of the prescribed fee. If, after in- vestigation, the clerk is satisfied that all requirements of law and this code have been met, he shall issue the license. Section 3. License Fee. The fee for every license shall be $12.00 per year. Every license shall expire on December 31st next after its issuan ce, except that a short-term license may be issued for the retail sale of cigarettes at a temporary location and may be made to expire at a date specified in the license but not later than the following December 31. For any license issued after January 31 in any year, or for any short-term licen• se, the fee shall be computed at the rate of $1.00 for each month or frac- tional part of a month covered by the license, subject to a minimum fee of $6.00. Licenses shall not be tran- sferable from one person to another. Section 4. License Shall be Displayed. Every license shall be The Lakeville Times (Affidavit of Publication) Box K Lakeville, Mn. 55044 STATE OF MINNESOTA COUNTY OF DAKOTA ) SS Rick Adelmann, being duly sworn, on oath says he is and during all times herein stated has been the publisher and printer of the newspaper known as THE LAKEVILLE TIMES and has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at (east once each week. (3) Said newspaper has 50% of its news column devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and adver- tisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 240 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second class -matter in its local post - office. (5) Said newspaper purports to serve the Village of Lakeville in the County of Dakota and it has its known office of issue in the City of Lakeville in said county, established and open during its regular business hours for the gather- ing of news, sale of advertisements and sale of subscriptions and maintained by the publisher or persons in his employ and subject to hs direction and control dur- ing all such regular business hours and at which said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by publisher of said news- paper and sworn to before a notary public stating that the news- paper is a legal newspaper. (9) Said newspaper was on May 20, 1965 qualified as a medium of official and legal publication and has continually thereafter met the foregoing conditions. ^ fl •(� He further states on oath that the printed t tcic.tv41 e.p t lD _ ) --1 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week CIACCL successive weeks that was first so published on Wednesday the N day of 19 day of ,19_ and that was thereafter printed and published on every Wednesday to and p in- cluding the Id— day of , 19 'Nand that the following is a printed copy of t lower case alphabet fromA to Z. both inclusive, and is hereby acknowledged as being the size and kind of. type used in the composition and publication of said notice, to - wit: abcdefghijklmnopqrstuvwxyz Subscribed and sworn to before me this —{day of CYNTHIA 4 STEEN Mo ittiw1N! stMliroml► DAIWA Gown, ' waireSOON kW X11~- 'NOTARY Public, Dakota County, Mn. 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