HomeMy WebLinkAbout0777 ORDINANCE NO. 7 7 7
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE LICENSING AND REGULATING THE SALE OF TOBACCO,
PROVIDING FOR COMPLIANCE CHECKS, AND PROVIDING CIVIL AND
CRIMINAL PENALTIES FOR VIOLATIONS
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Title 3 of the Lakeville City Code is amended by adding a new Chapter 6
to read:
3=6-1: PURPOSE:
The city council finds-that current state law of prohibiting sales of tobacco related products to
persons under the age of eighteen (18) has proven ineffective inpreventing such persons from
using tobacco related products. The city council has concluded that minors have ready access to
self-service merchandising, including vending machines, which sell tobacco related products..
The city council has also concluded that the prohibition of the saleor dispensing of tobacco
related 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 under eighteen (18) years of age.
3-6-2: DEFINITIONS:
The following words and terms when used in this section shall have the following meanings
unless the context clearly indicates otherwise:
ADULT: A person eighteen (L8) years of age or older.
APPLICANT: Refers to a "person" as defined herein, who completes or signs an application for
a license to sell tobacco related products individually or on behalf of a business.
a
BEST PRACTICES ESTABLISHMENT: A license holder who has .entered a written agreement
with the Police Department and can demonstrate compliance with the Best Practices Program.
BEST PRACTICES PROGRAM: The optional instructional and employee training program
developed and administered by the Police Department.
BUSINESS: Refers to the business of selling tobacco related products.
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LICENSE HOLDER: Refers. to the owner of the business licensed to sell tobacco related
products.
MOVABLE PLACE OF BUSINESS: A business whose physical location is not permanent or is
capable of being moved or changed.
PERSON: One or more natural persons; a partnership,. including a limited partnership; a
corporation, including a foreign, domestic, or nonprofit. corporation; a trust; a political
subdivision of the state; or any other business organization.
SELF-SERVICE MERCHANDISING: A method of displaying tobacco. related products so that
they are accessible to the public without the. intervention of an applicant, license holder or their
agents or employees.
TOBACCO RELATED PRODUCT: Cigarettes, cigars, cheroots, stogies, perique, granulated,
plug cut, crimpt cut, ready, rubbed and other smoking. tobacco; snuff, snuff flower, Cavendish,
plug and twist tobacco; -fine cut and other chewing tobaccos; shorts, refuse scripts, clippings,
cuttings, .and sweepings of tobacco; and other kinds and forms of tobaeca, prepared. in such.
manner as to be suitable for chewing, sniffing, or smoking in a pipe; rolling paper or other
tobacco related devices.
VENDING MACHINE: Any mechanical, electric or electronic, self-service device which, upon
.insertion of money, tokens or any other .form of payment,. dispenses tobacco products and
.including vending machines equipped with manual, electric or electronic locking devices.
3-6-3: LICENSE REQUIRED:
No person shall keep for retail sale, sell at retail or otherwise dispense ar~y tobacco related
product at any place in the city without first obtaining alicense and paying a license fee.
(A) Application: An application for a license to sell tobacco, tobacco products, or tobacco
related devices shall be made on a form provided by the city. The application shall
include, but is not limited to, requiring the full Warne of the applicant, the applicant's
residential and business address. and telephone numbers,. the name of the proposed license
holder, the business location for. which the license is sought, and a copy of the
educational materials the applicant intends to use to educate employees. The completed
application along with the application fee shall be submitted to the City Administrator or
designee for approval. If the City Administrator or designee determines that an
application is incomplete, he or she shall return the application to the applicant with
notice of the deficiencies.
(B) Action: The City Administrator or designee may either approve or deny the license, or
may delay action for such reasonable period of time. to permit the city to complete any
investigation of the application or the applicant deemed necessary. If the City
Administrator or designee approves the license, a license shall be issued to the applicant.
If the City Administrator or designee denies the application, a notice of denial shall be
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sent to the applicant at the business address provided on the application along with the
reasons for the denial. The notice shall also inform the. applicant of their right to appeal
the City Administrator's or designee's decision to the council pursuant to the process set
forth in Section 3-6-8 of this chapter. If a license is mistakenlyissued or renewed to an
applicant or license holder, it shall be revoked by the City Administrator. or designee
upon the discovery that the person, applicant or license holder was ineligible. for the
license under this section.
(C) Term: All licenses are issued for a period of two years. All licenses shall expire on
December 31St
(D) Revocation Or Suspension: Any license issued under this section maybe revoked or
suspended as provided in the violations section of this chapter pursuant to the process set
forth in Section 3-6-8 of this chapter.
(E) Transfers: All licenses issued under this section shall be valid only on the business
premises for which the license was issued and only for the person to whom the license
was issued.. No transfer of any license to another location or person shall be valid.
(F) Display: Every license shall be conspicuously posted at the place of business for which
the license is issued and shall be exhibited to any person upon request.
(G) Renewals: The renewal of a Iicense under this section shall be handled in the sarne
manner as the anginal application. The request for renewal shall be made at least thirty
(30) days but no more than sixty (60) days before the expiration of the current license.
The issuance of a license under this chapter shall be considered a privilege and not an
absolute right of the applicant and shall not entitle the holder to an automatic renewal of
the license.
(H) Instructional Program: No person shall be issued a license or renewal license to sell
tobacco related products unless an applicant or license. holder has an approved program
for instructing all employees at the business premises for which the license was issued, in
the legal requirements pertaining to the sale of tobacco related products, including, but
not limited to, reviewing the law on the sale of tobacco related products; providing:
information on the health risks of using tobacco related products, and requiring
employees to request identification from every customer who appears to be under twenty
seven (27) years of age. The training shall include information that the sale of tobacco
related products to minors. is illegal, explains what proof of age is legally acceptable, and
that a sale to a minor can subject the applicant or license holder and their employees to
criminal and/or civil liability.
(I) Denials: The following shall be grounds for denying the issuance or renewal of a license
under this section. The following list is not exhaustive or exclusive:
1. The applicant is under the age of eighteen (18) years.
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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 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.
4. The applicant fails to provide any information required on the city license
application, or provides false or misleading information.
5, The applicant or license holder has outstanding fines, penalties ur property taxes
owed to the city.
(J) Compliance Checks: All licensed premises shall be open to inspection by the city police
or other authcarized city officials during regular business hours.
1. 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 minorsto enter the licensed premises to attempt. to
purchase tobacco, tobacco products, ortobacco related devices.
2. Minors: A minor 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 minor used in compliance checks. shall attempt to use a false identification
misrepresenting the minor's age, and all minors lawfully engaged in a compliance
check shall truthfully answer all questions about the minor's age asked by the
licensee or his or her employee and shall produce any identification for which he
or she is asked.
3-6-4: LICENSE FEE:
The license fee. shall be determined by resolution of the city council, and shall. be padat the time
of application.
3-6-5: PROHIBITED SALES:
(A) Prohibited Sales: No person shall sell, offer for sale, give away, furnish, or otherwise
deliver any tobacco, tobacco product, or tobacco related device:
1. To any person under the age of eighteen (1$) years.
2. By means of any type of vending machine.
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3. By means ofself-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 related products 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 related
products is exempt from the self-service merchandising provision if the license holder
prohibits anyone under eighteen {18) years of age from entering the establishment, unless
accompanied by a parent, and the license holder conspicuously displays a notice
prohibiting persons under eighteen (18) years of age from entering the establishment
unless accompanied by a parent.
3-6-6: MOBILE SALES:
No license. shall be issued for the sale of tobacco related products at a movable place of business,
including, but not limited to, motorized vehicles, mobile sales kiosks, or trailers.
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:
l . It shall be a misdemeanor for anyone under the age of eighteen (18) years to use,
purchase, attempt to purchase, or possess tobacco related products. This section
shall not apply to a person under the age of eighteen (18) years who purchases or
attempts to purchase tobacco related products while under the direct supervision
of a responsible adult for training, education, research, or enforcement purposes.
{C) Administrative Civil Penalties; Individuals: Any person who sells or provides any
tobacco product to a person under the age of eighteen (18) years is subject to an
administrative civil. penalty of one hundred dollars ($100.00).
(D) Administrative Civil Penalties; License Holder: The license holder shall be responsible
for the conduct of its agents or employees while on the licensed premises. Any violation
of this chapter shall be considered an act of the license holder for purposes of imposing a
civil penalty, license suspension, or revocation. Each violation, and every day in which a
violation occurs or continues, .shall constitute a separate offense.
1. Notice Of Violation: Upon the occurrence of a suspected violation, the police
department shall inform the City Administrator of the suspected violation. The
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City Administrator or designee shall then send to the license holder 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 pursuant to Section 3-6-8 of this chapter.
2. Civil Penalties:. Each license issued hereunder shall be subject to suspension or
revocation. for violation ofany provisions of this chapter or the laws of thestate of `
Minnesota as follows:
a. For licensed vendors that are not Best Practices Establishments:
(1) First Violation: The first violation of this chapter shall. be
punishable by a civil penalty of five hundred dollars ($500.00) and.
a suspension of the license for three (3) consecutive days.
(2) Second Violation: A second violation of this chapter within any
twenty four (24) month period shall be punishable by a civil
penalty of seven hundred fifty dollars ($750.00) and a suspension
of the license for five (5) consecutive days.
(3) Third Violation: A third violation of this chapter. within any twenty..
four (24) month period shall be punishable by a civil penalty of
one thousand dollars {$1,000.00) and a suspension of the license.
for ten (10) days.
(4) Subsequent Violation: A fourth or subsequent violation of this
chapter within any thirty six (36) month period may bepunshable
by revocation. of the license. If the license is not revoked, the
punishment. shall not be less than that provided under subsection
(D)2a(3) of this ection. 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.
b. For licensed vendors that are Best Practices Establishments:
(1) First Violation: The first violation of this chapter shall be
punishable by a civil penalty of one hundred fifty dollars
($150.00).
(2) Second Violation: A second violation of this chapter within any
twenty four (24) month period shall be punishable by a civil
penalty of four hundred dollars ($400.00).
(3) Third. Violation: A third violation of this chapter within any twenty
four (24) month period shall be punishable by a civil penalty of
seven hundred fiftydollars ($750.00) and a suspension of the
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license for three (3) days and a review of the violation by the Best
Practices Program review panel.
(4) Fourth Violation: A fourth violation of this chapter within any
twenty four (24) month period shall be punishable by a civil
penalty of one thousand dollars ($1,000.00) and a suspension of
the license for five (S) days. An administrative hearing will also be
conducted by the Best Practices Program review panel
(S) Subsequent Violation: A fifth or subsequent violation of this
chapter within any thirty six (36) month period maybe punishable
by revocation of the license. If the license is nat. revoked, the
punishment shall not be less than that provided under subsection
(I3)2b(4) 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.
3. 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.
3-6-8: HEARING ON DENIAL OR VIQLATION:
(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 or license holder may request a hearing: before the city council A request for a
hearing: shall be made bythe applicant 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 or
license balder 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 or license balder 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
irr Section 3-6-7 of this chapter.
(C) Default: If the applicant 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 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.
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3-6-9: AFFIRMATIVE DEFENSES:
It is an affirmative defense. to a charge under this chapter if the license holder proves by a
preponderance of the evidence that the license holder reasonably and in good faith relied on
proof of age as described in chapter 340A.503, subdivision 6 of Minnesota statutes, in making
the sale.
3-6-10: SEVERABILITY:
If any provision of this chapter is for any reason held to be invalid, such decision shall not affect
the validity of the remaining provisions of this chapter.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 20th day of DecemBer , 2004 by the City Council of the
City of Lakeville, Minnesota.
CITY O AKEVILLE
BY: G
Robert D. Jo on, Mayor
TTES ~
harlene Friedges, City Cle
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V
V
V
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA
County of Dakota
SS
TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and
employee of the publisher of the newspaper known as Thisweek Newspapers, and has full
knowledge of the facts which are stated below:
(A)The newspaper has complied with all of the requirements constituting qualification
as a legal newspaper, as provided by Minnesota Statutes 331A.02, 331A.07 and other applic-
able laws, as amended.
(B)The printed
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which is attached was cut from the columns of said newspaper, and was printed and pub-
lished once aaehoo.ieelh-for c- �p w imaa-weeks; it was
first published on Saturday, the (S _ day of
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Subscribed and sworn to before me on this 0e day of
do()5 .
t,.
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